Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts[Note: This provision was uncommenced at republication date.]
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• appoint
• contravene
• exercise
• function
• GST
• heritage register
• planning and land authority
• reviewable decision notice.
"ACAT dispute"—see section 123.
"address for correspondence", of a company, means the address of the company's office, as registered under the law under which the company is incorporated (if that law so provides).
"administration order"—see section 140 (Who may apply for an administration order?).
"administrative fund"—see section 59 (1).
"administrator", of an owners corporation, means a person who is appointed as the administrator of the corporation under part 9 (Administrators).
"annexed"—see section 12A.
"appoint" includes engage.
"article", for an owner corporation, means an article of the corporation under section 126.
"attachment", in relation to a building, means—
(a) an eave, gutter or downpipe; or
(b) an awning; or
(c) anything attached to the building prescribed by regulation.
"benefited estate"—see section 35 (Easements given by this Act) and section 36 (Easements declared by owners corporations).
"boundary authority"—see section 149.
"building" includes—
(a) a structure; and
(b) any other improvement (including fixtures, fittings and site improvements); and
(c) as shown in a unit title application—a building, structure or improvement (including fixtures, fittings and site improvements) proposed to be erected, or as proposed to be altered or added to.
Examples of site improvements
1 a paved path
2 a paved barbecue area
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"building and development provision", in relation to a lease—see the Planning and Development Act 2007, section 234.
"building damage scheme"—see section 152.
"burdened estate"—see section 35 (Easements given by this Act) and section 36 (Easements declared by owners corporations).
"cancellation authority"—see section 160.
"cancellation dissolution order"—see section 165 (Dissolution of owners corporation—Supreme Court powers).
"cancellation order"—see section 161A (Cancellation orders—Supreme Court powers).
"class A unit"—see section 10.
"class B unit"—see section 11.
"common property"—see section 13.
"communications officer", for an owners corporation, means the owners corporation communications officer appointed by the owners corporation under section 55H.
"company "includes any body corporate.
"contribution" means a contribution to a general fund or the sinking fund of an owners corporation.
"corporate register"—see section 70.
"deadlock order"—see section 123.
"default articles"—see section 126.
"developer" means the lessee of a parcel who applies for the approval of the subdivision of the parcel under section 17 (Unit title applications—general requirements).
"developer control period", for a units plan, means the period that—
(a) starts on the day the owners corporation for the units plan is established; and
(b) ends on the day people other than the developer hold 1/3 or more of the unit entitlements for the units plan.
"development", of a parcel, a unit or common property—
(a) means the erection, alteration or addition of a building on the parcel, unit or common property; and
(b) for a unit title application—includes a proposal for the erection, alteration or addition of a building on the parcel, unit or common property.
"development statement" means a statement about a staged development, accompanying a unit title application (as amended under section 22 (Unit title applications—amendment of development statement by authority), or amended under section 29 (Amendment of development statements before registration) or section 30 (Amendment of development statements after registration)).
"eligible person", for a unit or common property in relation to which access to information is required, means—
(a) the owner, or another person with an interest in the unit, or in an easement over the common property; or
(b) for a unit that is owned, or part-owned, by a company—the representative of the company; or
(c) anyone authorised in writing by a person mentioned in paragraph (a) or (b); or
(d) if access to the information is necessary or desirable for the administration of this Act—the planning and land authority.
"encroachment" includes a projection at, above or below ground level.
"entitled to vote", in relation to a motion at a general meeting of an owners corporation, means a person who is entitled to vote on the motion under section 110.
"estate", in relation to a unit title easement right given by this Act, means the unit or common property benefited or burdened by the right.
Note See div 4.2 (Easements) (which defines unit title easement rights in s 34 and benefited estate and "burdened estate "in s 35 and s 36).
"executive committee", of an owners corporation, means the executive committee of the corporation established under section 81.
"executive member" means a member of an executive committee.
"expiry dissolution order"—see section 169 (Dissolution of owners corporation on lease expiry—Supreme Court powers).
"final building damage order"—see section 157.
"financial year", for an owners corporation, means—
(a) a period of 12 months beginning on 1 July; or
(b) any other period of 12 months decided by the owners corporation.
"financier", for a service contract—see section 55R.
"former members", of an owners corporation that is dissolved, means the people who were the members of the corporation immediately before the dissolution.
"full name", of a company, means the full name of the company together with the full name of its secretary or public officer (or an equivalent office-holder).
"general fund", of an owners corporation, means—
(a) the administrative fund of the corporation (see section 59 (1)); or
(b) a special purpose fund of the corporation (see section 59 (2)).
"general funds budget"—see section 59 (5).
"implied warranties", for part 7A (Implied warranties)—see section 130D.
