Australian Capital Territory Consolidated Acts

UNIT TITLES ACT 2001

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  

   PART 2--KEY CONCEPTS

           Division 2.1--Unit title developments

   5.      Parcels  
   6.      Unit title application  
   7.      Units plan  
   8.      Unit entitlement  
   9.      Units  
   10.     Class A units  
   11.     Class B units  
   12.     Unit subsidiaries  
   12A.    Meaning of annexed  
   13.     Common property  

           Division 2.2--Boundaries

   14.     Common boundaries—internal  
   15.     Common boundaries—external  
   16.     Minor boundary changes  

   PART 3--UNIT TITLE APPLICATIONS

           Division 3.1--Approval of unit title applications

   17.     Unit title applications—general requirements  
   18.     Unit title applications—class A units and class B units  
   19.     Unit title applications—unit subsidiaries  
   20.     Unit title applications—approval  
   21.     Unit title applications—reasonable rent  
   22.     Unit title applications—amendment of development statement by  

           Division 3.2--Endorsement of units plan for registration

   23.     Notice of approval of unit title applications  
   24.     Security for staged developments and unfinished work  
   25.     Territory rent for common property lease  
   26.     Territory rent for unit leases—unit title proposals approved before 1 October  
   27.     Endorsement of units plan for registration  
   28.     Lapse of endorsement after 3 months  

           Division 3.3--Amendment of development statements

   29.     Amendment of development statements before registration  
   30.     Amendment of development statements after registration  
   31.     Effect of registration of amendment  

           Division 3.4--Developer disclosure

   31A.    Contract for sale of unit before registration of units plan  

   PART 4--REGISTRATION OF UNITS PLANS

           Division 4.1--Subdivision, unit leases and common property lease

   32.     Subdivision of parcel made by registration  
   33.     Leases of units and common property  

           Division 4.2--Easements

   34.     Unit title easement rights  
   35.     Easements given by this Act  
   36.     Easements declared by owners corporations  
   37.     Registration—easements declared by owners corporations  

           Division 4.3--Encroachments on public places

   37A.    Effect of registration of units plan with encroachment on public  

   PART 5--OWNERS CORPORATIONS GENERALLY

           Division 5.1--Establishment and legal status of owners corporation

   38.     Establishment of owners corporations  
   39.     Legal status of owners corporation  

           Division 5.2--Membership and representatives

   40.     Members of owners corporation  
   41.     Multiple owners of units—authorisation of representatives  
   42.     Multiple owners of units—functions of representatives  
   43.     Company-owned units—authorisation of representatives  
   44.     Company-owned units—functions of representatives  
   45.     Evidence of representative status  

           Division 5.3--General functions

   46.     General functions  
   46A.    Restriction on owners corporation during developer control period  
   47.     Common property ownership  
   48.     Dealings in property  
   49.     Special privileges relating to common property  
   50.     Exemptions for units plans with 4 or fewer units  
   51.     General duties  
   51A.    Animals—owners corporation's consent  
   51B.    Structural defects—owners corporation may represent members  
   51C.    Owners corporation—entry to units  
   52.     Work on behalf of particular unit owners or occupiers  
   53.     Recovery of costs—agreements under s 52  
   54.     Recovery of expenditure resulting from member or unit occupier's fault  

           Division 5.3A--People appointed by owners corporation to help run owners corporation

   55.     Manager—appointment  
   55A.    Manager—conditions of appointment  
   55B.    Manager—functions  
   55C.    Manager—ending appointment  
   55D.    Manager—remedial breaches  
   55E.    Manager—code of conduct  
   55F.    Manager—public liability insurance  
   55G.    Manager—delegated functions  
   55H.    Communications officer—appointment  
   55I.    Communications officer—function  

           Division 5.3B--Service contractors

              Subdivision 5.3B--.1 Service contractor—contract and functions

   55J.    Definitions—div 5.3B  
   55K.    Service contractor—contract  
   55L.    Service contractor not to be contracted for longer than  
   55M.    Service contractor—functions  
   55N.    Service contractor—transfer  
   55O.    Service contractor—ending contract  
   55P.    Service contractor—remedial breaches  

              Subdivision 5.3B--.2 Service contractor—protection of contract
              financier

   55Q.    Meaning of financed service contract and financier—subdiv  
   55R.    Who is a financier for a service contract?  
   55S.    Financed service contract—notice of change  
   55T.    Financed service contract—limitation on ending  
   55U.    Financed service contract—person authorised to act for  
   55V.    Financed service contract—agreement between owners corporation and financier  

