{"id":"a-2011-41","name":"Unit Titles (Management) Act 2011","slug":"unit-titles-management-act-2011","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"41 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24541,"registerId":"act-a-2011-41-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"2 Executive committee—meetings and procedures 125","content":"Part 2.2 Executive committee—meetings and procedures 125\n2.8 Meetings of executive committee 125\n2.9 Quorum of executive committee 125\n2.10 Voting of executive committee 126\n2.11 Chairperson—meetings 126\n","sortOrder":0},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"General meetings 127","content":"Schedule 3 General meetings 127\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"1 General meetings 127","content":"Part 3.1 General meetings 127\n3.1 Conduct of general meetings 127\n3.2 Annual general meetings 127\n3.3 First annual general meeting 128\n3.4 First annual general meeting—developer to deliver records 128\n3.5 General meetings other than annual general meetings 129\n3.6 Notice of general meetings 129\n3.7 Requirements for notice of general meetings 130\n3.8 Defective notice of meetings 131\n3.9 Quorum at a general meeting—owners corporation with 3 or more\nmembers 132\n3.10 Notice of reduced quorum decisions and adjournments 133\n3.11 Reduced quorum decisions—effect 134\n3.12 Quorum at a general meeting—owners corporation with 2 members 134\n3.13 Chairperson at a general meeting 135\nPart 3.2 Resolutions at general meetings 136\n3.14 Decision-making at general meetings 136\n3.15 Ordinary resolutions 136\n3.16 Special resolutions 137\n3.17 Unopposed resolutions 138\n3.18 Unanimous resolutions 139\n3.19 Evidence of resolutions of owners corporation 140\nPart 3.3 Voting at general meetings 141\n3.20 Who is entitled to vote? 141\n\nPage\ncontents 10 Unit Titles (Management) Act 2011\n3.21 General meeting—decisions about staged development 141\n3.21A General meeting—decisions about defective building work 142\n3.22 One vote—1 unit 142\n3.23 Voting by mortgagees 143\n3.24 Mortgagee voting notice—amendment and revocation 143\n3.25 Evidence of mortgagee’s entitlement to vote 144\n3.26 Proxy votes 145\n3.27 Proxy votes—limit on developer 145\n3.28 Value of votes 146\n3.29 Polls 146\n3.30 Voting by chairperson 147\n3.31 Absentee votes 147\n3.31A Alternative voting mechanism 148\n3.32 People under 18 or under other legal disabilities 148\n3.33 Declaration by chairperson of result of voting 148\nDictionary 150\n1 About the endnotes 159\n2 Abbreviation key 159\n3 Legislation history 160\n4 Amendment history 163\n5 Earlier republications 180\n6 Expired transitional or validating provisions 182\n\nAn Act to provide for the management of units plans, and for other purposes\n\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Unit Titles (Management) Act 2011.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘class A unit—see the Unit Titles\nAct 2001, section 10.’ means that the term ‘class A unit’ is defined in that\nAct, section 10 and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\nThe objects of this Act are to—\n(a) make it clear who is responsible for managing units plans; and\n(b) help people who manage, or help in the management of units\nplans, understand and exercise their functions; and\n(c) assist in the resolution of disputes in relation to the management\nof units plans; and\n(d) make the law about the management of units plans easier to use\ngenerally.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Owners corporation","content":"7 Owners corporation\nThe owners corporation for a units plan is responsible for managing\nthe units plan.\nNote An owners corporation may be helped by 1 or more of the following:\n(a) the executive committee of the owners corporation;\n(b) a manager engaged under s 50;\n(c) a service contractor engaged under s 60.\n","sortOrder":8},{"sectionNumber":"Div 2","sectionType":"division","heading":"2 Owners corporation—general","content":"Division 2.2 Owners corporation—general\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Owners corporation—establishment","content":"8 Owners corporation—establishment\n(1) On the registration of a units plan, an owners corporation for the units\nplan is established under the name ‘The Owners—Units Plan No X ’.\n(2) To remove any doubt, an owners corporation continued in existence\nunder this Act is established under this section.\nNote 1 An owners corporation in existence under the Unit Titles Act 2001\nimmediately before the commencement of s 150 (expired) is continued in\nexistence as an owners corporation under that section.\nNote 2 Establish includes constitute and continue in existence (see Legislation\nAct, dict, pt 1, def establish).\nX means the number given to the units plan by the registrar-general\non its registration.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Owners corporation—legal status","content":"9 Owners corporation—legal status\n(1) An owners corporation is a corporation.\n\n(2) An owners corporation—\n(a) has perpetual succession; and\n(b) may have a common seal; and\n(c) may sue and be sued in its corporate name.\n","sortOrder":11},{"sectionNumber":"9A","sectionType":"section","heading":"Execution of documents by owners corporation","content":"9A Execution of documents by owners corporation\nAn owners corporation must execute a document in 1 of the following\nways:\n(a) if the owners corporation has a common seal—by attaching the\nseal to the document—\n(i) as authorised by a resolution of the owners corporation;\nand\n(ii) with 2 executive members witnessing the attaching and\nsigning the document as witnesses;\n(b) without using a common seal—\n(i) by 2 executive members, as authorised by a resolution of\nthe owners corporation, signing the document; or\n(ii) if a manager for the owners corporation is delegated this\nfunction—by the manager, as authorised by a resolution of\nthe owners corporation, signing the document.\nDivision 2.3 Owners corporation—membership\nand representatives\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Members of owners corporation","content":"10 Members of owners corporation\n(1) The members of an owners corporation for a units plan are the owners\nof the units.\n(2) If a unit is owned by 2 or more part-owners, each part-owner is a\nmember of the owners corporation.\n\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Part-owners of units—authorisation of representatives","content":"11 Part-owners of units—authorisation of representatives\n(1) This section applies if a unit is owned by 2 or more part-owners.\n(2) The part-owners of the unit must, by written notice to the owners\ncorporation, authorise an individual to represent them as their agent\n(the part-owners’ representative) for this Act.\n(3) The part-owners’ representative must be one of the owners.\nNote If a company is a part-owner of the unit, the company’s own\nrepresentative may also be authorised as the part-owners’ representative\n(see s 14 (Company-owned units—functions of representatives)).\n(4) The notice of authorisation must—\n(a) be given to the owners corporation within 14 days after the\nlodgment for registration of the instrument under which the unit\nfirst becomes owned by the part-owners; and\n(b) include the full name and an address for correspondence of the\nrepresentative; and\n(c) be signed by each part-owner of the unit.\n(5) The part-owners of the unit may change their representative by\nwritten notice to the owners corporation.\n(6) The notice of change of authorisation must—\n(b) be signed by each part-owner of the unit.\n(7) The part-owners’ representative may change the address for\ncorrespondence of the representative by written notice to the owners\n(8) The notice of change of address must be signed by the representative.\n(9) This section may be enforced in the same way as a rule of the owners\ncorporation (see section 107 (Effect of rules)).\n\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Part-owners of units—functions of representatives","content":"12 Part-owners of units—functions of representatives\n(1) This section applies if a unit is owned by 2 or more part-owners.\n(2) Anything that an owner of the unit may do, or is required to do, under\nthis Act may be done by the part-owners’ representative acting as the\nagent for the part-owners.\n(3) Any document, including a notice, that this Act requires the owners\ncorporation or someone else to give to the part-owners may be given\nto the representative alone on their behalf under section 124 (Service\nof documents on members, interested people and occupiers).\nNote The owners corporation must give notice of a general meeting to the part-\nowners’ representative on behalf of the part-owners to comply with sch 3,\ns 3.6 (1) (a) (which requires notices to be given to each member of the\nowners corporation).\n(4) If a document is given to the part-owners by being given to the\nrepresentative on their behalf, the representative must tell the other\npart-owners that the document has been given to the representative\nand (if asked) give them a copy of the document.\n(5) Subsection (4) may be enforced in the same way as a rule of the\nowners corporation (see section 107 (Effect of rules)).\nExample—s (4) and s (5)\nIn breach of s (4), a part-owners’ representative for a unit does not tell a part-owner\nof the unit about a notice of a determination of general fund contribution (under\ns 78 (1)) given to the representative on the unit owners’ behalf.\nThe part-owner may rely on s (5) to enforce s (4) against the representative for the\nunit. The relevant enforcement action is the same as for a breach of the owners\ncorporation rules—a civil action for breach of an agreement under seal (see s 107).\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Company-owned units—authorisation of representatives","content":"13 Company-owned units—authorisation of representatives\n(1) This section applies if a company is the owner of a unit.\nNote Owner includes a part-owner (see dict).\n\n(2) The company must, by written notice to the owners corporation,\nauthorise an individual to represent it as its agent (the company’s\nrepresentative) for this Act.\n(3) The company’s representative must be an officer or employee of the\ncompany.\n(4) The notice of authorisation must—\n(a) be given to the owners corporation within 14 days after the\nlodgment for registration of the instrument under which the\ncompany becomes an owner of the unit; and\n(b) include the full name and an address for correspondence of the\nrepresentative; and\n(c) be signed on behalf of the company.\n(5) The company may change its representative by written notice to the\n(6) The notice of change of authorisation must—\n(b) be signed on behalf of the company.\n(7) The company’s representative may change the address for\ncorrespondence of the representative by written notice to the owners\n(8) The notice of change of address must be signed by the representative.\n(9) This section may be enforced in the same way as a rule of the owners\ncorporation (see section 107 (Effect of rules)).\n\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Company-owned units—functions of representatives","content":"14 Company-owned units—functions of representatives\n(1) This section applies if a company is the owner of a unit.\n(2) Anything that the company may do, or is required to do, under this\nAct may be done by the company’s representative acting as the agent\nfor the company.\n(3) Any document, including a notice, that this Act requires the owners\ncorporation or someone else to give to the company may be given to\nthe representative on its behalf under section 124 (Service of\ndocuments on members, interested people and occupiers).\nNote The owners corporation must give notice of a general meeting to the\ncompany’s representative on behalf of the company to comply with sch 3,\ns 3.6 (1) (a) (which requires notices to be given to each member of the\nowners corporation).\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Evidence of representative status","content":"15 Evidence of representative status\nEvidence of any of the following facts about a part-owners’\nrepresentative or a company’s representative may be given by a\ncertificate executed by the executive committee:\n(a) the fact that the authorisation of a named representative was in\nforce on a stated date;\n(b) the fact that a stated address for correspondence for a\nrepresentative was the latest address for correspondence for the\nrepresentative notified to the corporation on a stated date.\n\nPart 3 Functions of owners\ncorporations\n","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Owners corporation—functions","content":"16 Owners corporation—functions\n(1) An owners corporation for a units plan has the following functions:\n(a) the enforcement of its rules;\n(b) the control, management and administration of the common\nproperty;\n(c) any other function given to the corporation under this Act or\nanother territory law.\nNote 1 The executive committee of an owners corporation exercises the\nfunctions of the corporation (see s 35 (1)). The executive committee must\nexercise its functions in accordance with any decision made by the\nowners corporation at a general meeting (see s 35 (3)).\nNote 2 A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n(2) The owners corporation must comply with all applicable laws in force\nin the Territory.\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Owners corporation—general meetings","content":"17 Owners corporation—general meetings\nSchedule 3 applies to general meetings of an owners corporation for\na units plan.\n\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Common property","content":"19 Common property\n(1) An owners corporation for a units plan holds the common property as\nagent for—\n(a) if all the units are owned by the same person—the owner; or\n(b) in any other case—the unit owners as tenants in common in\nshares proportional to their unit entitlement.\nNote The owners corporation may, by ordinary resolution, decide to hold\nsustainability infrastructure installed on common property as trustee for\nthe unit owners (see s 23 (3)).\n(2) The owners corporation must give all members of the corporation\nopportunity for the reasonable use and enjoyment of the common\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Dealings with common property","content":"20 Dealings with common property\n(1) An owners corporation for a units plan may, if authorised by a special\nresolution, on conditions and for purposes stated in the resolution—\n(a) grant or vary an easement over any part of the common property;\nor\n(b) take or vary an easement granted for the benefit of the common\nproperty; or\n(c) release an easement granted for the benefit of the common\nNote The owners corporation may, by ordinary resolution, grant an easement\nor any other right over the common property for the purpose of the\ninstallation, operation or maintenance of sustainability or utility\ninfrastructure (see s 23 (1) (c)).\n(2) The owners corporation may not transfer, sublet or mortgage, at law\nor in equity, its interest in the common property.\n\n(3) However, the owners corporation may sublet its interest in any part\nof the common property to an entity for not longer than 5 years—\n(a) for the purpose of a business or other activity; and\ncoffee cart, florist, parcel locker service\n(b) if—\n(i) authorised by a special resolution; and\n(ii) the affected part of the common property is not the subject\nof a grant of special privilege under section 22; and\n(iii) the business or other activity carried out under the sublease\ndoes not unreasonably interfere with the reasonable use or\nenjoyment of any part of a unit or the common property;\nand\nExamples—unreasonable interference\n• restricting access to a unit\n• obstructing views from a unit balcony\n(c) subject to a condition stating that the entity must take out and\nmaintain public liability insurance for the affected part of the\ncommon property in relation to each of the following events\nhappening:\n(i) death, bodily injury or illness to anyone;\n(ii) loss of, or damage to, the property of anyone.\n(4) Public liability insurance under subsection (3) (c) must be for a total\namount of liability of at least the amount agreed, in writing, by the\nowners corporation and the entity.\n(5) For section 71, an owners corporation is not carrying on business if\nthe corporation receives income from subletting any part of the\ncommon property under subsection (3).\n\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Dealings in property generally","content":"21 Dealings in property generally\n(1) An owners corporation for a units plan may, if authorised by an\nordinary resolution—\n(a) hold property for a use in accordance with its functions; or\n(b) dispose of that property.\n(2) However, the only interests in land that an owners corporation may\nhold, at law or in equity, are as follows:\n(a) the lease of the common property;\n(b) an easement granted for the benefit of the common property;\n(c) a registered charge under section 96 securing an amount payable\nto the corporation;\n(d) an interest in the common property of a community title scheme\nthat includes the land subdivided by the units plan.