"improved value", for calculating the unit entitlement of a unit (whether before or after the registration of the units plan) means—
(a) for a class A unit—the total of the following values:
(i) the value of the unit itself;
(ii) for any unit subsidiaries annexed to the unit that are buildings or parts of buildings—the value of the buildings or parts of buildings;
(iii) for any unit subsidiaries annexed to the unit that are constituted by land—the combined value of the land and all buildings on the land; or
(b) for a class B unit—the total of the following values:
(i) the combined value of the land occupied by the unit itself and of all buildings on the land;
(ii) for any unit subsidiaries annexed to the unit that are buildings or parts of buildings—the value of the buildings or parts of buildings;
(iii) for any unit subsidiaries annexed to the unit that are constituted by land—the combined value of the land and all buildings on the land.
"initial sinking fund plan", for division 5.4 (Finances of owners corporation)—see section 62.
"interest", in a unit or common property, means a legal or equitable estate or interest (whether registered or unregistered) in the lease of the unit or of the common property, except an interest in a sublease of a unit.
"interested nonvoter"—a person with an interest in a unit or the common property is an interested nonvoter in relation to an application under this Act for amendment of a development statement (under section 30), a boundary authority (under section 149) or a cancellation authority (under section 160) if—
(a) the interest was shown on the corporate register (or known to an executive member) when the application was made; and
(b) either—
(i) the person's interest was in a unit (otherwise than as mortgagee) or the common property when the resolution authorising the application was passed, but the person was not entitled to vote on the resolution; or
(ii) the person's interest was as mortgagee in a unit when the resolution authorising the application was passed, but the mortgagee was not entitled to vote on the resolution through a mortgagee's representative.
Examples of interested nonvoters
1 The proprietor of a property adjoining the parcel on which the units stand, if the property benefits from an easement over the common property, and the proprietor's easement interest is shown on the corporate register.
2 For paragraph (b) (i)—A part-owner of a unit that is owned by 2 or more people, if the part-owner was not the representative for the unit when the application was authorised at a general meeting. The part-owner would not have been ‘entitled to vote' under section 110.
3 For paragraph (b) (i)—An owner of a unit for which a mortgagee has issued a mortgagee voting notice under section 112. The owner would not have been ‘entitled to vote' under section 110.
4 For paragraph (b) (ii)—The mortgagee of a unit who was not entitled to vote on the motion authorising the application because the mortgagee did not (or was not entitled to) issue a mortgagee voting notice under section 112.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"interested party", for an administration order—see section 140 (Who may apply for an administration order?).
"internally reviewable decision", for part 14 (Notification and review of decisions)—see section 173.
"internal reviewer", for part 14 (Notification and review of decisions)—see section 174A.
"internal review notice", for part 14 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).
"lease" means—
(a) for a unit—the lease of the unit under section 33 (2) (Leases of units and common property) or section 171 (2) (New unit lease); or
(b) for common property—the lease of the common property under section 33 (3) (Leases of units or common property); or
(c) for a parcel—the lease of the parcel granted under the Planning and Development Act 2007, or the lease arising under section 162 (Cancellation of units plan—effects) of this Act.
"lessee" means—
(a) for a unit—the owner of the unit; or
(b) for the common property—the owners corporation; or
(c) for a parcel—the registered proprietor of the lease of the parcel.
"maintenance", of a building, a facility for a utility service or a utility conduit, means maintenance in good repair and working order, and includes—
(a) repair; and
(b) replacement; and
(c) renewal; and
(d) restoration.
"manager", for an owners corporation, means the owners corporation manager appointed by the owners corporation under section 55.
"minor boundary change"—see section 16.
"mortgage" means a registered mortgage, or a registered encumbrance, within the meaning of the Land Titles Act 1925.
"mortgagee "means—
(a) for a unit—the registered proprietor of a mortgage of the lease of the unit; or
(b) in any other case—the registered proprietor of a mortgage.
"mortgage insurance policy"—see section 134 (Mortgage insurance of unit).
"mortgagee voting notice"—see section 112 (Voting by mortgagees).
"ordinary resolution" means a resolution of a general meeting passed as required by section 105.
"owner" means—
(a) for a unit—the registered proprietor of the lease of the unit; or
Note The term unit owner is also defined in the dictionary with the same meaning.
(b) for common property—the owners corporation.
"owners corporation" means a corporation established under section 38.
"parcel"—see section 5.
"part owner", of a unit, means ownership of the unit as a tenant in common or as a joint owner.
"proportional share", of a contribution payable for a unit, is the proportion of the total contributions payable for all units worked out as follows:
"proprietor", of an interest in land, includes anyone who is entitled to exercise the rights of the proprietor in relation to the land.
Examples
1 someone to whom the proprietor has assigned those rights
2 the heir, executor or administrator of the proprietor
3 the trustee in relation to the proprietor's interest under the Bankruptcy Act 1966 (Cwlth)
4 for a company that is a proprietor, the company's liquidators
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"provisional building damage order"—see section 154.
"provisions", of a lease, means the provisions, covenants and conditions subject to which the lease is held.
"public place"—see the Roads and Public Places Act 1937, dictionary.