           Division 5.4--Finances of owners corporation

   55W.    Definitions—div 5.4  
   56.     Banking and investment of money of corporation  
   57.     Prohibition on business  
   58.     Borrowing powers  
   59.     General funds (administrative or special purpose funds)  
   60.     Contributions to general funds  
   61.     Sinking funds  
   62.     Sinking funds—owners corporation to prepare initial 10-year  
   63.     Sinking funds—review of initial sinking fund plan  
   63A.    Sinking funds—owners corporation to prepare subsequent 10-year  
   63B.    Sinking funds—review of sinking fund plan  
   64.     Sinking funds—contributions  
   64A.    General and sinking funds in staged developments  
   65.     Discounts and interest—amounts owing  
   66.     Recovery of amounts owing  
   67.     Security for unpaid amounts—declaration of charge  
   68.     Security for unpaid amounts—discharge  
   69.     Liability of co-owners  

           Division 5.5--Information

   70.     Corporate register—establishment  
   71.     Corporate register—information for inclusion  
   72.     Corporate register—access  
   73.     Names and addresses of executive members  
   74.     Insurance information  
   75.     Unit title certificate and access to owners corporation records  
   76.     Acting on information in unit title certificate  
   77.     Failure to provide information (or certificate)—offence  
   78.     Owners corporation name, address and letterbox  
   79.     Service of documents on owners corporation  
   80.     Service of documents on members, interested people and occupiers  

   PART 6--DECISION-MAKING BY OWNERS CORPORATIONS

           Division 6.1--Executive committee

   81.     Executive committee—establishment  
   82.     Executive committee—functions  
   83.     Executive committee—before the first annual general meeting  
   84.     Executive committee—after the first annual general meeting  
   85.     Meetings of executive committee  
   86.     Quorum of executive committee  
   87.     Executive committee—office-holders  
   87A.    Executive committee—chairperson's functions  
   87B.    Executive committee—secretary's functions  
   87C.    Executive committee—treasurer's functions  
   88.     Voting of executive committee  
   88A.    Decisions about staged development  
   88B.    Decisions about use of common property  
   88C.    Decisions about taking legal action  
   88D.    Taking urgent legal action  
   89.     Delegation by executive committee  
   90.     Contractors and employees  
   91.     Minutes, records and accounts  
   92.     Validity of acts of executive committee  

           Division 6.2--General meetings

   93.     Conduct of general meetings  
   94.     Annual general meetings  
   95.     First annual general meeting  
   95A.    First annual general meeting—developer to deliver records  
   96.     General meetings other than annual general meetings  
   97.     Notice of general meetings  
   98.     Defective notice of meetings  
   99.     Quorum at a general meeting—owners corporation with 3 or more members  
   100.    Notice of reduced quorum decisions and adjournments  
   101.    Reduced quorum decisions—effect  
   102.    Quorum at a general meeting—owners corporation with 2  
   103.    Chairperson at a general meeting  

           Division 6.3--Resolutions at general meetings

   104.    Decision-making at general meetings  
   105.    Ordinary resolutions  
   106.    Special resolutions  
   107.    Unopposed resolutions  
   108.    Unanimous resolutions  
   109.    Evidence of resolutions of owners corporation  

           Division 6.4--Voting at general meetings

   110.    Who is entitled to vote?  
   110A.   Decisions about staged development  
   111.    One vote—1 unit  
   112.    Voting by mortgagees  
   113.    Mortgagee voting notice—amendment and revocation  
   114.    Evidence of mortgagee's entitlement to vote  
   115.    Proxy votes  
   115A.   Proxy votes—limit on developer  
   116.    Value of votes  
   117.    Polls  
   118.    Voting by chairperson  
   120.    Absentee votes—unopposed and unanimous resolutions  
   121.    People under 18 or under other legal disabilities  
   122.    Declaration by chairperson of result of voting  

           Division 6.5--Dispute resolution

   123.    What is an ACAT dispute?  
   124.    Who may apply to the ACAT?  
   125.    Kinds of ACAT orders  

   PART 7--OWNERS CORPORATION ARTICLES

   126.    What are the articles of an owners corporation?  
   127.    Effect of articles  
   128.    Amendment of articles  
   129.    Breach of articles—article infringement notice  
   129A.   Breach of articles—failure to comply with article infringement  
   129B.   Breach of articles—request for article infringement notice  
   130.    Application of Legislation Act  

