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Download - Ministry of Housing and Local Government

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26. Independence <strong>of</strong> managing agent.(1) A person shall not be appointed as a managing agent if the person has a pr<strong>of</strong>essional orpecuniary interest in any building or l<strong>and</strong> intended for subdivision into parcels.(2) A person is regarded as having a pr<strong>of</strong>essional or pecuniary interest in any building or l<strong>and</strong> if-(a) he has been responsible for the design or construction <strong>of</strong> the building;(b) he or any <strong>of</strong> his nominees, <strong>of</strong>ficers or employees has any material interest in the buildingor l<strong>and</strong> or any part <strong>of</strong> the building or l<strong>and</strong>;(c) he is a partner or is in the employment <strong>of</strong> a person who has any material interest in thebuilding or l<strong>and</strong> or any part <strong>of</strong> the building or l<strong>and</strong>; or(d) he or his family holds any interest in the building or l<strong>and</strong> or part <strong>of</strong> the building or l<strong>and</strong>whether directly, as a trustee or otherwise.27. Managing agent to lodge bond.A person shall not act as managing agent unless he has lodged with the Commissioner a bond in theform approved by the Commissioner <strong>and</strong> for the specified amount given by a bank, finance companyor insurer <strong>and</strong> which binds the bank, finance company or insurer to make good any loss caused bythe managing agent as a result <strong>of</strong> his failure to account for monies received or held by him.28. Powers <strong>and</strong> duties <strong>of</strong> managing agent.(1) Where a managing agent has been appointed under section 25, the managing agent shall havecontrol over the moneys in the Building Maintenance Account or Building Maintenance Fund.(2) Subject to the general direction <strong>of</strong> the Commissioner, the managing agent appointed shall performthe duties <strong>and</strong> exercise the powers with regard to the maintenance <strong>and</strong> management <strong>of</strong> the buildingas if he was acting as the developer or the Body.(3) It shall be the duty <strong>of</strong> a managing agent to pay all moneys received by him in his capacity asmanaging agent into the Building Maintenance Account or Building maintenance Fund <strong>of</strong> that buildingwithin two working days <strong>of</strong> receiving the moneys.(4) As soon as practicable after his appointment, but in any case not later than one month after hisappointment, a managing agent shall prepare <strong>and</strong> submit to the Commissioner a statement showingas at the date <strong>of</strong> his appointment-(a) the moneys st<strong>and</strong>ing to the credit <strong>of</strong> the Building Maintenance Account or BuildingMaintenance Fund;(b) the amounts due <strong>and</strong> owing by the purchasers which are due to be paid to the BuildingMaintenance Account or Building Maintenance Fund;(c) any income derived from the common property <strong>of</strong> the building which is due to be paid tothe Building Maintenance Account or Building Maintenance Fund;(d) any sum accrued for the maintenance <strong>and</strong> management <strong>of</strong> the building, which isauthorized to be paid out <strong>of</strong> the Building Maintenance Account or Building Maintenance Fund;<strong>and</strong> which remains unpaid.

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