"reduced quorum"—see section 99 (Quorum at a general meeting—owners corporations with 3 or more members).
"reduced quorum decision"—see section 100 (Notice of reduced quorum decisions and adjournments).
"registered" means registered with the registrar-general under the Land Titles Act 1925 or the Land Titles (Unit Titles) Act 1970.
"representative"—
(a) for the owners of a unit owned by 2 or more people (whether as joint tenants or tenants in common)—see section 41 (Multiple owners of units—authorisation of representatives); or
(b) for a company that is the owner or a part-owner of a unit—see section 43 (Company-owned units—authorisation of representatives); or
(c) for a mortgagee that has given a mortgagee voting notice to an owners corporation—see section 112 (Voting by mortgagees).
"reviewable decision", for part 14 (Notification and review of decisions)—see section 173.
"schedule of unit entitlement", in relation to a units plan, means the schedule of unit entitlement forming part of the plan under section 8.
"secretary", for an owners corporation, means the secretary of the corporation elected under section 87.
"service contract", for an owners corporation, means a contract entered into by the owners corporation with a service contractor to provide service contractor services under section 55J.
"service contractor", for an owners corporation, means the owners corporation service contractor contracted by the owners corporation under section 55J.
"sinking fund"—see section 61.
"sinking fund expenditure", for division 5.4 (Finances of owners corporation)—see section 55W.
"sinking fund plan", for division 5.4 (Finances of owners corporation)—see section 63A.
"special purpose fund"—see section 59 (2).
"special resolution" means a resolution of a general meeting passed as required by section 106.
"staged development", in relation to a unit title application—see section 17 (3) (Unit title applications—general requirements).
"standard quorum"—see section 99 (Quorum at a general meeting—owners corporations with 3 or more members).
"termination", of a lease of a unit, does not include the termination of the lease on surrender under the Planning and Development Act 2007, section 254 (Grant of further leases).
"total sinking fund amount"—see section 63 (1) (Sinking funds—annual payments).
"treasurer", for an owners corporation, means the treasurer of the corporation elected under section 87.
"unanimous resolution" means a resolution of a general meeting passed as required by section 108.
"unit"—see section 9.
"unit entitlement"—see section 8.
"unit entitlement authority"—see section 146.
"unit owner "means the registered proprietor of the lease of the unit.
"units plan" means the units plan under section 7.
"unit subsidiary"—see section 12.
"unit title application"—see section 6.
"unit title certificate"—see section 75.
"unit title easement rights"—see section 34.
"unopposed resolution" means a resolution of a general meeting passed as required by section 107.
"utility conduit" means a conduit of any kind for the provision of a utility service, and includes, for example, pipes, wires, cables and ducts for a utility service.
"utility services" includes—
(a) the collection and passage of stormwater; and
(b) the supply of water (for drinking or any other use); and
(c) sewerage and drainage services; and
(d) garbage collection services; and
(e) gas, electricity and air services (including airconditioning and heating); and
(f) communication services (including telephone, radio and television).
"voting value"—see section 116 (2) (Value of votes).
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
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am = amended |
ord = ordinance |
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amdt = amendment |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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def = definition |
pres = present |
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dict = dictionary |
prev = previous |
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disallowed = disallowed by the Legislative |
(prev...) = previously |
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Assembly |
pt = part |
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div = division |