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Special privileges relating to common property","content":"22 Special privileges relating to common property\n(1) An owners corporation for a units plan may, if authorised by a special\nresolution, grant a special privilege for a period of less than 3 months\nto—\n(a) a unit owner; or\n(b) someone else with an interest in a unit.\na right to the exclusive use of a pool area for a private party\nNote A special privilege that is granted for a period of 3 months or more must\nbe granted by a special privilege rule (see s 112A).\n(2) A grant under subsection (1) may be terminated, in accordance with\na special resolution, by written notice given by the owners\ncorporation to the person to whom the grant was made.\n\n(3) The owners corporation may only grant a special privilege under this\nsection—\n(a) with the consent of the grantee of the special privilege; and\n(b) subject to a condition that states that the maintenance\nrequirement is the responsibility of 1 of the following:\n(i) the owners corporation;\n(ii) the grantee.\n(4) A condition that states that the maintenance requirement is the\nresponsibility of the grantee—\n(a) must state the type and frequency of maintenance the grantee\nmust undertake; and\n(b) relieves the owners corporation of its obligations under\nsection 24 to the extent the rule places this obligation on the\ngrantee.\n(5) A grantee must not unreasonably withhold consent mentioned in\nsubsection (3) (a).\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Installation of sustainability and utility infrastructure on","content":"23 Installation of sustainability and utility infrastructure on\ncommon property\n(1) An owners corporation for a units plan may, if authorised by an\nordinary resolution—\n(a) approve the installation of sustainability or utility infrastructure\non the common property; and\n(b) approve the financing of the installation of the sustainability or\nutility infrastructure; and\n(c) grant an easement or any other right over any part of the\ncommon property for the purpose of the installation, operation\nor maintenance of the sustainability or utility infrastructure.\n\n(2) The owners corporation may only approve the installation, and\nfinancing, of sustainability or utility infrastructure under this section\nif satisfied, after considering the following, the long-term benefit of\nthe proposed infrastructure is greater than the cost of installing and\nmaintaining the infrastructure:\n(a) a site plan of the proposed infrastructure;\n(b) a maintenance plan for the proposed infrastructure;\n(c) if the proposed infrastructure is to be financed by a third party—\nthe terms of the financing arrangements;\n(d) the direct and indirect costs of the proposed infrastructure;\n(e) the long-term environmental sustainability benefits of the\nproposed infrastructure;\n(f) any other matter prescribed by regulation.\n(3) The owners corporation may, by ordinary resolution, decide to hold\nsustainability infrastructure (including existing sustainability\ninfrastructure) installed on common property and any income\nreceived from the operation of the infrastructure as trustee for—\n(a) if all the units are owned by the same person—the owner; or\n(b) in any other case—the unit owners as tenants in common in\nshares proportional to their unit entitlement.\nExample—income\nincome from an electricity feed-in tariff scheme\nNote If the owners corporation does not decide to hold sustainability\ninfrastructure as trustee for the unit owners, it holds the infrastructure as\nagent for the owners (see s 20 (1)).\n\n(4) For section 71, an owners corporation is not carrying on business if it\nreceives income from the operation of the sustainability infrastructure\nand the income is used only to pay—\n(a) costs, including financing costs, in relation to the installation\nand maintenance of the infrastructure; or\n(b) costs of utilities used by, or provided to, the owners corporation.\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Maintenance obligations","content":"24 Maintenance obligations\n(1) An owners corporation for a units plan must maintain the following:\n(a) for a staged development—the common property included in a\ncompleted stage of the development;\n(b) for a development that is not a staged development—the\ncommon property;\n(c) other property that it holds;\n(d) the defined parts of any building containing class A units\n(whether or not the defined parts are common property);\nNote This does not include painting, unless the painting is required\nbecause of other maintenance (see s 26 (1)).\n(e) if a utility service mentioned in the Unit Titles Act 2001,\nsection 35 (Easements given by this Act) is provided for the\npotential benefit of all units—facilities associated with the\nprovision of the utility services including utility conduits;\n(f) any building on the common property that encroaches on a unit\nif the building is the subject of an easement declared under the\nUnit Titles Act 2001, section 36 (Easements declared by owners\ncorporations);\n\n(g) as authorised by a special resolution (if any)—all buildings on\nall class B units on the units plan.\nExample—par (g)\na special resolution authorising the owners corporation to paint all buildings\non the class B units and to carry out roofing and structural repairs to all class\nB units, but excluding responsibility for internal painting and minor repairs\nof class B units\n(2) For meeting its obligations under subsection (1), the owners\ncorporation must prepare a maintenance plan taking into account the\ndeveloper’s maintenance schedule (if any).\n(3) The maintenance plan must contain the matters prescribed by\ndefined parts, of a building containing class A units, means—\n(a) the following structures in the building, if load-bearing:\n(i) walls;\n(ii) columns;\n(iii) footings;\n(iv) slabs;\n(v) beams; or\n(b) any part of a balcony on the building.\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Developer to prepare maintenance schedule","content":"25 Developer to prepare maintenance schedule\n(1) The developer of a units plan must prepare a schedule for\nmaintenance of the common property (the developer’s maintenance\nschedule).\nNote The developer must give the initial maintenance schedule to the owners\ncorporation at the first annual general meeting of the corporation (see\nsch 3, s 3.4).\n\n(2) The developer’s maintenance schedule must contain the matters\nprescribed by regulation.\n(3) The owners corporation is not required to comply with the\ndeveloper’s maintenance schedule in meeting its maintenance\nobligations for the common property under section 24.\n(4) In any legal proceeding—\n(a) the developer’s maintenance schedule may be considered for the\npurpose of determining whether or not a defect in, or damage to,\na building could have been avoided by taking stated action; but\n(b) the provision of the developer’s maintenance schedule to the\nowners corporation does not affect any obligations of the\ndeveloper in relation to structural defects, warranties or similar\nmatter in relation to the building.\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Other qualifications on owners corporation’s","content":"26 Other qualifications on owners corporation’s\nmaintenance obligations\n(1) An owners corporation’s obligation under section 24 (1) (d) to\nmaintain the defined parts of a building containing class A units does\nnot require the corporation to carry out any painting of a unit unless\nthe painting is necessary because of other maintenance being carried\nout by the owners corporation.\n(2) If the lease of a unit or the common property is subject to a building\nand development provision, section 24 (1) does not apply to the\nowners corporation until the territory planning authority issues a\ncertificate under the Planning Act 2023, section 368 (Certificates of\ncompliance)—\n(a) for the building and development provision; and\n(b) for any building and development provision to which any of the\nother leases are subject.\n\ndefined parts, of a building containing class A units—see\nsection 24 (4).\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Structural defects—owners corporation may represent","content":"27 Structural defects—owners corporation may represent\nmembers\n(1) This section applies if a building, or the site of a building, that is part\nof the units or common property of a units plan, has a structural defect\nthat affects, or is likely to affect, the support or shelter provided by\nthat part of the building or site to another part of the building or site.\n(2) The owners corporation for the units plan may, by ordinary\nresolution, take legal action for the rectification of the structural\ndefects if—\n(a) the legal action could be taken by a member of the corporation;\nand\n(b) the member does not take the legal action within a reasonable\ntime after the defect becomes known.\n(3) If the owners corporation takes legal action under this section—\n(a) the corporation and not the member who could have taken the\naction is liable for the costs incurred by the corporation in taking\nthe legal action; and\n(b) the corporation and not the member may take the benefit of any\norder for costs in the corporation’s favour in the legal action.\n(4) For this section, the owners corporation takes legal action if the\ncorporation—\n(b) continues a proceeding.\n\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Owners corporation—entry to units","content":"28 Owners corporation—entry to units\n(1) An owners corporation for a units plan does not have a right to enter\na unit in the units plan without the consent of the owner or occupier,\nexcept in accordance with this section.\n(2) The owners corporation may enter the unit without notice to the\nowner or occupier of the unit if the access is required in an\nemergency.\nExamples—emergencies\n1 water is flowing from 1 unit into another unit and is causing damage\n2 an external glass window in the unit is dislodged and is likely to fall\n(3) If entry to the unit is required to inspect or maintain the common\nproperty of the units plan, a person may enter the unit on behalf of the\nowners corporation if—\n(a) the executive committee authorises the entry, and the person to\nenter, by resolution; and\n(b) the executive committee gives the owner or occupier written\nnotice that the entry must be allowed on a stated day.\n(4) A notice under subsection (3) (b) must be given to the owner or\noccupier not less than 7 days before the entry it relates to.\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Work on behalf of particular unit owners or occupiers","content":"29 Work on behalf of particular unit owners or occupiers\nAn owners corporation for a units plan may, if authorised by an\nordinary resolution, enter into and carry out an agreement with an\nowner or occupier of a unit for—\n(a) the maintenance of the unit; or\n(b) the provision of facilities or services for the unit (or its owner or\noccupier).\n\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Recovery of costs—agreements under s 29","content":"30 Recovery of costs—agreements under s 29\n(1) This section applies to an agreement for the maintenance of a unit, or\nthe provision of facilities or services for a unit (or its owner or\noccupier), if—\n(a) the agreement is authorised under section 29; and\n(b) the owners corporation is not responsible for the maintenance,\nfacilities or services under section 24.\n(2) The owners corporation may recover the cost of carrying out the\nagreement as a debt from the person with whom the agreement was\nentered.\n(3) If the agreement applies to a number of units, the amount recoverable\nfor each unit is (unless the people with whom the agreement was\nentered agree in writing otherwise) as follows:\n(4) In subsection (3):\ntotal cost means the total cost of carrying out the agreement.\ntotal unit entitlement of relevant units means the total unit\nentitlement of all units that the agreement applies to.\nNote Unit entitlement—see the Unit Titles Act 2001, s 8.\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Recovery of expenditure resulting from member or unit","content":"31 Recovery of expenditure resulting from member or unit\noccupier’s fault\n(1) This section applies if an owners corporation for a units plan has in\ncarrying out its functions incurred an expense, or carried out work,\nthat is necessary because of—\n(a) a wilful or negligent act or omission of a member of the\ncorporation, or an occupier of the member’s unit; orunitsrelevantoftentitlemenunittotal\nunittheoftentitlemenunit\ncosttotal=erecoverablamount \n\n(b) a breach of its rules by a member of the corporation, or an\noccupier of the member’s unit.\n(2) The amount spent or the cost of the work is recoverable by the owners\ncorporation from the member as a debt.\n(3) If the owners corporation recovers an amount under subsection (2)\nfrom a member for an act, omission or breach of an occupier of the\nmember’s unit, the member may recover the amount from the\noccupier as a debt.\nexpense, includes a reasonable legal expense reasonably incurred,\nincluding a legal expense relating to a proceeding in the ACAT.\nwork, carried out by an owners corporation, means maintenance or\nanything else the corporation is authorised under this Act to do.\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Unit owners etc keeping animals","content":"32 Unit owners etc keeping animals\n(1) A unit owner or occupier of a unit may keep an animal, or allow an\nanimal to be kept, within the unit or the common property—\n(a) if the animal is an assistance animal; or\n(b) if the animal is not an assistance animal, only if—\n(i) if the rules of the owners corporation include a pet friendly\nrule—the animal is kept in accordance with the pet friendly\nrule; or\n(ii) the owners corporation consents to the animal being kept.\nNote Other territory laws also apply to keeping animals—for example, Animal\nWelfare Act 1992, Biosecurity Act 2023, Nature Conservation Act 2014\nand Residential Tenancies Act 1997.\n(2) The owners corporation may give consent under this section with or\nwithout conditions.\n\nOther matters Division 3.4\n(3) The owners corporation—\n(a) must respond to any request for consent under this section and\nthe response must—\n(i) be in writing; and\n(ii) if the request is refused—give reasons for the refusal; and\n(iii) if the consent is given subject to conditions—state the\nconditions; and\n(b) may delegate its decision-making power under this section to the\nexecutive committee; and\n(c) is taken to consent to the request if the owners corporation does\nnot take action under paragraph (a) within 3 weeks of the day on\nwhich the request was made.\nNote The owners corporation may also delegate this power to the manager (see\ns 58 (1)).\n(4) The owners corporation may—\n(a) only withhold consent on reasonable grounds; and\n(b) impose reasonable conditions on the consent.\nExamples—par (a)\n1 unacceptable risk of damage or soiling of common property that cannot be\n2 unacceptable risk of nuisance to other unit owners or occupiers that cannot be\n3 unacceptable risk of the animal escaping the unit unsupervised that cannot be\n4 unacceptable risk to health or safety of other unit owners or occupiers or the\ngeneral public that cannot be addressed through reasonable conditions\n5 keeping the animal on the units plan would be contrary to a territory law\nExamples—par (b)\n1 requiring supervision of the animal when the animal is on the common\n\n2 requiring cleaning of any areas of the units plan that are soiled by the animal\n3 requiring the unit to be secured to prevent the escape of the animal\nanimal includes—\n(a) an amphibian; and\n(b) a bird; and\n(c) a fish; and\n(d) a mammal (other than a human being); and\n(e) a reptile.\noccupier includes a person who has entered into a residential tenancy\nagreement in relation to the unit even if—\n(a) the residential tenancy agreement has not yet started; or\n(b) the person has not yet taken possession of the unit; or\n(c) the person has not yet obtained any required consent from the\nlessor to keep an animal in the unit under the Residential\nTenancies Act 1997.\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Restriction on owners corporation during developer","content":"33 Restriction on owners corporation during developer\ncontrol period\nAn owners corporation for a units plan must not, during the developer\ncontrol period, do any of the following:\n(a) enter into a contract unless—\n(i) the contract is disclosed in each contract to sell a unit in the\nunits plan; and\n(ii) either—\n(A) the contract is for a period not longer than 2 years; or\n\nOther matters Division 3.4\n(B) the ACAT authorises the corporation entering into the\ncontract in accordance with section 33A;\nNote This section also applies to the engagement of a manager or service\ncontractor under div 4.2 or div 4.3.