A South Australian body corporate manager has been stripped of his land agent registration, following action by regulator Consumer and Business Services.

Robert De Jonge, who traded as Dukes Real Estate, challenged the Commissioner for Consumer Affairs’ decision to cancel his registration after he breached his legal responsibilities as a body corporate manager and as a land agent.

This week, the South Australian Civil and Administrative Tribunal affirmed the Commissioner’s decision, citing a “substantial historical pattern of non-compliance with and disregard for the provisions of the Strata Titles Act and Community Titles Act.” The tribunal found Mr De Jonge was no longer fit and proper to be registered as a land agent.

The tribunal dismissed Mr De Jonge’s characterisation of the matters as minor breaches. It instead outlined Parliament’s intent that there be considerable transparency by a body corporate manager and, critically, that a body corporate manager is not entitled to receive remuneration for their work without a contract in place.

Mr De Jonge failed to:

• Make available written management contracts in the time required before they were entered into.
• Have a corporation’s trust account and records audited and provide an audit statement to the secretary of the corporation.
• Return records or make them available to the corporation, in the time required, when no longer the delegated body corporate manager.
• Return all records and money held on trust for corporations in the time required.
• Separate trust money received under the Land Agents Act from trust money received under the Community Titles Act.

The tribunal concluded that:

• Mr De Jonge lacked the reliability, integrity, competence and ability required to comply with legislative obligations.
• Mr De Jonge did not possess sufficient moral integrity and rectitude of character as to permit him to be safely accredited to the public without further enquiry as a person to be entrusted with the work of a registered land agent; and
• public confidence in the land agent profession and registration system would be undermined if Mr De Jonge remained registered.

Complaints about licence holders failing to meet their obligations can be reported to Consumer and Business Services on 131 882.

CBS Commissioner Brett Humphrey said, "Both property owners and tenants put a tremendous amount of trust in the managers of body corporates, which is why it is so important they live up to all of their legal responsibilities."

"Where they have done the wrong thing, we will continue to investigate and take appropriate action."