r = rule/subrule |
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exp = expires/expired |
renum = renumbered |
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Gaz = gazette |
reloc = relocated |
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hdg = heading |
R[X] = Republication No |
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IA = Interpretation Act 1967 |
RI = reissue |
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ins = inserted/added |
s = section/subsection |
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LA = Legislation Act 2001 |
sch = schedule |
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LR = legislation register |
sdiv = subdivision |
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sub = substituted |
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mod = modified/modification |
SL = Subordinate Law |
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o = order |
underlining = whole or part not commenced |
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om = omitted/repealed |
or to be expired |
Unit Titles Act 2001 No 16
notified 5 April 2001 (Gaz 2001 No 14)
s 1, s 2 commenced 5 April 2001 (IA s 10B)
s 182, s 185 and s 189 commenced 5 April 2001 (s 1)
remainder commenced 5 October 2001 (LA s 79)
as amended by
Legislation (Consequential Amendments) Act 2001 No 44 pt 401
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 401 commenced 5 October 2001 (s 2 (2) and amdts 1.4149-1.4161)
Statute Law Amendment Act 2001 (No 2) No 56 pt 3.51
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (s 2 (1))
amdts commenced 12 September 2001 (s 2 (2), amdt 3.859, amdt 3.860)
Community Title Act 2001 No 58 s 103
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
s 103 commenced 10 March 2002 (LA s 79)
Statute Law Amendment Act 2002 No 30 pt 3.84
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
amdt 3.929 taken to have commenced 5 October 2001 (s 2 (2))
pt 3.84 remainder commenced 17 September 2002 (s 2 (1))
Planning and Land (Consequential Amendments) Act 2002 No 56 sch 3 pt 3.16
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
sch 3 pt 3.16 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.70
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.70 commenced 2 June 2005 (s 2 (1))
Unit Titles Amendment Act 2005 A2005-25
notified LR 11 May 2005
s 1, s 2 commenced 11 May 2005 (LA s 75 (1))
remainder commenced 12 May 2005 (s 2)
Unit Titles (Staged Development) Amendment Act 2005 A2005-37
notified LR 26 August 2005
s 1, s 2 commenced 26 August 2005 (LA s 75 (1))
remainder commenced 14 September 2005 (s 2 and CN2005-21)
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.24
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.24 commenced 16 November 2006 (s 2 (1))
Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.32
notified LR 13 September
2007
s 1, s 2 commenced 13 September 2007 (LA s 75
(1))
sch 1 pt 1.32 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
Unit Titles Amendment Act 2008 A2008-9
notified LR 17 April 2008
s 1, s 2 commenced 17 April 2008 (LA s 75 (1))
remainder commenced 18 April 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.102
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.102 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Unit Titles Amendment Act 2008 (No 2)
A2008-45
notified LR 10 September
2008
s 1, s 2 commenced 10 September 2008 (LA s 75
(1))
s 3 commenced 2 February 2009 (s 2 (1) and
CN2008-18)
s 4, s 48 (new section 251) commenced 10
September 2009 (s 2 (1) and CN2008-18)
s 7, s 16, s
39, s 42, s 45, s 46, s 49, s 50, s 53 commenced 2 February 2009 (s 2
(2))
s 15, s 52 (def manager)
commenced 1 July 2009 (s 2 (1) and
CN2008-18)
remainder commenced 31 March 2009 (s 2
(1) and CN2008-18)
Commencement
s
2 om LA s 89 (4)
Units
plan
s 7 am A2005-37 s 4; pars
renum R8 LA (see A2005-37 s 5)
Class B
units
s 11 am A2008-9 amdt
1.1
Meaning of
annexed
s 12A ins A2005-20
amdt 3.447
Unit title applications—general
requirements
s 17 am 2001 No 44
amdt 1.4149; 2002 No 56 amdt 3.75; A2005-37 s 6; A2007-25 amdt 1.180; A2008-9 s
4; A2008-45 s 4
Unit title applications—class A units
and class B units
s 18 am A2008-9
amdt 1.2
Unit title applications—unit
subsidiaries
s 19 am A2008-9 amdt
1.2
Unit title