\n(b) other than with the approval of the ACAT under section 33A—\nchange the rules of the corporation;\n(c) approve the keeping of an animal in a unit unless the right to\nkeep an animal was reserved in each contract to sell a unit in the\nunits plan.\n","sortOrder":35},{"sectionNumber":"33A","sectionType":"section","heading":"Developer control period—ACAT authorisation of actions","content":"33A Developer control period—ACAT authorisation of actions\n(1) The owners corporation for a units plan (the applicant) may apply to\nthe ACAT for authority to do 1 or more of the following during the\ndeveloper control period:\n(a) enter into a contract that the corporation is otherwise prohibited\nfrom entering;\n(b) change the rules of the corporation.\n(2) The applicant must provide written notice of the application to—\n(a) each unit owner; and\n(b) if there is a mortgagee or other registered interest holder for a\nunit in the units plan—the mortgagee or registered interest\nholder.\n(3) The entities mentioned in subsection (2) are parties to the application.\n(4) The ACAT may authorise the owners corporation entering into a\ncontract mentioned in subsection (1) (a) if the ACAT is satisfied the\nterms of the contract are reasonable in all the circumstances.\n(5) The ACAT may authorise the owners corporation changing the rules\nof the corporation if the ACAT is satisfied that the change is fair in\nthe circumstances.\n\n(6) However, this section does not apply if the developer has not entered\ninto a contract for the sale of any of the units in the units plan.\n","sortOrder":36},{"sectionNumber":"33B","sectionType":"section","heading":"Consent to building management statements for existing","content":"33B Consent to building management statements for existing\nbuildings\n(1) An owners corporation for a units plan for an existing relevant\nbuilding may, if authorised by a special resolution, consent to an\napplication under the Land Titles Act 1925, section 123I (Territory\nplanning authority approval of building management statement) for—\n(a) approval of a building management statement; or\n(b) an amendment to a registered building management statement.\nrelevant building—see the Land Titles Act 1925, section 123C (1).\n\n","sortOrder":37},{"sectionNumber":"Part 4","sectionType":"part","heading":"People helping the owners","content":"Part 4 People helping the owners\ncorporation exercise its\nfunctions\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Executive committee—establishment","content":"34 Executive committee—establishment\nOn the establishment of an owners corporation, the executive\ncommittee of the corporation is established.\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Executive committee—functions","content":"35 Executive committee—functions\n(1) The executive committee of an owners corporation exercises the\nfunctions of the corporation.\n(2) Without limiting subsection (1), the executive committee’s functions\ninclude the following:\n(a) developing matters in relation to—\n(i) the common property; and\n(ii) the strategic affairs of the owners corporation;\n(b) submitting matters developed under paragraph (a) to the owners\ncorporation for consideration;\n(c) monitoring the owners corporation’s financial performance;\n(d) approving the annual financial statements and budget for\npresentation to the owners corporation at the corporation’s\nannual general meeting;\n(e) supervising the treasurer, secretary, manager (if any) and\ncommunications officer (if any);\n(f) carrying out the decisions of the owners corporation made at\ngeneral meetings.\n\n(3) The executive committee must exercise its functions—\n(a) as the corporation directs by resolution at a general meeting; or\n(b) in the absence of a resolution—as the committee considers\nappropriate.\nNote The resolution required under s (3) (a) is an ordinary resolution, unless\nthe Act provides that the resolution should be a special, unopposed or\nunanimous resolution—see sch 3, s 3.14 (Decision-making at general\nmeetings).\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Executive committee—what it must, may and cannot do","content":"36 Executive committee—what it must, may and cannot do\nThe executive committee must act in accordance with schedule 2,\npart 2.1.\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Executive committee—meetings","content":"37 Executive committee—meetings\nSchedule 2, part 2.2 applies to executive committee meetings.\n","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Executive committee—before the first annual general","content":"38 Executive committee—before the first annual general\nmeeting\n(1) Until the first annual general meeting of an owners corporation, the\nmembers of the executive committee are all the members of the\n(2) Until the first annual general meeting, the executive committee may\nexercise a function of the owners corporation only if authorised to do\nso by a special resolution.\n","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Executive committee—at and from the first annual","content":"39 Executive committee—at and from the first annual\ngeneral meeting\n(1) This section applies to the executive committee of an owners\ncorporation beginning at the corporation’s first annual general\nmeeting.\n\n(2) The number of members of the executive committee (the executive\nmembers) is decided as follows:\n(a) if there are only 1, 2 or 3 members of the owners corporation—\neach member of the owners corporation is an executive member;\n(b) if there are 4 or more members of the owners corporation—the\nmembers of the corporation must, at a general meeting, decide—\n(i) by ordinary resolution to have 3 to 7 executive members;\nor\n(ii) by special resolution to have 8 or more executive members.\n(3) If the number of members of the owners corporation is equal to or\nfalls below the number of executive members as decided by the\ncorporation, all the members of the corporation are executive\nmembers (even if not nominated or elected).\n(4) An executive member—\n(a) must be a qualified person for the units plan; and\n(b) is elected (if necessary) by ordinary resolution at each annual\ngeneral meeting; and\n(c) holds office until the earlier of—\n(i) the next annual general meeting; and\n(ii) the executive member ceasing to be a qualified person.\n(5) An executive member (the removed member) of an owners\ncorporation may be removed by the ordinary resolution that elects a\nqualified person to replace the removed member until the next annual\ngeneral meeting.\n(6) The executive committee of an owners corporation may appoint a\nqualified person to fill a casual vacancy on the committee until the\nnext annual general meeting.\n\n(7) In this section:\nassociate, of a manager, means—\n(a) a business partner of the manager; or\n(b) a close friend of the manager; or\n(c) a family member of the manager.\nmanager—see section 49.\nqualified person, for a units plan, means a person (other than the\nmanager or associate of the manager) who is—\n(a) the owner of a unit in the units plan; or\n(b) if the unit is owned by a company or 2 or more part-owners—a\nrepresentative for the company or the part-owners, as the case\nrequires.\nNote An adult (the principal) may appoint a person to do anything for the\nprincipal that the principal can lawfully do by an attorney (see Powers of\nAttorney Act 2006, s 13).\n","sortOrder":44},{"sectionNumber":"39A","sectionType":"section","heading":"Executive committee—additional requirements for mixed","content":"39A Executive committee—additional requirements for mixed\nuse units plan\n(1) This section applies if the schedule of lease provisions under a units\nplan provides for—\n(a) at least 1 unit for residential use only; and\n(b) at least 1 unit for non-residential use.\n(2) In addition to the requirements under section 39, the executive\ncommittee of the owners corporation must include, if feasible, at\nleast—\n(a) 1 member who is the owner of a unit mentioned in\nsubsection (1) (a); and\n\n(b) 1 member who is the owner of a unit mentioned in\nsubsection (1) (b).\n(3) An owner or executive member may apply to the ACAT for an order\nrequiring an election to be held to satisfy the requirement under\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Executive committee—office-holders","content":"40 Executive committee—office-holders\n(1) The executive committee must elect—\n(a) a chairperson; and\n(b) a secretary; and\n(c) a treasurer.\n(2) The committee may elect a person to 2 or more positions.\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Executive committee—chairperson’s functions","content":"41 Executive committee—chairperson’s functions\n(1) The functions of the chairperson are—\n(a) to chair general meetings of the owners corporation and\nmeetings of the executive committee; and\n(b) to set the agenda for general meetings and executive meetings,\nin consultation with the secretary and owners corporation\nmanager (if any) and in accordance with guidelines under\nsubsection (2); and\n(c) to talk to the secretary, treasurer and manager (if any) about the\nexercise of their functions.\n(2) The Minister may make guidelines about items that the chairperson\nmust include on an agenda under this section.\n(3) A guideline is a notifiable instrument.\n\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Executive committee—secretary’s functions","content":"42 Executive committee—secretary’s functions\nThe functions of the secretary are—\n(a) on behalf of the executive committee—\n(i) to give notice of meetings of the executive committee and\ngeneral meetings; and\n(ii) to prepare and send out to executive members minutes of\nexecutive meetings; and\n(iii) to prepare and send out to members of the owners\ncorporation minutes of general meetings; and\n(iv) to keep the records of the owners corporation, other than\nthe records mentioned in schedule 2, section 2.1 (1) (f)\n(which are financial records); and\n(b) on behalf of the executive committee, and the owners\ncorporation, to give notices under the Act; and\n(c) on behalf of the owners corporation—\n(i) to give certificates required under the Act; and\n(ii) to prepare and answer correspondence; and\n(d) to give any other administrative support to the executive\ncommittee or owners corporation.\n","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Executive committee—treasurer’s functions","content":"43 Executive committee—treasurer’s functions\nThe functions of the treasurer are—\n(a) on behalf of the owners corporation, to give to each unit owner\nnotice of—\n(i) a determination of general fund contributions under\nsection 78 (1); and\n(ii) a determination of sinking fund contributions under\nsection 89 (1); and\n\n(b) on behalf of the owners corporation—\n(i) to pay all amounts the corporation receives into\nthe corporation’s account in accordance with\nsection 68 (1) (b); or\n(ii) if the owners corporation is exempt from section 68 (1)—\nto receive, acknowledge receipt of, and account for\namounts paid to the corporation; and\nNote An owners corporation for a units plan with only 2 or 3 units\nmay, by unopposed resolution, exempt itself from s 68 (1)\n(see s 68 (2)).\n(c) on behalf of the owners corporation, to pay amounts the\ncorporation spends out of the corporation’s account, in\naccordance with section 68 (1) (c), as authorised by the\nexecutive committee; and\n(d) on behalf of the executive committee, to keep the records\n(the records) mentioned in schedule 2, section 2.1 (1) (f); and\n(e) if the owners corporation requires the records to be audited—to\narrange for the records to be audited by a qualified auditor; and\n(f) to give financial reports to meetings of the executive committee\nto allow the committee to monitor the financial performance of\nthe owners corporation; and\n(g) to prepare and certify the annual financial statements mentioned\nin schedule 2, section 2.2 (1).\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Executive committee—delegation","content":"44 Executive committee—delegation\n(1) An executive committee may delegate its functions to—\n(a) a sub-committee; or\n\n(b) 1 or more executive members.\nNote A function that has been delegated by the executive committee may,\ndespite the delegation, be exercised by the committee (see Legislation\nAct, s 240). For the making of delegations and the exercise of delegated\nfunctions generally, see the Legislation Act, pt 19.4.\n(2) An owners corporation may, by ordinary resolution, impose\nconditions or restrictions on its executive committee’s powers of\ndelegation.\n","sortOrder":50},{"sectionNumber":"45","sectionType":"section","heading":"Executive committee—contractors and employees","content":"45 Executive committee—contractors and employees\n(1) An executive committee of an owners corporation may engage or\nemploy people on the terms it considers appropriate to help in the\nexercise of the corporation’s functions.\nNote An owners corporation may engage a manager (see div 4.2) and service\ncontractors (see div 4.3).\n(2) However, the executive committee may only engage a person under\nthis section—\n(a) on a short-term basis; or\n(b) for functions other than those for which a manager or service\ncontractor would usually be engaged to undertake.\n(3) An owners corporation may, by ordinary resolution, impose\nconditions or limitations on its executive committee’s power to\nengage or employ people.\n","sortOrder":51},{"sectionNumber":"46","sectionType":"section","heading":"Executive members—code of conduct","content":"46 Executive members—code of conduct\nAn executive member must comply with the code of conduct set out\nin schedule 1, part 1.1.\n\n","sortOrder":52},{"sectionNumber":"47","sectionType":"section","heading":"Executive members—protection from liability","content":"47 Executive members—protection from liability\n(1) An executive member is not civilly liable for conduct engaged in\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any civil liability that would, apart from this section, attach to the\nexecutive committee attaches instead to the owners corporation.\nconduct means an act or omission to do an act.\n","sortOrder":53},{"sectionNumber":"48","sectionType":"section","heading":"Executive committee—validity of acts","content":"48 Executive committee—validity of acts\nAn act done honestly by an executive committee is not invalid only\nbecause there was a defect or irregularity in or in relation to the\nmember’s election or appointment.\n","sortOrder":54},{"sectionNumber":"49","sectionType":"section","heading":"Definitions—div 4.2","content":"49 Definitions—div 4.2\nmanagement contract means a contract to provide management\nservices to an owners corporation.\nmanagement services means services provided by a manager in\nmanager means a person—\n(a) contracted under section 50; or\n(b) with whom an owners corporation has a management contract.\n\n","sortOrder":55},{"sectionNumber":"50","sectionType":"section","heading":"Manager—contract","content":"50 Manager—contract\nenter into a management contract with any of the following:\n(a) a person holding a licence as a real estate agent under the Agents\nAct 2003;\nNote The commissioner for fair trading may issue a conditional real\nestate licence to a person who acts, or intends to act, only as the\nmanager of an owners corporation (see Agents Act 2003, s 34).\n(b) a member of the corporation;\n(c) someone else who is not a manager of another owners\ncorporation, and whose income as manager of the corporation\nwill not be the person’s primary source of income.\n(2) The management contract—\n(a) must state—\n(i) the remuneration of the manager; and\n(ii) the functions of the owners corporation that the manager is\nto exercise; and\n(b) may include other conditions agreed between the owners\ncorporation and the manager.\n(3) Without limiting subsection (1), an owners corporation enters into a\nmanagement contract if the corporation engages a person to carry out\nmanagement services.\n","sortOrder":56},{"sectionNumber":"51","sectionType":"section","heading":"Manager not to be contracted for longer than 3 years","content":"51 Manager not to be contracted for longer than 3 years\n(1) An owners corporation must not enter into a management contract\nwith a manager for longer than 3 years (including any period for\nwhich the contract may be renewed or extended).\n\n(2) If an owners corporation enters into a management contract for longer\nthan 3 years, the contract is taken, for all purposes, to be a contract\nfor 3 years.\n","sortOrder":57},{"sectionNumber":"52","sectionType":"section","heading":"Manager—functions","content":"52 Manager—functions\nA manager has—\n(a) the functions stated in the manager’s contract; and\n(b) any other function delegated to the manager under section 58.