Do body corporate managers need to be licensed under the Agents Licensing Act?
A. As a general rule body corporate managers must be licensed. For the purposes of the Agents Licensing Act, a person must be licensed as a “real estate agent” if they are a body corporate manager as referred to in section 87(1) of the Unit Title Schemes Act or are a person who for reward exercises a power or performs a function on behalf of a corporation or members of a corporation under the Unit Titles Act. The difference between the two is that a person who deals with the administration of units under the Unit Titles Act is only required to be licensed if they are paid for what they do. A person who administers units under the Unit Title Schemes Act is required to be licensed regardless of whether they are paid. However, under the Agents Licensing Act, the Agents Licensing Board may grant exemptions from the need for a licence. The Board has not yet considered the issue.