applications—approval
s
20 am 2001 No 44 amdt 1.4150, amdt 1.4151; 2002 No 56 amdt 3.75, amdt 3.76;
A2005-37 s 7, s 8; A2006-42 amdt 3.210, amdt 3.211; A2007-25 amdt 1.181,
amdt 1.182; A2008-9 s 5, s 6
Unit title applications—reasonable
rent
s 21 am 2002 No 56 amdts
3.57-3.59; A2008-37 amdt 1.504
Unit title applications—amendment of
development statement by
authority
s 22 sub 2002 No 56
amdt 3.60
Notice of approval of unit title
applications
s 23 am 2002 No 56
amdt 3.61, amdt 3.75, amdt 3.76
Security for staged developments and
unfinished work
s 24 am 2001 No
44 amdt 1.4152, amdt 1.4153; 2002 No 56 amdt 3.62, amdt
3.75
Endorsement of units plan for
registration
s 27 am 2002 No 56
amdt 3.63, amdt 3.75, amdt 3.76; A2005-37 s 9; pars renum R8 LA (see
A2005-37 s 10); A2007-25 amdt 1.182; A2008-9 s 7
Lapse of endorsement after 3
months
s 28 am 2002 No 56 amdt
3.75
Amendment of development statements before
registration
s 29 am 2001 No 44
amdt 1.4154; 2002 No 56 amdt 3.64, amdt 3.65, amdt 3.75
Amendment of development statements after
registration
s 30 am 2001 No 44
amdt 1.4154; 2002 No 56 amdt 3.66, amdt 3.67, amdt 3.75, amdt 3.76;
A2005-37 ss 11-14; ss renum R8 LA (see A2005-37 s 15); A2008-45 s
5
Effect of registration of
amendment
s 31 sub A2005-37 s
16
am A2007-25 amdt
1.183
Developer
disclosure
div 3.4 hdg ins
A2008-45 s 6
Contract for sale of unit before
registration of units plan
s
31A ins A2008-45 s 6
Leases of units and common
property
s 33 am A2007-25 amdt
1.184
Unit title easement
rights
s 34 am A2007-25 amdt
1.185
Encroachments on public
places
div 4.3 hdg ins A2008-9 s
8
Effect of registration of units plan with
encroachment on public place
s
37A ins A2008-9 s 8
Restriction on owners corporation during
developer control period
s
46A ins A2008-45 s 7
Dealings in
property
s 48 am 2001 No 58 s
103; A2008-45 s 8, s 9
Exemptions for units plans with 4 or fewer
units
s 50 am A2008-45 s
10
General
duties
s 51 am 2002 No 56 amdt
3.75; A2005-37 s 17; pars renum R8 LA (see A2005-37 s 18); A2007-25 amdt 1.186;
A2008-45 s 11
Animals—owners corporation's
consent
s 51A ins A2008-45 s
12
Structural defects—owners corporation
may represent members
s 51B ins
A2008-45 s 12
Owners corporation—entry to
units
s 51C ins A2008-45 s
12
Work on behalf of particular unit owners or
occupiers
s 52 am A2008-45 s
13
People appointed by owners corporation to
help run owners corporation
div
5.3A hdg ins A2008-45 s 15
Manager—appointment
s
55 om A2008-45 s 14
ins A2008-45 s
15
Manager—conditions of
appointment
s 55A ins A2008-45 s
15
Manager—functions
s
55B ins A2008-45 s 15
Manager—ending
appointment
s 55C ins A2008-45 s
15
Manager—remedial
breaches
s 55D ins A2008-45 s
15
Manager—code of
conduct
s 55E ins A2008-45 s
15
Manager—public liability
insurance
s 55F ins A2008-45 s
15
Manager—delegated
functions
s 55G ins A2008-45 s
15
Communications
officer—appointment
s
55H ins A2008-45 s 15
Communications
officer—function
s 55I ins
A2008-45 s 15
Service
contractors
div 5.3B hdg ins
A2008-45 s 16
Service contractor—contract and
functions
sdiv 5.3B.1 hdg ins
A2008-45 s 16
Definitions—div
5.3B
s 55J ins A2008-45 s
16
def service contract
ins A2008-45 s 16
def
service contractor ins A2008-45 s
16
def service contractor
services ins A2008-45 s 16
Service
contractor—contract
s
55K ins A2008-45 s 16
Service contractor not to be contracted for
longer than 25 years
s
55L ins A2008-45 s 16
Service
contractor—functions
s
55M ins A2008-45 s 16
Service
contractor—transfer
s
55N ins A2008-45 s 16
Service contractor—ending
contract
s 55O ins A2008-45 s
16
Service contractor—remedial
breaches
s 55P ins A2008-45 s
16
Service contractor—contract and
functions
sdiv 5.3B.2 hdg ins
A2008-45 s 16
Meaning of financed service contract
and financier—subdiv
5.3B.2
s 55Q ins A2008-45 s
16
Who is a financier for a service
contract?
s 55R ins A2008-45 s
16
Financed service contract—notice of
change
s 55S ins A2008-45 s
16
Financed service contract—limitation
on ending
s 55T ins A2008-45 s
16
Financed service contract—person
authorised to act for financier
s
55U ins A2008-45 s 16
Financed service contract—agreement
between owners corporation and financier
prohibited
s 55V ins A2008-45 s
16
Definitions—div
5.4
s 55W ins A2008-45 s
17
def initial sinking fund
plan ins A2008-45 s 17
def
