Australian Capital Territory Repealed Acts

This legislation has been repealed.

UNIT TITLES ACT 1970

TABLE OF PROVISIONS

           Table of Amendments
           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Unit Titles Act 1970.1  
   2.      This Act shall come into operation on a date to be fixed by the Minister by notice published in the Gazette.  
   3.      This Act is divided into Parts, as follows:  

   PART II--INTERPRETATION DEFINITION OF “UNIT” AND “UNIT SUBSIDIARY”

   5.      In this Act, unless the contrary intention appears—“administrator” means an administrator appointed under section 92 of this Act; “building”, in relation to proposals for subdivision, includes a building proposed to be erected; “Class A unit” means a unit described in subparagraph (i) of paragraph (a) of section 10 of this Act, and does not include a unit subsidiary; “Class B unit” means a unit described in subparagraph (ii) of paragraph (a) of section 10 of this Act, and does not include a unit subsidiary; “committee” means the committee of a corporation constituted by section 34; “committee-man” means a member of a committee; “common property” means so much of a parcel as is not within a unit; “corporation” means a corporation constituted by section 29; “determined fee” means a fee determined by the Minister under section 116 for the purposes of the provision in which the expression occurs; “general meeting” means a general meeting of a corporation; “improvements” includes fittings and fixtures; “Land Act” means the Land (Planning and Environment) Act 1991; “lease” means—  
   6.      In this Act, unless the contrary intention appears, a reference to a proprietor, mortgagee or lessee shall be read as including—  
   7.      In this Act, a reference to—  
   8.      In this Act, a reference to a special resolution shall be read as—  

   PART III--PROPOSALS FOR SUBDIVISION UNITS AND UNIT SUBSIDIARIES

   10.     In this Part—  
   19.     The rent to be reserved under the lease of the common property is 5 cents per annum payable if and when demanded.  
   20.     The rent to be reserved under the lease of a unit (including any unit subsidiary appurtenant to the unit), in the case of a subdivision the proposals for which were approved by the Minister, whether conditionally or otherwise, before the date of commencement of the Unit Titles Act 1975, is 5 cents per annum payable if and when demanded.  
   21.     Where a conditional approval has been granted, the Minister shall, on an application made for the purpose by the lessee of the parcel, give his or her final approval to the proposals if—  

   PART IV--EFFECT OF REGISTRATION OF UNITS PLANS

   24.     On and after the registration of the units plan, the parcel is subdivided in the manner specified in the diagrams in the units plan and the boundaries of the units, of the unit subsidiaries (if any) and of the common property shall be ascertained in accordance with those diagrams and with sections 14 and 15 as if a reference in those sections to proposals were a reference to the units plan.  
   28.     On and after the registration of the units plan, an alteration of the schedule of unit entitlement is not capable of being registered unless it is made in pursuance of an order of the Court under Part VIII or pursuant to an approval under Part VI of the Land Act.  

   PART V--MANAGEMENT CORPORATIONS

   29.     On and after the registration of a units plan, there is constituted a body corporate under the name “The Proprietors—Units Plan No. ”, the number to be included in the name being the number allotted to the units plan by the Registrar on its registration.  
   30.     The members of the corporation so constituted are the persons who are proprietors, for the time being, of the units.  
   31.     A body corporate which is the proprietor of a unit may from time to time appoint a person to represent it for the purposes of the provisions of Divisions 3, 4 and 5 of this Part (other than sections 63, 73, 74 and 75) and, in that event those provisions apply as if that person were the proprietor of that unit.  
   32.     A corporation—  
   40.     A corporation shall comply with any reasonable request for the names and addresses of its committee-men.  
   42.     A corporation may, if authorised by a unanimous resolution—  
   45.     A corporation may, if authorised by a special resolution, enter into and carry out an agreement with a proprietor or occupier of a unit providing for the repair or maintenance of the unit or for the provision of amenities or services by it to that unit or to that proprietor or occupier.  
   48.     Where a corporation has incurred any expenditure or performed any repairs, work or act that it was required or authorised by its articles or by or under this Act or any other law in force in the Territory to perform, the expenditure, repairs, work or act having been rendered necessary by reason of any wilful or negligent act or omission on the part of, or breach of any provision of its articles by, a member of the corporation, the amount of that expenditure or any money expended by it in performing the repairs, work or act is recoverable by it from the member as a debt.  
   55.     (1) At meetings of the committee, all matters shall be decided by a majority of the votes of the committee-men present and voting.  
   57.     Subject to any restriction or direction that may be imposed or given by special resolution, the committee may, for and on behalf of the corporation, employ, on such terms and conditions as it thinks fit, agents and servants in connection with the performance of the duties and functions and the exercise of the powers of the corporation.  
   59.     No act done in good faith by the committee is invalidated merely by reason of the fact that at the relevant time there was some defect in the appointment or continuance in office of a committee-man.  
   68.     Where a unanimous resolution is not required, then, unless a poll is demanded under section 69, a declaration by the chairman of the meeting that a resolution has been carried is conclusive evidence of the fact without proof of the number or proportion of votes recorded against or in favour of that resolution.  
   71.     Except where a unanimous or special resolution is required, every vote is of equal value unless a poll is demanded and held, and in that event the value of each vote corresponds to the unit entitlement of the unit in respect of which it is exercised.  
   72.     (1) The chairman of a general meeting is not prevented from exercising his or her deliberative vote as a member and, in the case of an equality of votes on an ordinary resolution, whether on a poll or not, is entitled to a second or casting vote.  
   73.     Except where a unanimous resolution is required, the right to vote in respect of a unit is not exercisable unless all amounts due and payable in respect of that unit to the corporation by the member or members liable to pay those amounts have been paid.  
   76.     The right of a person to vote at a general meeting—  