\n","sortOrder":58},{"sectionNumber":"53","sectionType":"section","heading":"Manager—transfer","content":"53 Manager—transfer\n(1) A manager’s rights under a management contract may be transferred\nonly if the transfer is approved by the owners corporation by ordinary\n(2) In deciding whether to approve the proposed transfer, the owners\ncorporation may consider the following:\n(a) the character of the proposed transferee and associates of the\nproposed transferee;\n(b) the proposed transferee’s financial standing;\n(c) the terms of the proposed transfer;\n(d) the competence, qualifications and experience of the proposed\ntransferee and associates of the proposed transferee;\n(e) whether the proposed transferee or associates of the proposed\ntransferee have received, or are likely to receive, training in\nrelation to the manager’s functions;\n(f) anything else relevant to the management contract.\n(3) The owners corporation must decide whether to approve a proposed\ntransfer not later than 30 days after the day the corporation is asked\nin writing to approve the transfer.\n\n(4) However, the owners corporation must not—\n(a) unreasonably withhold the approval to transfer; or\ntransfer, other than reimbursement of legal or administrative\n(5) If the owners corporation has not decided whether to approve a\nproposed transfer within the period mentioned in subsection (3), the\ncorporation is taken to have approved the transfer.\nassociates of the proposed transferee means—\n(a) if the proposed transferee is a corporation—the corporation’s\ndirectors, substantial shareholders and principal staff; or\n(b) if the proposed transferee is a partnership or is in partnership—\nthe partners and principal staff of the partnership.\n","sortOrder":59},{"sectionNumber":"54","sectionType":"section","heading":"Manager—ending contract","content":"54 Manager—ending contract\n(1) The owners corporation may end a management contract—\n(a) for a remedial breach if notice has been given under section 55;\nor\n(b) for misbehaviour; or\n(c) if the manager is an individual—if the individual—\n(i) becomes bankrupt or personally insolvent; or\n(ii) is convicted in the ACT of an offence punishable by\nimprisonment for at least 1 year; or\n(iii) is convicted outside the ACT, in Australia or elsewhere, of\nan offence that, if it had been committed in the ACT, would\nbe punishable by imprisonment for at least 1 year; or\n\n(d) if the manager is a corporation—if the corporation becomes\ninsolvent.\n(2) However, before ending a management contract under\nsubsection (1) (c) (ii) or (iii), the owners corporation must be satisfied\nthat the conviction affects the manager’s suitability to exercise the\nmanager’s functions.\n(3) The owners corporation must end a management contract—\n(a) if the manager is absent, other than on approved leave, for\n14 consecutive days or for 28 days in any 12-month period; or\n(b) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the manager’s functions.\ninsolvent—a corporation is taken to be insolvent if the corporation—\n(a) is being wound up; or\n(b) has had a receiver or other controller appointed; or\n(c) has entered into a deed of company arrangement with its\ncreditors; or\n(d) is otherwise under external administration under the\nCorporations Act, chapter 5.\nremedial breach means a remedial breach under section 55.\n","sortOrder":60},{"sectionNumber":"55","sectionType":"section","heading":"Manager—remedial breaches","content":"55 Manager—remedial breaches\n(1) A manager commits a remedial breach if the manager—\n(a) fails to exercise the manager’s functions; or\n(b) contravenes the manager’s code of conduct; or\nNote See sch 1, pt 1.2 for manager’s code of conduct.\n\n(c) while exercising the manager’s functions, is grossly negligent or\nengages in misconduct.\n(2) If the owners corporation believes on reasonable grounds that a\nmanager has committed a remedial breach, the corporation may give\nthe manager written notice stating—\n(a) that the corporation believes the manager has committed a\nremedial breach; and\n(b) details of the remedial breach committed, sufficient to allow the\nmanager to identify—\n(i) the function the manager failed to exercise; or\n(ii) the provision of the manager’s code of conduct the\ncorporation reasonably believes the manager contravened;\nor\n(iii) the gross negligence or misconduct; and\n(c) that the manager must, within 14 days after the day the notice is\ngiven to the manager—\n(i) give the corporation a written representation explaining\nwhy the manager’s actions do not amount to a remedial\nbreach; or\n(ii) remedy the breach; and\n(d) that the owners corporation may end the manager’s contract if—\n(i) the manager does not comply with the notice; or\n(ii) if the manager gives a written representation explaining\nwhy the manager’s actions do not amount to a remedial\nbreach—the corporation does not accept the manager’s\nrepresentation.\n\n","sortOrder":61},{"sectionNumber":"56","sectionType":"section","heading":"Manager—code of conduct","content":"56 Manager—code of conduct\nA manager must comply with the code of conduct set out in\nschedule 1, part 1.2.\nNote Other laws may also apply to a manager—for example, a manager who\nis required to be licensed as a real estate agent under the Agents Act 2003\nmust comply with the rules of conduct for real estate agents under the\nAgents Regulation 2003.\n","sortOrder":62},{"sectionNumber":"57","sectionType":"section","heading":"Manager—public liability insurance","content":"57 Manager—public liability insurance\n(1) A manager must take out and maintain public liability insurance in\nrelation to all of the following events happening because of any act\nor omission in the management of the owners corporation by the\nmanager:\n(a) death, bodily injury or illness to anyone;\n(b) loss of, or damage to, the property of anyone.\n(2) Public liability insurance under this section must be for a total amount\nof liability of at least the amount prescribed by regulation.\n(3) A manager engaged to manage 2 or more owners corporations may\ntake out and maintain a single insurance policy for this section only\nif—\n(a) the manager’s insurer has been told that the manager manages\n2 or more owners corporations; and\n(b) the insurance policy covers the risk in relation to each owners\ncorporation managed by the manager.\n","sortOrder":63},{"sectionNumber":"58","sectionType":"section","heading":"Manager—delegated functions","content":"58 Manager—delegated functions\n(1) The owners corporation may, in writing given to the manager,\ndelegate to the manager any of its functions under this Act or another\nterritory law.\n\n(2) The executive committee may, in writing given to the manager,\ndelegate to the manager any of its functions under this Act or another\nterritory law.\nNote A function that has been delegated by the owners corporation or\nexecutive committee (a delegator) may, despite the delegation, be\nexercised by the delegator (see Legislation Act, s 240). For the making\nof delegations and the exercise of delegated functions generally, see the\nLegislation Act, pt 19.4.\n","sortOrder":64},{"sectionNumber":"59","sectionType":"section","heading":"Definitions—div 4.3","content":"59 Definitions—div 4.3\nservice contract means a contract to provide service contractor\nservices to an owners corporation.\nservice contractor means a person—\n(a) contracted under section 60; or\n(b) with whom an owners corporation has a service contract.\nservice contractor services means services provided by a service\ncontractor in exercising the contractor’s functions.\n","sortOrder":65},{"sectionNumber":"60","sectionType":"section","heading":"Service contractor—contract","content":"60 Service contractor—contract\nenter into a service contract with a person.\nNote Pt 9 provides for the protection of financiers of service contracts.\n(2) Without limiting subsection (1), an owners corporation enters into a\nservice contract if the corporation engages a person to carry out\nservice contractor services.\n\nService contractors Division 4.3\n(3) However, the owners corporation must not enter into a service\ncontract for a period longer than 3 years (including any period for\nwhich the contract may be renewed or extended) unless the contract\nis authorised by special resolution and made after the end of the\ndeveloper control period for the units plan.\n(4) A service contract entered into in breach of subsection (3) is void.\nunits plan includes part of a units plan.\n","sortOrder":66},{"sectionNumber":"61","sectionType":"section","heading":"Service contractor not to be contracted for longer than","content":"61 Service contractor not to be contracted for longer than\n25 years\n(1) An owners corporation must not enter into a service contract with a\nservice contractor for longer than 25 years.\n(2) If an owners corporation enters into a service contract with a service\ncontractor for longer than 25 years, the contract is taken, for all\npurposes, to be a contract for 25 years.\n","sortOrder":67},{"sectionNumber":"62","sectionType":"section","heading":"Service contractor—functions","content":"62 Service contractor—functions\n(1) A service contractor for an owners corporation helps the corporation\nto exercise 1 or more of the following functions in relation to the\ncommon property of the units plan:\n(a) managing the common property;\n(b) supervising use of the common property;\n(c) maintaining and repairing the common property.\ncommon property includes part of the common property.\n\n","sortOrder":68},{"sectionNumber":"63","sectionType":"section","heading":"Service contractor—transfer","content":"63 Service contractor—transfer\n(1) A service contractor’s rights under a service contract may be\ntransferred only if the transfer is approved by the owners corporation\nby ordinary resolution.\n(2) In deciding whether to approve the proposed transfer, the owners\ncorporation may consider the following:\n(a) the character of the proposed transferee and associates of the\nproposed transferee;\n(b) the proposed transferee’s financial standing;\n(c) the terms of the proposed transfer;\n(d) the competence, qualifications and experience of the proposed\ntransferee and associates of the proposed transferee;\n(e) whether the proposed transferee or associates of the proposed\ntransferee have received, or are likely to receive, training in\nrelation to the service contractor’s functions;\n(f) anything else relevant to the service contract.\n(3) The owners corporation must decide whether to approve a proposed\ntransfer not later than 30 days after the day the corporation is asked\nin writing to approve the transfer.\n(4) However, the owners corporation must not—\n(a) unreasonably withhold the approval to transfer; or\ntransfer, other than reimbursement of legal or administrative\n(5) If the owners corporation has not decided whether to approve a\nproposed transfer within the period mentioned in subsection (3), the\ncorporation is taken to have approved the transfer.\n\nService contractors Division 4.3\nassociates of the proposed transferee means—\n(a) if the proposed transferee is a corporation—the corporation’s\ndirectors, substantial shareholders and principal staff; or\n(b) if the proposed transferee is a partnership or is in partnership—\nthe partners and principal staff of the partnership.\n","sortOrder":69},{"sectionNumber":"64","sectionType":"section","heading":"Service contractor—ending contract","content":"64 Service contractor—ending contract\n(1) The owners corporation may end a service contract—\n(a) for a remedial breach if notice has been given under section 65;\nor\n(b) for misbehaviour; or\n(c) if the service contractor is an individual—if the individual—\n(i) becomes bankrupt or personally insolvent; or\n(ii) is convicted in the ACT of an offence punishable by\nimprisonment for at least 1 year; or\n(iii) is convicted outside the ACT, in Australia or elsewhere, of\nan offence that, if it had been committed in the ACT, would\nbe punishable by imprisonment for at least 1 year; or\n(d) if the service contractor is a corporation—if the corporation\nbecomes insolvent.\n(2) However, before ending a service contract under\nsubsection (1) (c) (ii) or (iii), the owners corporation must be satisfied\nthat the conviction affects the service contractor’s suitability to\nexercise the contractor’s functions.\n\n(3) The owners corporation must end a service contract—\n(a) if the service contractor is absent, other than on approved leave,\nfor 14 consecutive days or for 28 days in any 12-month period;\nor\n(b) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the service contractor’s functions.\ninsolvent—a corporation is taken to be insolvent if the corporation—\n(a) is being wound up; or\n(b) has had a receiver or other controller appointed; or\n(c) has entered into a deed of company arrangement with its\ncreditors; or\n(d) is otherwise under external administration under the\nCorporations Act, chapter 5.\nremedial breach means a remedial breach under section 65.\n","sortOrder":70},{"sectionNumber":"65","sectionType":"section","heading":"Service contractor—remedial breaches","content":"65 Service contractor—remedial breaches\n(1) A service contractor commits a remedial breach if the service\ncontractor—\n(a) fails to exercise the service contractor’s functions; or\n(b) while exercising the service contractor’s functions, is grossly\nnegligent or engages in misconduct.\n(2) If the owners corporation believes on reasonable grounds that a\nservice contractor has committed a remedial breach, the corporation\nmay give the service contractor written notice stating—\n(a) that the corporation believes the service contractor has\ncommitted a remedial breach; and\n\nCommunication officers Division 4.4\n(b) details of the remedial breach committed, sufficient to allow the\nservice contractor to identify—\n(i) the function the service contractor failed to exercise; or\n(ii) the gross negligence or misconduct; and\n(c) that the service contractor must, within 14 days after the day the\nnotice is given to the service contractor —\n(i) give the corporation a written representation explaining\nwhy the service contractor’s actions do not amount to a\nremedial breach; or\n(ii) remedy the breach; and\n(d) that the owners corporation may end the service contract if—\n(i) the service contractor does not comply with the notice; or\n(ii) if the service contractor gives a written representation\nexplaining why the service contractor’s actions do not\namount to a remedial breach—the corporation does not\naccept the service contractor’s representation.\n","sortOrder":71},{"sectionNumber":"66","sectionType":"section","heading":"Communications officer—appointment","content":"66 Communications officer—appointment\n(1) This section applies to an owners corporation for a units plan if the\nunits plan has 7 or more units.\n(2) The owners corporation may, by ordinary resolution, appoint an\nowners corporation communications officer.\nNote For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\n(3) Without limiting subsection (2)—\n(a) a person may be appointed as a communications officer whether\nor not the person is a member of the owners corporation; and\n\n(b) the corporation may appoint the officer as a volunteer or may\npay the officer.\n","sortOrder":72},{"sectionNumber":"67","sectionType":"section","heading":"Communications officer—function","content":"67 Communications officer—function\n(1) A communications officer helps the owners corporation by improving\ncommunication so that conflict within the units plan is avoided,\nminimised or resolved.\n(2) To improve communication, the communications officer may do 1 or\nmore of the following:\n(a) monitor communication techniques and procedures adopted by\nthe owners corporation for internal communication between the\ncorporation, the executive committee, unit owners and residents;\n(b) identify for the executive committee ways in which internal\ncommunication can be improved;\n(c) alert the executive committee, or committee members, if the\nofficer becomes aware of potential conflict;\n(d) advise the executive committee about ways in which the risk of\nconflict in the units plan can be minimised;\n(e) be available to the executive committee, or committee members,\nto be consulted about any internal communication matter.\n(3) However, the communications officer must not try to mediate or\ndirectly resolve a dispute.\n\nFinancial functions generally Division 5.1\n","sortOrder":73},{"sectionNumber":"Div 5","sectionType":"division","heading":"1 Financial functions generally","content":"Division 5.1 Financial functions generally\n","sortOrder":74},{"sectionNumber":"68","sectionType":"section","heading":"Owners corporation must have bank account","content":"68 Owners corporation must have bank account\n(1) An owners corporation for a units plan must—\n(a) open and maintain an account with 1 or more authorised deposit-\ntaking institutions; and\n(b) pay all amounts it receives into the account; and\n(c) pay all amounts it spends out of the account.\nNote 1 An authorised deposit-taking institution is an institution (eg a bank,\ncredit union or building society) that is authorised under the Banking\nAct 1959 (Cwlth), s 9 (3) (see Legislation Act, dict, pt 1).\nNote 2 An owners corporation may open and maintain more than 1 account.\nWords in the singular number include the plural (see Legislation Act,\ns 145 (b)).\n(2) An owners corporation for a units plan with only 2 or 3 units may, by\nunopposed resolution, exempt itself from subsection (1).