sinking fund expenditure ins A2008-45 s
17
def sinking fund plan
ins A2008-45 s 17
Borrowing
powers
s 58 am A2008-45 s
18
General funds (administrative or special
purpose funds)
s 59 am A2005-20
amdt 3.448
Sinking
funds
s 61 am A2008-45 s 19, s
20
Sinking funds—owners corporation to
prepare initial 10-year plan
s
62 sub A2008-45 s 21
(4)-(6) exp
31 March 2011 (s 62 (6) (LA s 88 declaration applies))
Sinking funds—review of initial
sinking fund plan
s 63 sub
A2008-45 s 21
Sinking funds—owners corporation to
prepare subsequent 10-year
plans
s 63A ins A2008-45 s
21
Sinking funds—review of sinking fund
plan
s 63B ins A2008-45 s
21
General and sinking funds in staged
developments
s 64A ins A2005-37 s
19
Discounts and interest—amounts
owing
s 65 am A2008-45 s 22, s
23
Corporate register—information for
inclusion
s 71 am A2005-20 amdt
3.449
Unit title certificate and access to owners
corporation records
s 75 am 2001
No 44 amdt 1.4155, amdt 1.4156
sub
A2008-45 s 24
Owners corporation name, address and
letterbox
s 78 am 2001 No 44 amdt
1.4157
Service of documents on owners
corporation
s 79 sub 2002 No 30
amdt 3.925
Service of documents on members, interested
people and occupiers
s 80 am 2002
No 30 amdt 3.926, amdt 3.927
Executive
committee—functions
s 82 am
A2008-45 s 25; ss renum R13 LA
Executive committee—before the first
annual general meeting
s 83 am
A2008-45 s 26
Executive committee—after the first
annual general meeting
s 84 am
A2008-45 s 27, s 28
Executive
committee—office-holders
s
87 sub A2008-45 s 29
Executive
committee—chairperson's
functions
s 87A ins A2008-45 s
29
Executive committee—secretary's
functions
s 87B ins A2008-45 s
29
Executive committee—treasurer's
functions
s 87C ins A2008-45 s
29
Decisions about staged
development
s 88A ins A2005-37 s
20
Decisions about use of common
property
s 88B ins A2008-45 s
30
Decisions about taking legal
action
s 88C ins A2008-45 s
30
Taking urgent legal
action
s 88D ins A2008-45 s
30
Delegation by executive
committee
s 89 sub 2002 No 30
amdt 3.928
Contractors and
employees
s 90 sub A2008-45 s
31
Minutes, records and
accounts
s 91 am 2002 No 56 amdt
3.75
First annual general
meeting
s 95 am A2008-45 s 32, s
33
(3)-(5) exp 30 September 2009 (s
95 (5) (LA s 88 declaration applies))
First annual general meeting—developer
to deliver records
s 95A ins
A2008-45 s 34
Notice of reduced quorum decisions and
adjournments
s 100 am 2001 No 44
amdt 1.4158, amdt 1.4159
Quorum at a general meeting—owners
corporation with 2 members
s
102 am A2008-45 s 35
Decisions about staged
development
s 110A ins A2005-37 s
21
Mortgagee voting notice—amendment and
revocation
s 113 am 2002 No 30
amdt 3.929
Proxy
votes
s 115 am A2008-45 s
36
Proxy votes—limit on
developer
s 115A ins A2008-45 s
37
Value of
votes
s 116 sub A2005-20 amdt
3.450
Owners corporations with only 2
members—votes divided
s
119 om A2008-45 s 38
People under 18 or under other legal
disabilities
s 121 am 2002 No 30
amdt 3.930
Dispute
resolution
div 6.5 hdg sub
A2008-45 s 39
What is an ACAT
dispute?
s 123 sub A2008-45 s
39
Who may apply to the
ACAT?
s 124 sub A2008-45 s
39
Kinds of ACAT
orders
s 125 sub A2008-45 s
39
What are the articles of an owners
corporation?
s 126 sub A2008-45 s
40
Effect of
articles
s 127 am A2008-9 amdt
1.3
Amendment of
articles
s 128 am A2008-45 s 41;
ss renum R13 LA
Breach of articles—article
infringement notice
s 129 sub
A2008-45 s 42
Breach of articles—failure to comply
with article infringement
notice
s 129A ins A2008-45 s
42
Breach of articles—request for article
infringement notice
s 129B ins
A2008-45 s 42
Application of Legislation
Act
s 130 hdg sub 2001 No 56 amdt
3.859
s 130 am 2001 No 56 amdt
3.860
Implied
warranties
pt 7A hdg ins A2008-45
s 43
Meaning of implied
warranties—pt 7A
s
130A ins A2008-45 s 43
Purpose—pt
7A
s 130B ins A2008-45 s
43
Implied warranties and right to
cancel—effect
s 130C ins
A2008-45 s 43
Implied
warranties
s 130D ins A2008-45 s
43
Cancellation of
contract
s 130E ins A2008-45 s
43
Claim for
compensation
s 130F ins A2008-45
s 43
Building insurance by owners
corporation
s 132 am A2005-37 s
22
Application of insurance money by owners
corporation
s 137 am A2008-45 s
53
Who may apply for an administration
order?
s 140 am A2008-45 s
53
ACAT appearances and service of
applications
s 141 hdg am
A2008-45 s 53