   PART VI--INSURANCE INSURANCE BY CORPORATION

   83.     For all purposes connected with any insurance effected by it under subsection 82 (1), a corporation shall be deemed to have an insurable interest in the buildings and improvements on the parcel to the extent of their replacement value.  
   84.     The moneys received by a corporation under a policy of insurance effected by it under subsection 82 (1) in respect of any buildings or other improvements on the parcel shall not be liable to be brought into contribution with moneys received under any other policy of insurance except another policy effected under that subsection in respect of the same buildings or improvements.  
   85.     A corporation shall, on the written request of a member or the mortgagee of a unit, produce for inspection by the member or mortgagee the policy or policies of insurance effected by the corporation and the receipt or receipts for premiums paid under those policies.  
   86.     Where the estate or interest of the proprietor of a unit is subject to a mortgage or mortgages, the proprietor may effect 1 or more policies of insurance that indemnify him or her against liability under the mortgage or mortgages, being liability arising out of damage to, or destruction of, the unit.  
   87.     Where a policy of insurance is in force under section 86, the insurer is liable to pay to the mortgagee whose interest is noted on the policy or, if there are 2 or more such mortgagees, to those mortgagees in their order of registered priority—  
   88.     Payment by the insurer to a mortgagee under section 87 does not entitle the mortgagor to a discharge of the mortgage, but, upon that payment—  
   89.     The moneys received under a policy of insurance effected in relation to a unit by the proprietor of that unit under section 86 shall not be brought into contribution with moneys received under any other policy of insurance except another policy effected under that section which indemnifies that person against liability arising out of damage to, or destruction of, that unit.  
   90.     Nothing in this Part shall be construed as limiting the right of a proprietor of a unit to ensure against damage to, or destruction of, the unit to the extent of its replacement value.  
   91.     Subject to this Act and to any order of the Court, where a corporation receives insurance moneys in respect of damage to, or destruction of, any building or improvement on the parcel, it shall, without delay, apply those moneys to rebuilding and reinstating the building or improvement.  

   PART VII--ADMINISTRATORS APPOINTMENT OF ADMINISTRATOR

   93.     On an application made by the administrator, the corporation or a person referred to in subsection 92 (1), the Court may, in its discretion, by order remove or replace the administrator.  
   94.     In an order under section 92 or 93 the Court shall give such directions as it thinks fit with respect to the giving of notice of the order to the Registrar and to the corporation.  

   PART VIII--CANCELLATION AND ALTERATION OF UNITS PLANS

   101.    The Court, if satisfied, on an application made for the purpose, that the provisions of a scheme approved by it providing for the elimination of a unit (other than the provisions for the alteration of the units plan) have been carried out and that the directions (if any) given in the order approving the scheme have been complied with, shall make an order directing such alteration of the units plan as was approved by it.  
   102.    On the registration of an order for the alteration of a units plan, the units plan shall be deemed to be altered in the manner directed by the order of the Court and—  
   103.    Each of the following persons has the right to appear and to be heard in support of, or in opposition to, an application made under section 97 or 100 of this Act:  
   104.    The Court shall, in a final order under section 97, or in an order under section 101, give such directions as it thinks fit with respect to the taking out of the order and the lodging of a copy of the order with the Registrar.  

   PART IX--MISCELLANEOUS FACILITIES FOR SERVICE OF DOCUMENTS

   107.    A document may be served on a corporation—  
   111.    On the entry on the units plan of memorials under section 19 of the Land Titles (Unit Titles) Act 1970, the schedule of unit entitlement has the same effect as it had immediately before the entry was made on that schedule under section 18 of that Act.  
   112.    A document bearing the seal of the corporation and stating that—  
   114.    The Court is invested with jurisdiction in all applications made to it under this Act.  
   116.    The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.  
   117.    The Executive may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted to be prescribed by this Act or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.  
           ENDNOTES