\n","sortOrder":75},{"sectionNumber":"69","sectionType":"section","heading":"Owners corporation may invest","content":"69 Owners corporation may invest\n(1) An owners corporation may invest its money as it considers\nappropriate, subject to any direction by special resolution.\n(2) However, an owners corporation must not invest in a mortgage of\nland.\n","sortOrder":76},{"sectionNumber":"70","sectionType":"section","heading":"Owners corporation may borrow","content":"70 Owners corporation may borrow\nAn owners corporation may, if authorised by a special resolution, do\n1 or more of the following:\n(a) borrow amounts required for the exercise of its functions;\n\n(b) secure the repayment of amounts borrowed by it and the\npayment of interest on amounts borrowed by it.\nNote Section 20 (2) prevents the owners corporation from taking out a\nmortgage over the lease in the common property to secure repayment.\n","sortOrder":77},{"sectionNumber":"71","sectionType":"section","heading":"Owners corporation must not carry on business","content":"71 Owners corporation must not carry on business\n(1) An owners corporation must not carry on business except in the\nexercise of its functions.\nNote An owners corporation that receives income from subletting the common\nproperty or operating sustainability infrastructure is not carrying on\nbusiness (see s 20 (5) and s 23 (4)).\n(2) If an owners corporation contravenes subsection (1), each executive\nmember of the corporation at the time of the breach commits an\noffence.\nMaximum penalty: 50 penalty units.\n(3) It is a defence to a prosecution for an offence against subsection (2)\nif the defendant proves that—\n(a) the defendant took reasonable steps to ensure that the\ncontravention did not happen; or\n(b) the contravention happened without the defendant’s knowledge.\nDivision 5.2 Administrative, special purpose and\nsinking funds\n","sortOrder":78},{"sectionNumber":"72","sectionType":"section","heading":"Definitions—div 5.2","content":"72 Definitions—div 5.2\nadministrative fund—see section 73.\nexpected sinking fund expenditure—see section 83.\ngeneral fund, of an owners corporation, means the corporation’s\nadministrative fund or a special purpose fund.\n\ngeneral fund budget—see section 75 (1).\nsinking fund—see section 81 (2).\nsinking fund contribution—see section 89 (1).\nsinking fund plan—see section 82 (2).\nspecial purpose fund—see section 74 (1).\ntotal general fund contribution—see section 75 (2) (a).\ntotal sinking fund contribution—see section 82 (3) (b).\n","sortOrder":79},{"sectionNumber":"73","sectionType":"section","heading":"Administrative fund","content":"73 Administrative fund\nAn owners corporation for a units plan must establish a fund for the\ngeneral administration of the corporation (an administrative fund).\n","sortOrder":80},{"sectionNumber":"74","sectionType":"section","heading":"Special purpose fund","content":"74 Special purpose fund\n(1) An owners corporation for a units plan may, by special resolution,\nestablish funds for particular purposes (a special purpose fund).\n(2) The purposes for which a special purpose fund may be used may only\nbe changed by special resolution of the owners corporation.\n","sortOrder":81},{"sectionNumber":"75","sectionType":"section","heading":"General fund—budget","content":"75 General fund—budget\ncorporation must, by ordinary resolution, approve a budget\n(the general fund budget) for the administrative fund and each\nspecial purpose fund for the financial year in which the meeting is\nheld.\n\n(2) The general fund budget must state for the financial year in which the\nannual general meeting is held—\n(a) an estimate of—\n(i) the total contributions (the total general fund\ncontribution) to be paid into the general fund by the\nowners corporation’s members; and\n(ii) if there is a special resolution under section 78 (2) (b)—the\ngeneral fund contribution payable by each unit owner, or\nunit owner in a particular class; and\n(b) an estimate of any other amounts to be paid into the general\nfund; and\n(c) an estimate of payments to be made out of the general fund\nincluding an estimate of payments necessary—\n(i) to maintain in good condition on a day-to-day basis the\ncommon property and any other property held by the\nowners corporation; and\n(ii) to pay for insurance premiums; and\n(iii) to pay for any costs incurred in getting information for a\nunit title rental certificate; and\n(iv) to pay for recurrent expenses.\nExamples—par (b)\n1 the proceeds from the sale of any personal property of the owners\ncorporation\n2 fees paid to the owners corporation for inspection of its records and the\nprovision of information and certificates relating to its records\nExamples—par (c) (i)\ncarpet cleaning, lawnmowing services, minor expenses relating to\nmaintenance of the common property\nExamples—par (c) (iv)\nutility service charges, accounting fees\n\n(3) A payment out of a special purpose fund may only be included in the\nbudget if the payment is for the purpose for which the fund was\nestablished, unless the proposed payment is authorised by special\n(4) The amount mentioned in subsection (2) (c) must not include\ntransfers to the sinking fund.\n(5) An owners corporation is not required to obtain approval for the\ngeneral fund budget in the time mentioned in this section if—\n(a) the annual general meeting is for an owners corporation of a\nretirement village; and\n(b) a copy of the general fund budget for a financial year is given to\nthe residents of the village at the same time as the proposed\nannual budget under the Retirement Villages Act 2012,\nsection 159 (Proposed annual budget) is given to the residents\nof the village; and\n(c) the owners corporation by ordinary resolution, approves the\ngeneral fund budget in the time mentioned in the Retirement\nVillages Act 2012, section 162 (6).\n","sortOrder":82},{"sectionNumber":"76","sectionType":"section","heading":"General fund—what must be paid into the fund?","content":"76 General fund—what must be paid into the fund?\nAn owners corporation for a units plan must pay the following\namounts into its general fund:\n(a) general fund contributions paid to the owners corporation;\n(b) any income received from subletting any part of the common\nproperty under section 20 (3);\n(c) the proceeds of the disposal of any personal property of the\nowners corporation;\n(d) any fees paid to the owners corporation for inspection of its\nrecords and the provision of information and certificates relating\nto its records.\n\n","sortOrder":83},{"sectionNumber":"77","sectionType":"section","heading":"General fund—what can fund be used for?","content":"77 General fund—what can fund be used for?\nAn owners corporation for a units plan may only make payments from\na general fund if the payments are—\n(a) approved in the general fund budget; or\n(b) authorised by ordinary resolution.\n","sortOrder":84},{"sectionNumber":"78","sectionType":"section","heading":"General fund—contributions","content":"78 General fund—contributions\n(1) An owners corporation for a units plan may, from time to time,\ndetermine a contribution (a general fund contribution) required from\nits members for the corporation’s general fund.\n(2) The general fund contribution payable for each unit is—\n(a) the proportional share for the unit of the total general fund\ncontribution; or\n(b) a proportion of the total general fund contribution worked out in\naccordance with a method set out by special resolution.\n(3) A resolution under subsection (2) (b)—\n(a) must be fair, taking into account—\n(i) the structure of the unit plan; and\n(ii) the nature of the buildings that are part of the units or\ncommon property of the unit plan, including the features\nand character of the units and common property; and\n(iii) the purposes for which units are used, including the likely\nimpact of that use on the common property; and\n(iv) the extent to which the change imposes a burden on a unit\nthat is commensurate with the use of that unit; and\n(b) may provide that only stated unit owners, or unit owners in a\nstated class, are required to pay a particular contribution, or a\ncontribution of a particular kind.\n\n(4) A resolution under subsection (2) (b) may only be amended or\nrevoked by—\n(a) a special resolution; or\n(b) an order of the ACAT.\nNote 1 A unit owner may apply to the ACAT for review of a special resolution\nunder subsection (2) (b) about a method for working out general fund\ncontributions (see s 127).\nNote 2 A special resolution is taken to be an alternative rule of the owners\ncorporation (see s 108 (5)).\n","sortOrder":85},{"sectionNumber":"79","sectionType":"section","heading":"General fund—notice of contributions","content":"79 General fund—notice of contributions\n(1) An owners corporation for a units plan must give notice of a\ndetermination of general fund contributions to each unit owner.\n(2) The notice must include the following information:\n(a) the general fund contribution payable for the unit;\n(b) the general fund contributions payable for each other unit;\n(c) the general fund for which the contribution is required, the\nproportion of the contribution to be paid into each fund, and the\ntotal amount to be paid into each fund;\n(d) the proportion of the total general fund contribution payable for\nthe unit and how the proportion is worked out;\n(e) the date when the contribution is payable, if paid in full (which\nmust be not later than 28 days after the date of the notice);\n(f) if the contribution is payable by instalments—the dates when the\ninstalments are payable;\n(g) how the contribution may be paid;\n(h) details of any discount for early payment decided by the owners\ncorporation under section 93;\n(i) details of interest payable for late payment under section 94.\n\n","sortOrder":86},{"sectionNumber":"80","sectionType":"section","heading":"General fund—when are contributions payable?","content":"80 General fund—when are contributions payable?\nA general fund contribution is payable by a unit owner—\n(a) if paid in full—on the date stated in the notice; or\n(b) if payable by instalments—on the dates stated in the notice.\n","sortOrder":87},{"sectionNumber":"81","sectionType":"section","heading":"Sinking fund","content":"81 Sinking fund\n(1) This section applies if there are 4 or more units in a units plan.\n(2) An owners corporation for the units plan must establish and maintain\na fund (the sinking fund).\n","sortOrder":88},{"sectionNumber":"82","sectionType":"section","heading":"Sinking fund plan","content":"82 Sinking fund plan\n(1) This section applies to an owners corporation for a units plan if the\ncorporation is required to establish and maintain a sinking fund.\n(2) The owners corporation must approve, by ordinary resolution, a plan\nfor the sinking fund (a sinking fund plan) for the 10-year period\nbeginning on the first day of the financial year following the approval.\nNote A sinking fund plan of an existing owners corporation that was current\nimmediately before the commencement of this division is taken to be a\nsinking fund plan under this Act (see s 157 (2)). The day the existing\nsinking fund plan is approved for this Act is the day the existing sinking\nfund plan was approved by the owners corporation for the Unit Titles\nAct 2001 (see s 157 (3) and (4)).\n(3) The sinking fund plan must state—\n(a) the expected sinking fund expenditure for at least the 10-year\nperiod of the plan; and\n(b) for each financial year of the plan—the total contributions\n(the total sinking fund contribution) required from members of\nthe owners corporation necessary to—\n(i) meet the expected sinking fund expenditure for the\nfinancial year; and\n\n(ii) reserve an appropriate amount necessary to be accumulated\nto meet expected sinking fund expenditure over at least the\nremaining years of the plan; and\n(c) if the owners corporation has made a special resolution under\nsection 89 (2) (b)—the sinking fund contribution required from\neach unit owner, or unit owner in a particular class, for each\nfinancial year of the plan.\n1 An owners corporation for a units plan estimates that the expected sinking fund\nexpenditure for the 10-year period of its sinking fund plan is $220 000. The\nexpenditure includes expenditure of $10 000 for each year and a ‘one-off’\namount of $120 000 in the 8th year of the plan. The owners corporation\napproves a total sinking fund contribution of $25 000 for each financial year\nof the plan to meet the expected sinking fund expenditure and to provide for a\nbalance of $30 000 in the fund.\n","sortOrder":89},{"sectionNumber":"2","sectionType":"section","heading":"In preparing its first sinking fund plan, the owners corporation for a units plan","content":"2 In preparing its first sinking fund plan, the owners corporation for a units plan\nof recently constructed townhouses estimates that the expected sinking fund\nexpenditure for the units plan is $70 000 for the 10-year period of the plan,\nmade up of $7 000 expected sinking fund expenditure for each financial year.\nAdditionally, the owners corporation estimates that internal roads in the units\nplan will need resurfacing in 15 years time at an estimated cost of $120 000.\nThe owners corporation decides it is necessary, in the first 10-year plan, to\naccumulate $80 000 to meet the expected sinking fund expenditure for the\nresurfacing. The owners corporation approves a total sinking fund contribution\nof $15 000 each year of the plan, made up of $7 000 to meet the expected\nsinking fund expenditure for each financial year and $8 000 to meet the\nexpected sinking fund expenditure for the resurfacing.\n","sortOrder":90},{"sectionNumber":"83","sectionType":"section","heading":"Sinking fund plan—meaning of expected sinking fund","content":"83 Sinking fund plan—meaning of expected sinking fund\nexpenditure\n(1) For this division, expected sinking fund expenditure means\nexpenditure for the following purposes that the owners corporation\nreasonably expects will be necessary to maintain in good condition\nthe common property and any other property it holds:\n(a) the painting or repainting of any building (or any part of a\nbuilding) that forms part of the common property;\n\n(b) the acquisition of new property or renewal or replacement of\nproperty that it holds;\n(c) the renewal, replacement or repair of fixtures and fittings that\nare part of the common property;\n(d) the renewal, replacement or repair of anything else on the\ncommon property;\n(e) for a building containing class A units—any purpose mentioned\nin paragraph (b), (c) or (d) that relates to defined parts of the\nbuilding;\n(f) for a building on a class B unit—any maintenance mentioned in\nparagraph (b), (c) or (d) that is authorised by a special resolution\nunder section 24 (1) (g);\n(g) any other capital expenses for which the corporation is\nresponsible.\ndefined parts, of a building containing class A units—see\nsection 24 (4).\nproperty includes sustainability or utility infrastructure.\n","sortOrder":91},{"sectionNumber":"84","sectionType":"section","heading":"Sinking fund plan—when must it be approved?","content":"84 Sinking fund plan—when must it be approved?\n(1) The owners corporation for a units plan must approve a sinking fund\nplan not later than—\n(a) if the corporation is established after the commencement of this\ndivision—12 months after the day of the corporation’s\n1st annual general meeting; or\n(b) in any other case—12 months after the day this division\ncommences.\n\n(2) If the owners corporation has approved a sinking fund plan under this\nAct, the corporation must approve a new sinking fund plan not later\nthan 12 months before the end of the 10-year period to which the\nexisting plan relates.\n","sortOrder":92},{"sectionNumber":"85","sectionType":"section","heading":"Sinking fund plan—review","content":"85 Sinking fund plan—review\nAn owners corporation for a units plan must review its sinking fund\nplan—\n(a) not later than 4 years after the plan is first approved by the\nowners corporation (the first review); and\n(b) not later than the end of each 5-year period after the first review.\n","sortOrder":93},{"sectionNumber":"86","sectionType":"section","heading":"Sinking fund plan—amendment","content":"86 Sinking fund plan—amendment\nAn owners corporation for a units plan may at any time, by ordinary\nresolution, amend its sinking fund plan to ensure that—\n(a) the plan reflects expected sinking fund expenditure; and\n(b) the total sinking fund contributions are sufficient to meet the\nexpected sinking fund expenditure stated in the plan.\nAn owners corporation for a units plan approves a sinking fund plan that sets a total\nsinking fund contribution of $15 000 for each year of the plan. Three years after\napproving the plan, the owners corporation finds out that major work is required to\nwater and sewerage pipes in the common property at an estimated cost of $60 000.\nThe owners corporation, by ordinary resolution, amends the sinking fund plan to\ninclude the additional expected sinking fund expenditure and require additional\ncontributions of $10 000 a year for the remaining years in the plan. The total sinking\nfund contribution for each financial year after the amendment is $25 000.\n","sortOrder":94},{"sectionNumber":"87","sectionType":"section","heading":"Sinking fund—what must be paid into the fund?","content":"87 Sinking fund—what must be paid into the fund?\nAn owners corporation for a units plan must pay the following\namounts into its sinking fund:\n(a) sinking fund contributions paid to the owners corporation;\n\n(b) any amount received by the owners corporation that is not\nrequired or allowed to be paid into a general fund;\n(c) any amount authorised by an ordinary resolution to be\ntransferred from the administrative fund to the sinking fund;\n(d) any amount to be transferred from a special purpose fund to the\nsinking fund—\n(i) in accordance with the purpose of the special purpose fund;\nor\n(ii) that is authorised by a special resolution.\n","sortOrder":95},{"sectionNumber":"88","sectionType":"section","heading":"Sinking fund—what can fund be used for?","content":"88 Sinking fund—what can fund be used for?\nAn owners corporation for a units plan may only make payments from\nits sinking fund if the payments are consistent with the sinking fund\nplan.\nNote 1 An owners corporation may at any time, by ordinary resolution, amend\nits sinking fund plan to ensure that the plan reflects expected sinking fund\nexpenditure and the total sinking fund contributions are sufficient to meet\nthe expected sinking fund expenditure stated in the plan.\nNote 2 Expenditure from the sinking fund for the purpose of installing\nsustainability or utility infrastructure must be provided for in the sinking\nfund plan (see s 23).\n","sortOrder":96},{"sectionNumber":"89","sectionType":"section","heading":"Sinking fund—contributions","content":"89 Sinking fund—contributions\n(1) An owners corporation for a units plan may determine a contribution\n(a sinking fund contribution) required from its members for the\ncorporation’s sinking fund.\n(2) The sinking fund contribution payable for each unit for a financial\nyear is—\n(a) the proportional share for the unit of the total sinking fund\ncontribution for the financial year; or\n\n(b) a proportion of the total sinking fund contribution worked out\nusing a method set out by special resolution.\nNote Total sinking fund contribution, for a financial year—see s 82 (3) (b).\nExpected sinking fund expenditure—see s 83.\n(3) A resolution under subsection (2) (b)—\n(a) must be fair, taking into account—\n(i) the structure of the unit plan; and\n(ii) the nature of the buildings that are part of the units or\ncommon property of the unit plan, including the features\nand character of the units and common property; and\n(iii) the purposes for which units are used, including the likely\nimpact of that use on the common property; and\n(iv) the extent to which the change imposes a burden on a unit\nthat is commensurate with the use of that unit; and\n(b) may provide that only stated unit owners, or unit owners in a\nstated class, are required to pay a particular contribution, or a\ncontribution of a particular kind.\n(4) A resolution under subsection (2) (b) may only be amended or\nrevoked by—\n(a) a special resolution; or\n(b) an order of the ACAT.\nNote 1 A unit owner may apply to the ACAT for review of a special resolution\nunder subsection (2) (b) about a method for working out sinking fund\ncontributions (see s 127).\nNote 2 A special resolution is taken to be an alternative rule of the owners\ncorporation (see s 108 (5)).\n\n","sortOrder":97},{"sectionNumber":"90","sectionType":"section","heading":"Sinking fund—notice of contributions","content":"90 Sinking fund—notice of contributions\n(1) An owners corporation for a units plan must, within 1 month after an\nannual general meeting, give notice to each unit owner of the\ndetermination of sinking fund contributions for the financial year\nwhen the meeting takes place.\n(2) The notice must include the following information:\n(a) the sinking fund contribution payable for the unit;\n(b) the sinking fund contributions payable for each other unit;\n(c) the total sinking fund contribution for the financial year;\n(d) the proportion of the total sinking fund contribution payable for\nthe unit and how the proportion is worked out;\n(e) the date when the contribution is payable, if paid in full (which\nmust be not later than 28 days after the date of the notice);\n(f) if the contribution is payable by instalments—the dates when the\ninstalments are payable;\n(g) how the contribution may be paid;\n(h) details of any discount for early payment decided by the owners\ncorporation under section 93;\n(i) details of interest payable for late payment under section 94.\n","sortOrder":98},{"sectionNumber":"91","sectionType":"section","heading":"Sinking fund—when are contributions payable?","content":"91 Sinking fund—when are contributions payable?\nA sinking fund contribution is payable by a unit owner—\n(a) if paid in full—on the date stated in the notice; or\n(b) if payable by instalments—on the dates stated in the notice.\n\nPowers in relation to money owing to owners corporation Division 5.3\n","sortOrder":99},{"sectionNumber":"92","sectionType":"section","heading":"General and sinking funds in staged developments","content":"92 General and sinking funds in staged developments\n(1) This section applies to a general fund or sinking fund established by\nan owners corporation for a staged development if the development\nhas not been completed.\n(2) A contribution to a fund is not payable by the owner of a unit if the\nunit is in an uncompleted stage of the development.\n(3) The owners corporation must not pay an amount from a fund in\nrelation to an uncompleted stage of the development.\nDivision 5.3 Powers in relation to money owing to\nowners corporation\n","sortOrder":100},{"sectionNumber":"93","sectionType":"section","heading":"Discounts—amounts owing","content":"93 Discounts—amounts owing\ndecide that a stated discount applies to an amount owing to the\ncorporation by a unit owner if—\n(a) the amount is paid to the corporation before the date it becomes\npayable; or\n(b) for contributions payable by instalments—if the contribution is\npaid—\n(i) in full on or before the date stated in the notice of the\ncontribution for payment in full; or\n(ii) in another way stated in the resolution.\ncontribution means a general fund contribution or a sinking fund\ncontribution.\n\nDivision 5.3 Powers in relation to money owing to owners corporation\n","sortOrder":101},{"sectionNumber":"94","sectionType":"section","heading":"Interest—amounts owing","content":"94 Interest—amounts owing\n(1) If an amount owing to an owners corporation by a unit owner is not\npaid on or before the date it becomes payable, unless otherwise\ndecided by ordinary resolution, the amount bears simple interest until\npaid—\n(a) at an annual rate of 10%; or\n(b) at an annual rate of less than 10%, if decided by special\nresolution; or\n(c) at an annual rate of more than 10% and not more than 20%, if\ndecided by special resolution.\n(2) Interest on an amount owing to the owners corporation is payable into\nthe fund into which the amount owing is payable.\n","sortOrder":102},{"sectionNumber":"95","sectionType":"section","heading":"Recovery of amounts owing","content":"95 Recovery of amounts owing\n(1) If an amount owing to an owners corporation is not paid on or before\nthe date it is payable, the corporation may recover the amount as a\ndebt from the unit owner, together with interest under section 94.\n(2) If the ownership of a unit changes after an amount owing to the\nowners corporation becomes payable, the owner at the time the\namount becomes payable and each subsequent owner are liable both\nseparately and together for the amount, together with interest under\nsection 94.\n","sortOrder":103},{"sectionNumber":"96","sectionType":"section","heading":"Security for unpaid amounts—declaration of charge","content":"96 Security for unpaid amounts—declaration of charge\n(1) If an amount owing to the owners corporation is unpaid after it\nbecomes payable, the corporation may declare that a charge is to be\nimposed over the lease of the unit to secure payment of the amount.\n(2) The declaration must—\n(a) give details of the lease of the unit to be charged; and\n(b) state the unpaid amount owing to the owners corporation.\n\nPowers in relation to money owing to owners corporation Division 5.3\n(3) After making the declaration, the owners corporation must—\n(a) lodge with the registrar-general a copy of the declaration,\ncertified as a true copy by the executive committee; and\n(b) give a copy of the declaration to the unit owner and anyone else\nwho has an interest in the unit.\n(4) On registration of the copy of the declaration, the amount stated in\nthe declaration, together with interest on the amount under section 94,\nis a charge over the lease of the unit.\n(5) A registered charge under this section does not give a power of sale\nover the lease of the unit.\n","sortOrder":104},{"sectionNumber":"97","sectionType":"section","heading":"Security for unpaid amounts—discharge","content":"97 Security for unpaid amounts—discharge\n(1) This section applies if a charge declared under section 96 has been\nregistered, and—\n(a) the entire amount for which the charge was declared is paid,\ntogether with interest on the amount under section 94; or\n(b) the owners corporation considers that the charge is no longer\nrequired.\n(2) The owners corporation must—\n(a) revoke the declaration of the charge; and\n(b) lodge with the registrar-general a copy of the revocation,\ncertified as a true copy by the executive committee; and\n(c) give a copy of the revocation to the unit owner and anyone else\nwho has an interest in the unit.\n(3) The discharge under this section of a charge takes effect on the\nregistration of the revocation of the charge.\n\n","sortOrder":105},{"sectionNumber":"98","sectionType":"section","heading":"Liability of part-owners","content":"98 Liability of part-owners\n(a) a unit is owned by 2 or more part-owners; and\n(b) an amount is recoverable by the owners corporation from the\nowners.\n(2) The part-owners are liable separately and together for the payment of\nthe amount.\n(3) As between themselves, each part-owner is liable for a part of the\namount proportional to the value of the part-owner’s interest in the\nunit.\n(4) If a part-owner pays a part of the amount that is more than the\npart-owner’s proportional liability, the part-owner may recover the\nexcess from the other part-owners.\n","sortOrder":106},{"sectionNumber":"99","sectionType":"section","heading":"Meaning of building and land—div 5.4","content":"99 Meaning of building and land—div 5.4\nbuilding, on the land—\n(a) includes—\n(i) any improvements and fixtures forming part of the\nbuilding; and\n(ii) any improvements and fixtures, including site\nimprovements, consisting entirely of common property;\nand\n(iii) anything prescribed by regulation as forming part of a\nbuilding; but\nExamples—site improvements\nlandscaping, paved areas\n\n(b) does not include—\n(i) paint, wallpaper and temporary wall, floor and ceiling\ncoverings; or\n(ii) fixtures removable by a lessee or sublessee of a unit at the\nend of a lease; or\n(iii) anything prescribed by regulation as not forming part of a\nbuilding.\nland means—\n(a) land subdivided by a units plan; and\n(b) for a staged development—the whole of the land in the\ncompleted stages of the development.\n","sortOrder":107},{"sectionNumber":"100","sectionType":"section","heading":"Building insurance requirements","content":"100 Building insurance requirements\n(1) The responsible entity for a units plan must insure and keep insured\nall buildings on the land for their replacement value from time to time\nagainst all of the following risks:\n(a) fire, lightning, tempest, earthquake and explosion;\n(b) riot, civil commotion, strikes and labour disturbances;\n(c) malicious damage;\n(d) bursting, leaking and overflowing of boilers, water tanks, water\npipes and associated apparatus;\n(e) impact of aircraft (including parts of, and objects falling from,\naircraft) and of road vehicles, horses and cattle;\n(f) anything prescribed by regulation.\n\n(2) The responsible entity must also insure against the costs incidental to\nthe reinstatement or replacement of the insured building, including\nthe cost of removing debris and the fees of architects and other\nprofessional advisers.\nNote If the responsible entity is an owners corporation and a developer is the\nonly member of the owners corporation, the developer must on behalf of\nthe owners corporation take out insurance under s (1), unless exempted\nunder s 101.\n(3) A regulation may make provision in relation to an insurance policy\nunder this section including for the following:\n(a) combining the policy with other insurance policies;\n(b) notification requirements by unit owners in relation to\nimprovements made to units;\n(c) the proportion of the premium payable for the policy by\nparticular unit owners by way of a general fund contribution;\n(d) valuation of the insured buildings.\n(4) For all purposes related to any insurance taken out by it under this\nsection, a responsible entity is taken to have an insurable interest in\nthe buildings on the land to the extent of their replacement value.\nNote 1 The owners corporation must produce its insurance policies for\ninspection at the request of an eligible person (see s 118).\nNote 2 The executive committee of the owners corporation must give certain\ndetails about the corporation’s current insurance policies at each annual\ngeneral meeting (see sch 2, s 2.3).\nbuilding management committee—see the Land Titles Act 1925,\nsection 123F (1) (a).\n\nresponsible entity means—\n(a) if the units plan is part of a building the subject of a building\nmanagement statement—the building management committee\nestablished under the statement; or\n(b) in any other case—the owners corporation.\n","sortOrder":108},{"sectionNumber":"100A","sectionType":"section","heading":"Lodgment of insurance claims","content":"100A Lodgment of insurance claims\n(1) This section applies to an insurance claim made in relation to a\nbuilding on the land in relation to a units plan.\n(2) The responsible entity for the units plan must—\n(a) lodge the insurance claim; and\n(b) pay any excess payable in relation to the insurance claim.\nNote An expense incurred because of a wilful or negligent act or\nomission, or a breach of an owners corporation’s rules, by a\nmember of the owners corporation or an occupier of the member’s\nunit, may be recoverable from the member as a debt (see s 31).\nresponsible entity—see section 100 (5).\n","sortOrder":109},{"sectionNumber":"101","sectionType":"section","heading":"Exemption from building insurance requirements","content":"101 Exemption from building insurance requirements\n(1) If the replacement value of all common property buildings (or parts\nof buildings) on the land is less than an amount prescribed by\nregulation, the owners corporation may, by unanimous resolution,\nexempt itself from the requirement to take out building insurance\nunder section 100 (1) for any risk stated in the exemption resolution.\n(2) An owners corporation for a units plan containing only class B units\nmay, by unanimous resolution, exempt itself from the requirement to\ntake out building insurance for any risk stated in the exemption\nresolution for all buildings (or parts of buildings) that are on the\nclass B units.\n\n(3) An exemption resolution—\n(a) under subsection (1)—has effect from the date of the annual\ngeneral meeting when it is passed until the date of the next\nannual general meeting; or\n(b) under subsection (2)—takes effect on the registration of the\nresolution and continues until the day another unanimous\nresolution amending or revoking the exemption resolution is\nregistered.\n(4) An exemption resolution under subsection (2) or a resolution\namending or revoking the exemption under subsection (3) (b) must\nbe lodged under the Land Titles (Unit Titles) Act 1970, section 27B\nwithin 3 months after the day the resolution is passed.\n(5) If an exemption resolution under subsection (2) or a resolution\namending or revoking the exemption under subsection (3) (b) is not\nlodged within 3 months after the day the resolution is passed, the\nresolution is taken to have never been made.\nNote An exemption resolution under this section does not affect the\nrequirement for an owners corporation to take out and maintain public\nliability insurance (see s 102).\n","sortOrder":110},{"sectionNumber":"102","sectionType":"section","heading":"Public liability insurance by owners corporation","content":"102 Public liability insurance by owners corporation\n(1) An owners corporation for a units plan must take out and maintain\npublic liability insurance in relation to all of the following events\nhappening in relation to the common property:\n(a) death, bodily injury or illness of anyone;\n(b) loss of, or damage to, the property of anyone.\n\n(2) Public liability insurance under subsection (1) must be for a total\namount of liability of not less than an amount prescribed by\nNote 1 The owners corporation must produce its insurance policies for\ninspection at the request of an eligible person (see s 118).\nNote 2 The executive committee of the owners corporation must give certain\ndetails about the corporation’s current insurance policies at each annual\ngeneral meeting (see sch 2, s 2.3).\n(3) However, the owners corporation need not comply with a\nrequirement of this section if—\n(a) the units plan is part of a building the subject of a building\nmanagement statement; and\n(b) the requirement is satisfied by insurance taken out and\nmaintained under the building management statement.\n","sortOrder":111},{"sectionNumber":"103","sectionType":"section","heading":"Application of insurance money by owners corporation","content":"103 Application of insurance money by owners corporation\n(1) If an owners corporation for a units plan receives insurance money\nfor damage to, or destruction of, any building on the land, the\ncorporation must, without delay, apply the insurance money to\nrebuilding and reinstating the building.\n(2) Subsection (1) applies subject to this Act, other territory laws and any\norder of a court.\nExample—other territory law\nIf it is necessary to obtain building damage orders from the ACAT approving a\nbuilding damage scheme for rebuilding and reinstating the building (see Unit Titles\nAct 2001, div 10.3), the owners corporation may not apply the insurance money to\nthe rebuilding and reinstating before obtaining the orders.\n","sortOrder":112},{"sectionNumber":"104","sectionType":"section","heading":"Additional insurance—owners corporation","content":"104 Additional insurance—owners corporation\nThis division does not limit the right of an owners corporation to take\nout additional insurance.\n\n","sortOrder":113},{"sectionNumber":"105","sectionType":"section","heading":"Additional insurance—unit owners","content":"105 Additional insurance—unit owners\nThis division does not limit the right of a unit owner to insure against\ndamage to, or destruction of, the unit to the extent of its replacement\nvalue.\n\n","sortOrder":114},{"sectionNumber":"106","sectionType":"section","heading":"What are the rules of an owners corporation?","content":"106 What are the rules of an owners corporation?\nThe rules of an owners corporation are the default rules as modified\nby the alternative rules, if any, registered under the Land Titles (Unit\nTitles) Act 1970, section 27 or section 27A.\nNote The owners corporation may make alternative rules under s 108.\n","sortOrder":115},{"sectionNumber":"107","sectionType":"section","heading":"Effect of rules","content":"107 Effect of rules\n(1) There are taken to be agreements under seal between an owners\ncorporation and each of its members, and between each member and\neach other member, under which the corporation and its members\nagree to be bound by the rules of the corporation.\n(2) An occupier of a unit (who is not the owner of the unit) is bound by\neach rule of the corporation as if the occupier were the owner of the\nunit except to the extent that—\n(a) the rule requires payments to be made to the general fund or a\nsinking fund; or\n(b) the rule provides otherwise.\n(3) If the unit owner does not occupy the unit, the owner is liable\nseparately and together with an occupier of the unit for any breach of\nthe rules of the owners corporation by the occupier, unless the owner\nproves that the owner took reasonable precautions and exercised\nappropriate care to prevent the breach.\n(4) An occupier of a unit who occupies the unit under a residential\ntenancy agreement is not bound by any rule of the owners corporation\nto the extent that the rule is inconsistent with the standard residential\ntenancy terms, other than a pet friendly rule.\n\nresidential tenancy agreement means a residential tenancy\nagreement under the Residential Tenancies Act 1997.\nstandard residential tenancy terms—see the Residential Tenancies\nAct 1997, dictionary.\n","sortOrder":116},{"sectionNumber":"108","sectionType":"section","heading":"Owners corporation may make alternative rules","content":"108 Owners corporation may make alternative rules\n(1) An owners corporation may, by special resolution, make alternative\nrules to modify the rules of the corporation.\n(2) In particular, the owners corporation of a retirement village may make\nalternative rules to make provision in relation to any of the following:\n(a) people other than residents or employees of the retirement\nvillage living in the village;\n(b) visitors, including overnight or short-stay guests;\n(c) the making of noise;\n(d) the parking of motor vehicles;\n(e) the disposal of garbage;\n(f) the keeping of pets;\n(g) gardening and landscaping;\n(h) the use and operation of services or facilities (including\nrestrictions on their use);\n(i) security in the retirement village;\n(j) the external appearance of residents’ premises.\n(3) An alternative rule is not valid to the extent that it results in the\nrules—\n(a) being inconsistent with this Act or another territory law; or\n\n(b) being inconsistent with a building management statement that\napplies to the units plan; or\n(c) being incompatible with a human right under the Human Rights\nAct 2004, or otherwise being harsh, unconscionable or\noppressive; or\n(d) giving a function to the corporation that is not incidental or\nancillary to the exercise of its functions under this Act or under\na building management statement; or\n(e) prohibiting or restricting any dealing (including devolution,\ntransfer, lease or mortgage) with—\n(i) an interest in a unit; or\n(ii) the equitable estate of a unit owner in the common\nproperty; or\n(f) prohibiting or restricting the installation, operation or\nmaintenance of sustainability infrastructure in or on the common\nproperty or a unit; or\n(g) unless the alternative rule is made by unanimous resolution—\nbeing inconsistent with an order of the ACAT requiring the\nowners corporation to make or repeal an alternative rule; or\n(h) prohibiting a unit owner from keeping an animal, or allowing an\nanimal to be kept, within the unit or the common property in any\ncircumstances.\n(4) An alternative rule is not invalid under subsection (3) (a) only because\nit requires a person who keeps an assistance animal to produce\nevidence that the animal is an assistance animal.\nNote A unit owner or occupier is not required to obtain the consent of the\nowners corporation to keep an animal that is an assistance animal within\nthe unit or common property (see s 32 (1) (a)).\n\n(5) A special resolution under section 78 (General fund—contributions)\nor section 89 (Sinking fund—contributions) is taken to be an\nalternative rule of the owners corporation made under this section.\n(6) A regulation may prescribe requirements in relation to alternative\nrules.\n","sortOrder":117},{"sectionNumber":"108A","sectionType":"section","heading":"Effect of registration of alternative rule","content":"108A Effect of registration of alternative rule\n(1) An alternative rule made by the owners corporation under section 108\ntakes effect—\n(a) on registration under the Land Titles (Unit Titles) Act 1970,\nsection 27 or section 27A; or\n(b) from any later date stated in the special resolution making the\nrule.\n(2) If the alternative rule is not lodged within 3 months after the day the\nspecial resolution is passed, the resolution is taken to have never been\nmade.\n","sortOrder":118},{"sectionNumber":"109","sectionType":"section","heading":"Breach of rules—rule infringement notice","content":"109 Breach of rules—rule infringement notice\n(1) This section applies if the executive committee of an owners\ncorporation reasonably believes that—\n(a) the owner or occupier (the person) of a unit has contravened a\nprovision of the corporation’s rules; and\n(b) the circumstances of the contravention make it likely that the\ncontravention will continue or be repeated.\n(2) The owners corporation may, if authorised by an ordinary resolution\nof the executive committee, give the person a notice (a rule\ninfringement notice) requiring the person to remedy the\ncontravention.\n\n(3) A rule infringement notice must state the following:\n(a) that the owners corporation believes the person is contravening,\nor has contravened, a provision of the rules;\n(b) the provision of the rules the owners corporation believes is, or\nwas, contravened;\n(c) details sufficient to identify the contravention;\n(d) if the owners corporation believes the contravention is\ncontinuing—the period (which must be reasonable in the\ncircumstances) within which the person must remedy the\ncontravention;\n(e) if the owners corporation believes the contravention is likely to\nbe repeated—that the person must not repeat the contravention;\n(f) if the person does not comply with the notice—\n(i) the person commits an offence; and\n(ii) the owners corporation may, without further notice, apply\nto the ACAT for an order in relation to the failure to\ncomply with the notice.\n(4) If a rule infringement notice is given to a person following a request\nunder section 111, the owners corporation must, not later than 14 days\nafter the day the request was received, tell the person who made the\nrequest that the notice has been given.\n","sortOrder":119},{"sectionNumber":"110","sectionType":"section","heading":"Breach of rules—failure to comply with rule infringement","content":"110 Breach of rules—failure to comply with rule infringement\nnotice\n(1) A person commits an offence if the person—\n(a) is given a rule infringement notice under section 109; and\n(b) does not comply with the notice.\n\n(2) However, the person does not commit an offence under this section\nif, when the rule infringement notice is given to the person, the person\nis not contravening, or has not contravened, the provision mentioned\nin the notice in the way detailed for section 109 (3) (c).\n","sortOrder":120},{"sectionNumber":"111","sectionType":"section","heading":"Breach of rules—request for rule infringement notice","content":"111 Breach of rules—request for rule infringement notice\n(a) a dispute exists between the owner or occupier of a unit in a units\nplan (the complainant) and the owner or occupier of another\nunit in the units plan (the accused person); and\n(b) the dispute arises because the complainant reasonably believes\n(i) the accused person has contravened a provision of the\ncorporation’s rules; and\n(ii) the circumstances of the contravention make it likely that\ncontravention will continue or be repeated.\n(2) The complainant may ask the owners corporation to give the accused\nperson a rule infringement notice for the contravention.\n","sortOrder":121},{"sectionNumber":"112","sectionType":"section","heading":"Application of Legislation Act","content":"112 Application of Legislation Act\n(1) The Legislation Act applies to the rules of an owners corporation as\nif the rules were an Act and as if each rule were a section of an Act.\n(2) Terms used in the rules of an owners corporation have the same\nmeaning as in this Act, unless the contrary intention appears.\n\nRules—particular matters Division 6.2\n","sortOrder":122},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"2.1 Special privileges in relation to common","content":"Subdivision 6.2.1 Special privileges in relation to common\n","sortOrder":123},{"sectionNumber":"112A","sectionType":"section","heading":"Grant of special privileges in relation to common","content":"112A Grant of special privileges in relation to common\n(1) The owners corporation may, by special resolution, make a rule\ngranting a special privilege for a period of 3 months or more (a special\nprivilege rule) to—\n(a) a unit owner; or\n(b) someone else with an interest in a unit in the units plan.\n(2) A special privilege rule must—\n(a) only be made with the grantee’s written consent; and\n(b) must include a provision that states the maintenance requirement\nis the responsibility of 1 of the following:\n(i) the owners corporation;\n(ii) the grantee.\n(3) A special privilege rule that states that the maintenance requirement\nis the responsibility of the grantee—\n(a) must state the type and frequency of maintenance the grantee\nmust undertake; and\n(b) relieves the owners corporation of its obligations under\nsection 24 (Maintenance obligations) to the extent the rule\nplaces this obligation on the grantee.\n(4) A special privilege rule may be made to have effect for a specific\nperiod.\n(5) A grantee must not unreasonably withhold consent mentioned in\n\n(6) A special privilege rule that is registered is taken to have been validly\nmade after a period of 2 years from the day the rule was made, or\npurportedly made, despite any defect or irregularity in relation to\nmaking the rule.\nNote A modification of the rules of the owners corporation must be registered\nwith the registrar-general under the Land Titles (Unit Titles) Act 1970,\ns 27A.\n","sortOrder":124},{"sectionNumber":"112B","sectionType":"section","heading":"Amendment or revocation of special privilege rule","content":"112B Amendment or revocation of special privilege rule\n(1) A special privilege rule may only be amended or revoked—\n(a) by special resolution of the owners corporation; and\n(b) with the consent of the grantee.\nNote A rule granting a special privilege may also be made for a specific period\nand expire according to its terms (see s 112A (4)).\n(2) However, the grantee’s consent must not be unreasonably withheld.\nSubdivision 6.2.2 Rules about animals\n","sortOrder":125},{"sectionNumber":"112C","sectionType":"section","heading":"Owners corporation may make pet friendly rule","content":"112C Owners corporation may make pet friendly rule\n(1) The owners corporation may, by special resolution, make a rule\nallowing an owner or occupier to keep an animal, or allow an animal\nto be kept, within a unit or the common property without the consent\nof the owners corporation (a pet friendly rule).\n(2) A pet friendly rule may include conditions about—\n(a) the number and type of animals that may be kept by a unit owner\nor occupier under the rule; and\n(b) cleaning and maintenance requirements for keeping an animal\nunder the rule; and\n(c) providing written notice to the owners corporation about the\nkeeping of an animal; and\n\nRules—particular matters Division 6.2\n(d) supervision requirements when an animal is on the common\nproperty; and\n(e) requirements in relation to keeping an animal secure so that it\ndoes not escape a unit unsupervised; and\n(f) any other matters that are reasonably necessary to ensure that an\nanimal does not cause a nuisance or a risk to health or safety.\n\n","sortOrder":126},{"sectionNumber":"113","sectionType":"section","heading":"Corporate register—establishment","content":"113 Corporate register—establishment\n(1) An owners corporation for a units plan must establish and maintain a\nregister (the corporate register) that includes—\n(a) the information mentioned in section 114 (1) for each unit; and\n(b) the information mentioned in section 114 (2).\n(2) The corporate register may be kept in electronic form.\nNote The corporate register contains personal information as defined under the\nPrivacy Act 1988 (Cwlth). The Australian Privacy Principles under that\nAct apply to the owners corporation in relation to the collection, use,\ndisclosure and storage of personal information.\n","sortOrder":127},{"sectionNumber":"114","sectionType":"section","heading":"Corporate register—information to be included","content":"114 Corporate register—information to be included\n(1) The owners corporation for a units plan must record on the corporate\nregister the following information for each unit:\n(a) if the unit is owned by 1 person—the full name and an address\nfor correspondence of the unit owner;\n(b) if the unit is owned by 2 or more part-owners—the full name\nand address for correspondence of the part-owners’\nrepresentative and each other part-owner;\n(c) if the unit owner is a company—the full name and address for\ncorrespondence of the company’s representative;\n(d) if a mortgagee voting notice has been given for the unit—the full\nname and address for correspondence of the mortgagee’s\nrepresentative;\n(e) if notified in writing to the corporation—the full name and an\naddress for correspondence of anyone else with an interest in the\nunit together with details of the interest;\n\n(f) the full name of the occupier of the unit (including the owner if\nthe owner occupies the unit).\n(2) Also, the owners corporation must record on the corporate register\nthe following information:\n(a) the full names of the current executive members;\n(b) if notified in writing to the corporation—the full name and an\naddress for correspondence of anyone with an easement over the\ncommon property together with details of the easement;\n(c) if the units plan subdivides a parcel of land under a declared land\nsublease—the full name and an address for correspondence of\nthe Crown lessee;\n(d) if the owners corporation sublets part of the common property\nunder section 20 (3)—\n(i) details of the sublease; and\n(ii) the sublessee’s full name and an address for\ncorrespondence.