s 141 am A2008-45 s
53
Appointment of
administrator
s 142 am 2002 No 30
amdt 3.931; A2008-45 s 53
Removal or replacement of
administrator
s 143 am A2008-45 s
53
Functions of
administrator
s 144 am A2008-45 s
53
Delegation by
administrator
s 145 sub 2002 No
30 amdt 3.932
Unit entitlement
authority—grant
s 146 am
2001 No 44 amdt 1.4160; 2002 No 56 amdt 3.75; A2008-45 s 44
Boundary
authority—grant
s 149 am
2001 No 44 amdt 1.4160; 2002 No 56 amdt 3.75
Boundary
authorities—registration
s
151 am A2007-25 amdt 1.187
Building damage orders—right of
appearance
s 153 am A2008-45 s
53
Provisional building damage
order—application
s 154 am
2001 No 44 amdt 1.4160; 2002 No 56 amdt 3.68, amdt 3.69, amdt 3.75;
A2005-25 s 4; A2007-25 amdt 1.188; A2008-45 s 53
Provisional building damage
order—approval of scheme
s
155 am 2002 No 56 amdt 3.75; A2008-45 s 53
Provisional building damage
order—period of effect
s
156 am A2008-45 s 45
Final building damage order—amendment
of units plan
s 157 am A2008-45 s
53
Final building damage order—period of
effect
s 158 am A2008-45 s
46
Final building damage
order—registration
s 159 am
A2007-25 amdt 1.189
Cancellation authority—grant by
planning and land authority
s 160
hdg sub A2005-25 s 5
s 160 am 2001 No
44 amdt 1.4160; 2002 No 56 amdt 3.75; A2005-25 ss 6-8; ss renum R6 LA (see
A2005-25 s 9)
Cancellation authority—period of
effect
s 161 hdg sub A2005-25 s
10
Cancellation
orders
div 11.2 hdg om A2005-25 s
12
ins A2005-25 s
11
Cancellation orders—Supreme Court
powers
s 161A ins A2005-25 s
11
Cancellation orders—provisional
orders
s 161B ins A2005-25 s
11
Cancellation orders—after provisional
order is made
s 161C ins A2005-25
s 11
Cancellation orders—right of
appearance
s 161D ins A2005-25 s
11
Effects of
cancellation
div 11.3 hdg ins
A2005-25 s 12
Cancellation of units
plan—effects
s 162 am
A2005-25 s 13
Cancellation of units plan—new lease
over parcel
s 163 am 2002 No 56
amdt 3.75; A2005-25 s 14
Dissolution of owners
corporation—Supreme Court
powers
s 165 hdg sub A2005-25 s
15
s 165 am A2005-25 s 16, s 17, s
19; pars renum R6 LA (seeA2005-25 s 18)
Changing 2-unit units plans to
subdivisions
pt 11A hdg ins
A2008-45 s 47
Application—pt
11A
s 165A ins A2008-45 s
47
Subdivision of units
plan—application
s 165B ins
A2008-45 s 47
Development applications to vary lease under
Planning and
Development Act
s 166
hdg sub A2007-25 amdt 1.190
s 166 am
2002 No 56 amdt 3.75; A2007-25 amdt 1.191, amdt 1.192
Lease variation—amendment of schedule
of unit entitlement
s 167 sub
2002 No 56 amdt 3.70
Dissolution of owners corporation on lease
expiry—Supreme Court
powers
s 169 hdg sub A2005-25 s
20
s 169 am A2005-25 s 21, s 22, s
24; pars renum R6 LA (see A2005-25 s 23)
Effect of termination of unit
lease
s 170 am 2002 No 56 amdt
3.71, amdt 3.76; A2007-25 amdt 1.193
New unit
lease
s 171 am 2002 No 56 amdt
3.75; A2007-25 amdts 1.194-1.196
New unit lease—schedule of unit
entitlement
s 172 am A2007-25
amdt 1.197, amdt 1.198
Notification and review of
decisions
pt 14 hdg sub A2008-37
amdt 1.505
Definitions—pt
14
s 173 am 2002 No 56 amdt 3.72,
amdt 3.75
sub A2008-37 amdt
1.505
def internally
reviewable decision ins A2008-37 amdt
1.505
def internal reviewer
ins A2008-37 amdt 1.505
def
internal review notice ins A2008-37 amdt
1.505
def reviewable decision
ins A2008-37 amdt 1.505
Internal review
notices
s 173A ins A2008-37 amdt
1.505
Objections
s
174 am 2002 No 56 amdt 3.75
sub
A2008-37 amdt 1.505
Internal
reviewer
s 174A ins A2008-37 amdt
1.505
Review by internal
reviewer
s 175 am 2002 No 56 amdt
3.75
sub A2008-37 amdt
1.505
Reviewable decision
notices
s 176 sub A2008-37 amdt
1.505
Effect of decision to allow
objection
s 177 sub A2008-37 amdt
1.505
Applications for
review
s 177A ins A2008-37 amdt
1.505
Removal of matters from ACAT to Supreme
Court
s 178 hdg am A2008-45 s
53
s 178 am A2008-45 s
53
Determination of
fees
s 179 sub 2001 No 44 amdt
1.4161
am A2006-42 amdt
3.211
Approved
forms
s 180 sub 2001 No 44 amdt
1.4161
am 2002 No 30 amdt 3.933;
2002 No 56 amdt 3.75; A2006-42 amdt 3.211
Regulation-making
power
s 181 sub 2001 No 44 amdt
1.4161
Repeals and
transitional
pt 16 hdg exp 5
April 2003 (s 194)
Definitions for pt
16
s 182 exp 5 April 2003 (s
194)
Repeal of Unit Titles Act 1970 and Unit
Titles Regulations
s 183 om LA s
89 (3)
