Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) An owners corporation is responsible for the enforcement of its articles and the control, management and administration of the common property.
(2) The owners corporation must comply with all laws in force in the ACT.
(3) An owners corporation must maintain the following:
(a) for a staged development—the common property included in a completed stage of the development;
(b) for a development that is not a staged development—the common property;
(c) all other property that it holds;
(d) the defined parts of any building containing class A units (whether or not the defined parts are common property);
Note This does not include painting, unless the painting is required because of other maintenance (see s (4)).
(e) all facilities associated with the provision of the utility services mentioned in section 35 (Easements given by this Act), including utility conduits;
(f) any building on the common property that encroaches on a unit if the building is the subject of an easement declared under section 36 (Easements declared by owners corporations);
(g) as authorised by a special resolution (if any)—all buildings on all class B units on the units plan.
Example for par (g)
A special resolution authorising the corporation to paint all buildings on the class B units and to carry out roofing and structural repairs to all class B units, but excluding responsibility for internal painting and minor repairs of class B units.
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).
(4) An owners corporation's responsibility (under subsection (3) (d)) to maintain the defined parts of a building containing class A units does not require the corporation to carry out any painting of a unit except as a consequence of other maintenance being carried out because of that responsibility.
(5) Subsection (3) (e) only authorises the owners corporation to carry out maintenance associated with the provision of utility services if the provision of services potentially benefits all units.
(6) An owners corporation may, by special resolution, exempt itself from any (or all) maintenance requirements under subsection (3) if the exemption is not reasonably likely to affect adversely (to a significant extent)—
(a) the appearance of the common property; or
(b) the safety of occupiers of the units or of the public.
(7) If the lease of a unit or the common property is subject to a building and development provision, subsection (3) does not apply to the owners corporation until the planning and land authority issues a certificate under the Planning and Development Act 2007 , section 296 (Certificates of compliance)—
(a) for the building and development provision; and
(b) for any building and development provision to which any of the other leases are subject.
(8) In this section:
"defined parts", of a building containing class A units, means—
(a) the following structures in the building, if load-bearing:
(i) walls;
(ii) columns;
(iii) footings;
(iv) slabs;
(v) beams; or
(b) any part of a balcony on the building.