Australian Capital Territory Consolidated Acts
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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
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
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
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
55. Magistrates Court orders against executive committee or owners corporation
Division 5.4--Finances of owners corporation
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—opting out by small owners corporations
63. Sinking funds—annual payments
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. Chairperson of executive committee
88. Voting of executive committee
88A. Decisions about staged development
89. Delegation by executive committee
90. Agents, employees and contractors
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
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
116. Value of votes
117. Polls
118. Voting by chairperson
119. Owners corporations with only 2 members—votes divided
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--Decision-making deadlocks
123. What is a deadlock order?
124. Deadlock orders—application
125. Deadlock orders—making
PART 7--OWNERS CORPORATION ARTICLES
126. What are the articles of an owners corporation?
127. Effect of articles
128. Amendment of articles
129. Breaches of articles—remedy
130. Application of Legislation Act
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. Magistrates Court 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 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--ADMINISTRATIVE REVIEW
173. Decisions subject to review
174. Objections
175. Notice of decisions on objection
176. Effect of decision to allow objection
177. AAT review
PART 15--MISCELLANEOUS
178. Removal of matters from Magistrates Court to Supreme Court
179. Determination of fees
180. Approved forms
181. Regulation-making power
SCHEDULE 1
DICTIONARY
ENDNOTES
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