Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if a unit is owned by 2 or more people (whether as joint owners or tenants in common).
(2) Anything that the owners of the unit may do, or are required to do, under this Act may be done by the unit owners' representative acting as the agent for the owners.
(3) Any document (including a notice) that this Act requires the owners corporation or someone else to give to the unit owners may be given to the representative alone on their behalf under section 80 (Service of documents on members, interested people and occupiers).
Example
The owners corporation may give a notice of general meeting to the representative on behalf of the unit owners to comply with section 97 (1) (a) (which requires notices to be given to each member of the owners corporation).
(4) If a document is given to the unit owners by being given to the representative on their behalf, the representative must tell the other unit owners that the document has been given to the representative and (if asked) give them a copy of the document.
(5) Subsection (4) may be enforced in the same way as an article of the owners corporation (see section 127 (Effect of articles)).
Example for s (4) and s (5)
It is a breach of subsection (4) if the representative for a unit does not tell a part-owner of the unit about a notice of general funds contributions (under s 60 (5)) given to the representative on the unit owners' behalf.
In this situation, the part-owner may rely on subsection (5) to enforce subsection (4) against the representative for the unit. The relevant enforcement action is the same as for a breach of the owners corporation articles—a civil action for breach of an agreement under seal (see s 127).
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).