   PART 7A--IMPLIED WARRANTIES

   130A.   Meaning of implied warranties—pt 7A  
   130B.   Purpose—pt 7A  
   130C.   Implied warranties and right to cancel—effect  
   130D.   Implied warranties  
   130E.   Cancellation of contract  
   130F.   Claim for compensation  

   PART 8--INSURANCE

   131.    Public liability insurance by owners corporation  
   132.    Building insurance by owners corporation  
   133.    Exemptions from building insurance requirements  
   134.    Mortgage insurance of unit  
   135.    Payment under mortgage insurance policies  
   136.    Transfer of mortgagee's interest to insurer  
   137.    Application of insurance money by owners corporation  
   138.    Additional insurance—owners corporation  
   139.    Additional insurance—unit owners  

   PART 9--ADMINISTRATORS

           Division 9.1--Interested parties

   140.    Who may apply for an administration order?  
   141.    ACAT appearances and service of applications  

           Division 9.2--Appointment, removal and functions

   142.    Appointment of administrator  
   143.    Removal or replacement of administrator  
   144.    Functions of administrator  
   145.    Delegation by administrator  

   PART 10--AMENDMENT OF UNITS PLANS

           Division 10.1--Amendment of schedule of unit entitlement

   146.    Unit entitlement authority—grant  
   147.    Unit entitlement authorities—period of effect  
   148.    Unit entitlement authorities—registration  

           Division 10.2--Minor boundary changes

   149.    Boundary authority—grant  
   150.    Boundary authority—period of effect  
   151.    Boundary authorities—registration  

           Division 10.3--Building damage schemes

   152.    What is a building damage scheme?  
   153.    Building damage orders—right of appearance  
   154.    Provisional building damage order—application  
   155.    Provisional building damage order—approval of scheme  
   156.    Provisional building damage order—period of effect  
   157.    Final building damage order—amendment of units plan  
   158.    Final building damage order—period of effect  
   159.    Final building damage order—registration  

   PART 11--CANCELLATION OF UNITS PLANS

           Division 11.1--Cancellation authority

   160.    Cancellation authority—grant by planning and land authority  
   161.    Cancellation authority—period of effect  

           Division 11.2--Cancellation orders

   161A.   Cancellation orders—Supreme Court powers  
   161B.   Cancellation orders—provisional orders  
   161C.   Cancellation orders—after provisional order is made  
   161D.   Cancellation orders—right of appearance  

           Division 11.3--Effects of cancellation

   162.    Cancellation of units plan—effects  
   163.    Cancellation of units plan—new lease over parcel  
   164.    Dissolution of owners corporation  
   165.    Dissolution of owners corporation—Supreme Court powers  

   PART 11A--CHANGING 2-UNIT UNITS PLANS TO SUBDIVISIONS

   165A.   Application—pt 11A  
   165B.   Subdivision of units plan—application  

   PART 12--VARIATION OF UNIT LEASES

   166.    Development applications to vary lease under Planning and Development Act  
   167.    Lease variation—amendment of schedule of unit entitlement  

   PART 13--EXPIRY AND TERMINATION OF UNIT LEASES

   168.    Effects of lease expiry  
   169.    Dissolution of owners corporation on lease expiry—Supreme Court  
   170.    Effect of termination of unit lease  
   171.    New unit lease  
   172.    New unit lease—schedule of unit entitlement  

   PART 14--NOTIFICATION AND REVIEW OF DECISIONS

   173.    Definitions—pt 14  
   173A.   Internal review notices  
   174.    Objections  
   174A.   Internal reviewer  
   175.    Review by internal reviewer  
   176.    Reviewable decision notices  
   177.    Effect of decision to allow objection  
   177A.   Applications for review  

   PART 15--MISCELLANEOUS

   178.    Removal of matters from ACAT to Supreme Court  
   179.    Determination of fees  
   180.    Approved forms  
   181.    Regulation-making power  

   PART 20--TRANSITIONAL--UNIT TITLES AMENDMENT ACT 2008 (NO 2)

   250.    Definitions—pt 20  
   251.    Transitional—unit title application for 2-unit units plan  
   252.    Transitional regulations  
   253.    Transitional effect—Legislation Act, s 88  
   254.    Expiry—pt 20  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES