4 (1) In this Act, except in Part III, “unit” means a part of the relevant parcel shown on the units plan as a unit.
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—
11 (1) The lessee under a lease of a parcel of land granted under, or continued in force by, the Land Act or under a lease of a parcel of land referred to in subsection 98 (1A) may apply to the Minister for approval of proposals for the subdivision of the parcel under this Act.
15 (1) Subject to subsection (3) where, in accordance with the proposals, a Class A unit or a unit subsidiary consisting of a building or part of a building is separated from common property, from a unit or from a unit subsidiary by a floor, wall or ceiling, the common boundary between them lies along the centre of that floor, wall or ceiling, as the case may be.
16 (1) The Minister shall not approve the proposals unless—
17 (1) Subject to this section, an approval under section 16 shall, in the case of proposals referred to in paragraph 12 (1) (c), be expressed to be subject to the condition that the erection or alteration of, or addition to, the building will be completed in accordance with those proposals within such time as is specified by the Minister in the approval or within such extended time as the Minister from time to time allows.
18 (1) Where the Minister has approved the proposals, he or she shall cause to be forwarded to the lessee of the parcel—
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—
22 (1) Where approval, not being a conditional approval, of the proposals has been granted or, a conditional approval having been granted, final approval of the proposals has been granted under section 21, the lessee of the parcel may submit to the Minister for endorsement under this section—
23 (1) An endorsement made under section 22 ceases to have effect—
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.
26 (1) The corporation shall hold the common property in trust for the persons who are for the time being the members of the corporation as tenants in common in undivided shares proportional to the unit entitlements of their respective units, and shall afford those persons opportunity for the reasonable use and enjoyment of the common property.
27 (1) In this section—“proprietor”, in relation to the common property, means the corporation; “tenement” means a unit or the common property, as the case may be.
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.
34 (1) On and after the constitution of a corporation, there shall be a committee of the corporation which, subject to this Act, shall perform all the duties and functions, and may exercise all the powers, imposed or conferred on the corporation.
35 (1) A corporation shall perform the duties, may exercise the powers, and may perform the functions, imposed or conferred on it by this Act.
36 (1) Subject to this section, a corporation shall—
37 (1) A corporation shall open and maintain an account at a bank, credit union or building society into which it shall pay all moneys received by it and out of which shall be paid all expenditure incurred by it.
38 (1) A corporation shall, from time to time, determine the amount that it will require by way of contributions from its members to discharge expenditure that it may reasonably be expected to incur, or has incurred, by reason of the performance of the duties and functions and the exercise of the powers imposed or conferred on it by this Act.
39 (1) This section applies to the following persons:
40 A corporation shall comply with any reasonable request for the names and addresses of its committee-men.
41 (1) Except in the course of, and for the purpose of, exercising its powers and performing its functions and duties, a corporation shall not carry on business.
42 A corporation may, if authorised by a unanimous resolution—
43 (1) If a person who is bound by a provision of the articles of a corporation commits a breach of that provision by act or omission, the corporation may serve upon that person a notice in writing giving particulars of the breach and requiring him or her to remedy the breach within a reasonable time specified in the notice.
44 (1) A corporation may, if authorised by special 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.
46 (1) A corporation may, if authorised by a unanimous resolution, grant to a member, or any person who has derived an interest in a unit through a member, any special privilege (not being a sublease) in respect of the enjoyment of part or parts of the common property.
47 (1) Where a corporation has performed any act which 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, and which related to 1 unit only or some of the units only, any money expended by the corporation in performing that act is recoverable by the corporation as a debt from the proprietor or proprietors, for the time being, of that unit or those units, as the case may be.
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.
49 (1) Where 2 or more persons are proprietors of a unit and an amount is recoverable under section 38 or section 47 from the proprietor of that unit, the liability or those persons in respect of the payment of that amount is joint and several.
50 (1) Until the first annual general meeting, the committee consists of all the members of the corporation.
51 (1) After the first annual general meeting, the committee shall, subject to this section, consist of such number of members of the corporation as is determined at that meeting, being a number not less than 3 and not more than 7.
52 (1) Subject to subsection (2), the committee may meet for the conduct of business as and when it determines and may adjourn and otherwise regulate its meetings as it thinks fit.
53 (1) No business shall be transacted at a meeting of the committee unless a quorum is present at the relevant time.
54 (1) At the commencement of each meeting of the committee, the committee-men present shall elect a chairman for the meeting.
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.
56 (1) Subject to any restriction or direction that may be imposed or given by ordinary resolution passed at a general meeting, the committee may delegate to 1 or more of the committee-men either generally or otherwise as provided by the instrument of delegation, all or any of its duties, functions and powers, except this power of delegation.
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.
60 (1) A corporation shall hold a general meeting (which shall be called the annual general meeting and may be held in addition to any other general meeting held in the same year) at least once in every year and, except in the case of the first annual general meeting, not more than 15 months after the date of the last annual general meeting.
61 (1) The first annual general meeting shall be held within 6 months after the registration of the units plan.
63 (1) Subject to subsection (2), the time to be fixed for the holding of a general meeting shall be a time which will permit not less than 14 days notice of the time fixed for the meeting to be given.
64 (1) At the commencement of a general meeting, the members present shall elect a chairman for the meeting.
65 (1) No business shall be transacted at a general meeting unless a quorum is present.
66 (1) Subject to section 67, at a general meeting—
67 (1) Where the estate or interest of the proprietor of a unit is subject to a mortgage or mortgages, the mortgagee or, if there are 2 or more such mortgages, the mortgagee under whichever of those mortgages is entitled to priority over the other mortgage or other mortgages may give the corporation written notice that the unit is subject to the mortgage and that he or she proposes to exercise the rights conferred by this section.
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.
69 (1) Except where a unanimous resolution is required, a poll may be demanded by any person present and entitled to vote.
70 (1) Subject to sections 74 and 75, votes at a general meeting may be cast either personally or by proxy, whether on a poll or not.
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.
74 (1) Where notice has been given that it is proposed to move at a general meeting a matter requiring a unanimous resolution and more than 1 person is entitled to attend the meeting and vote on the resolution—
75 (1) Where 2 or more persons are entitled to exercise 1 vote jointly, that vote shall be exercised only by a person (who may or may not be 1 of them) jointly appointed by them as their proxy.
76 The right of a person to vote at a general meeting—
77 (1) Where for any reason it is impossible or impracticable to obtain the exercise by a person of his or her right to vote on a matter requiring a unanimous resolution or it is not known by what person a right to vote on such a matter is exercisable, the Court, on the application of the corporation or of any other person entitled to vote on the matter, may by order—
78 (1) On or after the constitution of a corporation under section 29, the articles of a corporation shall consist of—
79 (1) The corporation and each of the members of the corporation are bound by, and have the rights conferred by, the articles of the corporation to the same extent as if—
80 (1) A corporation may by special resolution alter its articles by amending, rescinding or adding to its articles or by making articles in the place of articles so rescinded.
81 (1) Part III of the Interpretation Act 1967 applies to and in relation to the articles of a corporation as if the articles were an Act and as if each article were a section of an Act.
PART VI--INSURANCE
82 (1) Subject to subsection (3) of this section, a corporation shall insure and keep insured all buildings and other improvements on the parcel for their replacement value from time to time against all the following risks:
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
92 (1) A corporation, a creditor of a corporation, a person having an estate or interest in a unit or the Minister may apply to the Court for the appointment as administrator of the corporation of a person who has consented to act in that capacity.
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.
95 (1) Subject to this section, the administrator of a corporation shall perform the duties, and may exercise the powers and perform the functions, of the corporation to the exclusion of the corporation and its committee.
96 (1) An administrator may, by writing under his or her hand, delegate to any person, either generally or otherwise as provided by the instrument of delegation, all or any of his or her duties, functions and powers, except this power of delegation.
PART VIII--CANCELLATION AND ALTERATION OF UNITS PLANS
97 (1) A corporation, the administrator of a corporation or all or any of the members of a corporation may apply to the Court for an order for the cancellation of the units plan.
98 (1) On the registration of an order for the cancellation of a units plan—
99 (1) On the dissolution of a corporation under section 98—
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.
105 (1) On the expiry of the terms of the leases of the units and the common property or, if the terms of the leases have been extended under section 108, on the expiry of the extended terms—
PART IX--MISCELLANEOUS
106 (1) A corporation shall cause to be continuously displayed in a conspicuous place on the parcel a notice showing the name of the corporation and the address shown on the units plan for service of documents.
109 (1) Where the Registrar, under section 18 of the Land Titles (Unit Titles) Act 1970, enters on a units plan a memorial of the determination of the lease of a unit—
110 (1) Where, after the determination of the lease of a unit, a person becomes entitled under the Land Act to the grant of a lease of the unit, the Minister shall cause to be lodged with the Registrar written notice of that fact and shall cause to be given to the relevant corporation written notice of that fact and of that lodgment.
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—
113 (1) Where a corporation fails to carry out a requirement or perform a duty imposed on it by this Act, a proprietor or mortgagee of a unit may apply to the Court for an order requiring the corporation or the committee to carry out the requirement or perform the duty, as the case may be.
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.