Units plans, corporations and
committees
s 184 exp 5 April 2003
(s 194)
Mixed class A and class B unit title
proposals
s 185 exp 5 April 2003
(s 194)
Transitional unit title
proposals
s 186 exp 5 April 2003
(s 194)
Transitional unit title
approvals
s 187 exp 5 April 2003
(s 194)
Representatives—multiply-owned units
and company-owned units
s 188 exp
5 April 2003 (s 194)
General meetings notified before
commencement day
s 189 exp 5
April 2003 (s 194)
Finances of transitional
corporations
s 190 exp 5 April
2003 (s 194)
Work on behalf of unit
owners
s 191 exp 5 April 2003 (s
194)
Articles
s
192 exp 5 April 2003 (s 194)
Insurance
s
193 exp 5 April 2003 (s 194)
Expiry of pt
16
s 194 sub 2002 No 30 amdt
3.934
exp 5 April 2003 (s
194)
Transitional—Unit Titles Amendment Act
2008 (No 2)
pt 20 hdg ins
A2008-45 s 48
exp 31 March 2014
(s 254 (LA s 88 declaration applies))
Definitions—pt
20
s 250 ins A2008-45 s
48
def commencement day
ins A2008-45 s 48
def
pre-amendment Act ins A2008-45 s
48
exp 31 March 2014 (s 254 (LA s
88 declaration applies))
Transitional—unit title application
for 2-unit units plan
s 251 ins
A2008-45 s 48
exp 31 March 2014
(s 254 (LA s 88 declaration applies))
Transitional
regulations
s 252 ins A2008-45 s
48
exp 31 March 2014 (s 254 (LA s
88 declaration applies))
Transitional effect—Legislation Act, s
88
s 253 ins A2008-45 s
48
exp 31 March 2014 (s 254 (LA s
88 declaration applies))
Expiry—pt
20
s 254 ins A2008-45 s
48
exp 31 March 2014 (s 254 (LA s
88 declaration applies))
Reviewable
decisions
sch 1 hdg sub A2008-37
amdt 1.506
sch 1 am A2006-42 amdt
3.212; A2008-37 amdt 1.507
Dictionary
dict am
2002 No 30 amdt 3.935; A2006-42 amdt 3.213; A2008-37 amdt 1.508; A2008-45 s
49
def ACAT dispute
ins A2008-45 s 50
def
annexed sub A2005-20 amdt
3.451
def appoint ins
A2008-45 s 50
def article
ins A2005-20 amdt 3.452
def
attachment ins A2008-9 s
9
def building and development
provision ins A2007-25
amdt 1.199
def
cancellation dissolution order sub A2005-25 s
25
def cancellation order
ins A2005-25 s 26
def
company representative om A2005-20 amdt
3.453
def communications
officer ins A2008-45 s
50
def default articles
sub A2008-45 s 51
def
developer ins A2008-45 s
52
def developer control
period ins A2008-45 s 52
def
development covenant om A2007-25 amdt
1.200
def development
statement sub 2002 No 56 amdt
3.74
def eligible person
am 2002 No 56 amdt 3.75
def
encroachment ins A2008-9 s
9
def entitled to vote
sub A2005-20 amdt 3.454
def
expiry dissolution order sub A2005-25 s
27
def financier ins
A2008-45 s 52
def GST
om A2005-20 amdt 3.455
def
implied warranties ins A2008-45 s
52
def initial sinking fund
plan ins A2008-45 s 52
def
internally reviewable decision ins A2008-37 amdt
1.509
def internal reviewer
ins A2008-37 amdt 1.509
def
internal review notice ins A2008-37 amdt
1.509
def Land Act om
A2007-25 amdt 1.201
def lease
am A2007-25 amdt 1.202
def
manager ins A2008-45 s
52
def mortgagee's
representative om A2005-20 amdt
3.455
def public place
ins A2008-9 s 9
def
reviewable decision sub A2008-37 amdt
1.510
def schedule of unit
entitlement sub A2005-20 amdt
3.456
def secretary
ins A2008-45 s 52
def
service contract ins A2008-45 s
52
def service contractor
ins A2008-45 s 52
def
sinking fund expenditure ins A2008-45 s
52
def sinking fund plan
ins A2008-45 s 52
def
termination sub A2007-25 amdt
1.203
def treasurer
ins A2008-45 s 52
def
unit owners' representative om A2005-20 amdt
3.457
def units plan
sub A2005-20 amdt 3.458
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No |
Amendments to |
Republication date |
|---|---|---|
|
1* |
Act 2001 No 58 |
5 October 2001 |
|
1 (RI) |
Act 2001 No 58 ‡ |
27 September 2002 |
|
2* |
Act 2001 No 58 |
10 March 2002 |
|
2 (RI) |
Act 2001 No 58 ‡ |
27 September 2002 |
|
3 |
Act 2002 No 30 |
27 September 2002 |
|
4 |
A2002-56 |
7 April 2003 |
|
5 |
A2002-56 |
1 July 2003 |
|
6 |
A2005-25 |
12 May 2005 |
|
7 |
A2005-25 |
2 June 2005 |
|
8* |
A2005-37 |
14 September 2005 |
|
9 |
A2006-42 |
16 November 2006 |
|
10 |
A2007-25 |
31 March 2008 |
|
11 |
A2008-9 |
18 April 2008 |
|
12 |
A2008-45 |
2 February 2009 |
|
13 |
A2008-45 |
31 March 2009 |
|
14 |
A2008-45 |
1 July 2009 |
|
15 |
A2008-45 |
10 September 2009 |
|
‡ includes retrospective amendment by Act 2002 No 30 |
||
© Australian Capital Territory
2009