\n","sortOrder":128},{"sectionNumber":"115","sectionType":"section","heading":"Corporate register—provision of information","content":"115 Corporate register—provision of information\n(1) A unit owner must give the owners corporation for the units plan\nwritten notice of the details of any of the following events within\n14 days after the event happens:\n(a) the lodgment for registration, by the unit owner, of the\ninstrument under which the person became the owner;\n(b) a change in the owner’s name or address for correspondence;\n(c) a change of occupancy of the unit;\n\n(d) a vacancy in occupancy of the unit that is expected to be longer\nthan a continuous period of 30 days.\nNote Information about representatives of units owned by 2 or more\npart-owners, or by a company, must be provided to the owners\ncorporation under the following sections:\n• s 11 (Part-owners of units—authorisation of representatives)\n• s 13 (Company-owned units—authorisation of representatives).\n(2) Subsection (1) may be enforced in the same way as a rule of the\n(3) The Crown lessee for a declared land sublease must give the owners\ncorporation for the units plan written notice of the details of any of\nthe following events within 14 days after the event happens:\n(a) the Crown lessee entering into an agreement to transfer an\ninterest in the Crown lease to someone else (the new owner);\n(b) the lodgment for registration of the transfer;\n(c) a change in the Crown lessee’s name or address for\ncorrespondence.\n(4) A person who has or acquires an interest in a unit or the common\nproperty, other than a unit owner, may give the owners corporation\nwritten notice of the details of the following events:\n(a) if the interest is in a lease of the unit or the common property—\nthe person completing an agreement to transfer the interest to\nsomeone else;\n(b) the lodgment for registration of an instrument under which the\nperson acquires the interest;\n(c) if the interest is not a registered interest—the person acquiring\nthe interest;\n(d) a change in the full name or address for correspondence of the\nperson;\n\n(e) a change in the nature of the interest held by the person,\nincluding the person ceasing to have the interest.\nNote Information about mortgagees’ representatives must be provided to the\nowners corporation under the following sections:\n• sch 3, s 3.23 (Voting by mortgagees)\n• sch 3, s 3.24 (Mortgagee voting notices—amendment and revocation).\n","sortOrder":129},{"sectionNumber":"116","sectionType":"section","heading":"Corporate register—access","content":"116 Corporate register—access\n(1) On request by an eligible person for a unit or the common property,\nthe owners corporation for the units plan must allow the person,\nwithin 14 days after the request is received, to inspect, and take a copy\nof—\n(a) for a request by an eligible person for a unit—the information\non the corporate register about the unit; and\n(b) for a request by an eligible person for a unit or the common\nproperty—the information on the corporate register about any\neasements, or subleases under section 20 (3), applying to the\n(2) On request by an applicant for a court order under this Act, the owners\ncorporation must allow the applicant to inspect, and take a copy of,\nthe names and addresses for correspondence recorded on the\ncorporate register of each unit owner and anyone else with an interest\nin a unit, or the common property, that is recorded on the register.\nNote This is to enable the applicant for the order to comply with the\nrequirements for service under this Act.\n(3) A request must be in writing accompanied by a fee fixed by the\nowners corporation of not more than an amount prescribed by\n\n(4) The corporate register must be kept in a way that ensures that a person\nwho is entitled to inspect the register does not have access to any\ninformation the person is not entitled to inspect.\nExamples—how to restrict access\n1 if the register is kept in a book, the information could be kept on a separate\npage for each unit and for the common property\n2 if the register is kept in a computer database, the information could be stored\nso that information for each unit and the common property can be separately\ndisplayed, printed out or emailed\nNote The corporate register contains personal information as defined under the\nPrivacy Act 1988 (Cwlth). The Australian Privacy Principles under that\nAct apply to the owners corporation in relation to the collection, use,\ndisclosure and storage of personal information.\neligible person, for the common property, includes a sublessee of the\ncommon property under section 20 (3).\ninterest, in the common property, includes a sublease under\nsection 20 (3).\n","sortOrder":130},{"sectionNumber":"117","sectionType":"section","heading":"Names and addresses of executive members","content":"117 Names and addresses of executive members\nOn request by an eligible person for a unit or the common property,\nthe owners corporation must, free of charge, give the person the full\nnames and addresses of its current executive members within 14 days\nafter the request is received.\n","sortOrder":131},{"sectionNumber":"118","sectionType":"section","heading":"Insurance information","content":"118 Insurance information\nOn request by an eligible person for a unit or the common property,\nthe owners corporation must, free of charge, allow the person to\ninspect, and take a copy of, the following documents within 14 days\nafter the request is received:\n(a) any current insurance policy or policies taken out—\n(i) by the owners corporation; or\n\n(ii) if the units plan is part of a building the subject of a\nbuilding management statement—the building\nmanagement committee established under the statement;\n(b) the receipts for all premiums paid under current policies taken\nout by the corporation;\n(c) the part of the minutes of any annual general meeting of the\ncorporation that records any exemption resolution under section\n101 (Exemptions from building insurance requirements).\n","sortOrder":132},{"sectionNumber":"119","sectionType":"section","heading":"Unit title certificates","content":"119 Unit title certificates\n(1) An eligible person for a unit or the common property in a units plan\nmay request the owners corporation give the person—\n(a) a certificate stating information about the unit or the common\nproperty suitable for disclosure to a potential buyer (a unit title\nsale certificate); or\n(b) a certificate updating information in the unit title sale certificate\n(a unit title sale update certificate); or\n(c) a certificate stating information about the unit or the common\nproperty suitable for disclosure to a potential tenant (a unit title\nrental certificate).\n(2) However, an eligible person may only request a unit title sale update\ncertificate within 4 months after the day a unit title sale certificate is\ngiven to the person.\n(3) The owners corporation must, within the required period after the day\nthe request is received, give the person the requested certificate.\n(4) A unit title rental certificate expires 5 years after the day it is given to\nthe person.\n(5) The Minister may determine information that must be included in any\nof the following (the determined information):\n(a) a unit title sale certificate;\n\n(b) a unit title sale update certificate;\n(c) a unit title rental certificate.\n(6) A request under this section must be in writing and accompanied by\na fee fixed by the owners corporation of not more than an amount\ndetermined by the Minister.\n(7) A determination under subsection (5) or (6) is a disallowable\ninstrument.\n(8) In this section:\neligible person, for a unit, includes a person who enters into a contract\nfor sale of the unit.\nNote Eligible person—see the dictionary.\nrequired period means—\n(a) for a unit title sale certificate or unit title sale update\ncertificate—14 days; and\n(b) for a unit title rental certificate—\n(i) if the owners corporation has the determined\ninformation—14 days; and\n(ii) if the owners corporation does not have the determined\ninformation—6 weeks.\ntenant—see the Residential Tenancies Act 1997, section 6.\n","sortOrder":133},{"sectionNumber":"119A","sectionType":"section","heading":"Unit title rental certificate information","content":"119A Unit title rental certificate information\n(a) the Minister determines information that must be included in a\nunit title rental certificate under section 119 (5) (c); and\n(b) the owners corporation does not have the determined\ninformation.\n\n(2) The owners corporation must—\n(a) take reasonable steps to get the information; and\n(b) pay any costs incurred in getting the information.\nExample—s (2)\narranging and paying the cost of an inspection and report about ceiling insulation\nin the units plan\nNote If an owners corporation fails to comply with a request for a unit title\nrental certificate, each executive member of the corporation commits an\noffence (see s 121).\n","sortOrder":134},{"sectionNumber":"119B","sectionType":"section","heading":"Updating unit title rental certificate information","content":"119B Updating unit title rental certificate information\n(a) an owners corporation gives a person a unit title rental certificate\nunder section 119 (3) in relation to a unit; and\n(b) within 5 years after the day the certificate is given to the person,\nthe owners corporation becomes aware of a change in any of the\ninformation in the certificate; and\n(c) the name of the person to whom the certificate was given\ncontinues to be recorded in the corporate register in relation to\nthe unit.\n(2) The owners corporation must notify the person, in writing, of the\nchanged information.\n","sortOrder":135},{"sectionNumber":"120","sectionType":"section","heading":"Acting on information in unit title certificate","content":"120 Acting on information in unit title certificate\n(1) If a person acts honestly on a matter stated in a unit title certificate,\nthen, in an action by or against the owners corporation, the\ncorporation is estopped, as against that person, from denying the truth\nof that or any other matter stated in the certificate.\n\nunit title certificate means any of the following:\n(a) a unit title sale certificate;\n(b) a unit title sale update certificate;\n(c) a unit title rental certificate.\n","sortOrder":136},{"sectionNumber":"120A","sectionType":"section","heading":"Access to owners corporation records","content":"120A Access to owners corporation records\n(1) An eligible person for a unit or the common property in a units plan\nmay ask to inspect the records of an owners corporation.\n(2) The owners corporation must, within 14 days after the day the request\nis received, allow the person—\n(a) to inspect—\n(i) the information on the corporate register; and\n(ii) any other records held by the corporation; and\n(b) to take copies of any document inspected.\n(3) If a dispute exists, the owners corporation may withhold from\ninspection any documents subject to legal professional privilege in\nrelation to the dispute.\n(4) A request under this section must be in writing and accompanied by\na fee fixed by the owners corporation of not more than an amount\ndetermined by the Minister.\n(5) A determination under subsection (4) is a disallowable instrument.\neligible person, for a unit, includes a person who enters into a contract\nfor sale of the unit.\nNote Eligible person—see the dictionary.\n\n","sortOrder":137},{"sectionNumber":"121","sectionType":"section","heading":"Offence—failure to provide information, certificate or","content":"121 Offence—failure to provide information, certificate or\naccess to owners corporation records\n(1) If an owners corporation for a units plan fails to comply with a request\nunder this part for information, a unit title certificate or access to the\ncorporation’s records, each executive member of the corporation at\nthe time of the failure commits an offence.\nMaximum penalty: 50 penalty units.\n(2) It is a defence to a prosecution for an offence against subsection (1)\nif the defendant proves that—\n(a) the person making the request, when asked by someone acting\nfor the owners corporation, did not give the corporation\nreasonable grounds to believe that the person was an eligible\nperson; or\n(b) the defendant took reasonable steps to ensure that the request\n(c) the failure to comply with the request happened without the\ndefendant’s knowledge.\nunit title certificate—see section 120 (2).\n","sortOrder":138},{"sectionNumber":"122","sectionType":"section","heading":"Owners corporation name, address and letterbox","content":"122 Owners corporation name, address and letterbox\n(1) An owners corporation for a units plan must ensure that a notice\nshowing the name of the corporation, and the address shown on the\nunits plan for the service of documents, is continuously displayed in\na conspicuous place on the land, unless—\n(a) the address shown on the units plan for the service of documents\nis the postal address of a building on the land; and\n\n(b) the corporation provides a letterbox on the land under\nMaximum penalty: 1 penalty unit.\n(2) If the address shown on the units plan for the service of documents is\nthe postal address of a building on a land, the owners corporation\nmust ensure that a letterbox suitable for postal delivery, showing the\nname of the corporation in clear and legible characters, is\ncontinuously available in a conspicuous and accessible place on the\nland.\nMaximum penalty: 1 penalty unit.\n(3) If an owners corporation changes its address for service of\ndocuments, it must lodge notice of the change with the\nregistrar-general in a form approved by the registrar-general under\nthe Land Titles Act 1925.\n","sortOrder":139},{"sectionNumber":"123","sectionType":"section","heading":"Service of documents on owners corporation","content":"123 Service of documents on owners corporation\nFor this Act and the Unit Titles Act 2001 (including an application for\na court order under either Act) a document may be served on an\nowners corporation by—\n(a) if the address for service is the postal address of a building on\nthe land—placing it in the letterbox mentioned in\nsection 122 (2); or\n(b) serving it in another way approved by the corporation by\nordinary resolution.\nNote The methods of service provided for in this section are in addition to\nmethods of service provided for in the Legislation Act, pt 19.5.\n\n","sortOrder":140},{"sectionNumber":"124","sectionType":"section","heading":"Service of documents on members, interested people and","content":"124 Service of documents on members, interested people and\noccupiers\n(1) For this Act and the Unit Titles Act 2001 (including an application for\na court order under either Act) a document may be served on a unit\nowner or anyone else with an interest in a unit or the common\nproperty on a units plan by—\n(a) sending it by prepaid post as a letter to the relevant address for\ncorrespondence recorded on the corporate register; or\n(b) if the latest address for correspondence recorded in the corporate\nregister is the postal address of a building or unit on the land—\nplacing it in a letterbox for mail addressed to the building or unit;\nor\n(c) serving it in another way directed by the person to be served.\nNote The methods of service provided for in this section are in addition to\nmethods of service provided for in the Legislation Act, pt 19.5.\n(2) If a unit is owned by 2 or more part-owners, and a document is\nrequired or permitted to be served on the owner, service of the\ndocument under this section on the part-owners’ representative is\nsufficient.\n(3) If an owner of a unit is a company, and a document is required or\npermitted to be served on the company, service of the document under\nthis section on the company’s representative is sufficient.\n(4) If a mortgagee voting notice is current for a unit, and a document is\nrequired or permitted to be served on the mortgagee, service of the\ndocument under this section on the mortgagee’s representative is\nsufficient.\n(5) If a unit has an occupier who is not an owner of the unit, and a\ndocument is required or permitted to be served on the occupier, the\ndocument may be served on the occupier—\n(a) by putting it in a letterbox for mail addressed to the unit; or\n\n(b) by giving it personally to the occupier; or\n(c) by serving it in another way directed by the occupier.\n(6) For this section, an interest in the common property includes a\nsublease under section 20 (3).\n\n","sortOrder":141},{"sectionNumber":"125","sectionType":"section","heading":"Disputes—generally","content":"125 Disputes—generally\n(1) This section applies to a dispute between 2 or more of the following:\n(a) the owners corporation for a units plan;\n(b) the executive committee;\n(c) an owner or occupier of a unit in the units plan;\n(d) the manager (if any) for the owners corporation;\n(e) a service contractor for the owners corporation;\n(f) an executive member.\n(2) A party to the dispute may apply to the ACAT for an order in relation\nto another party if the application relates to the dispute.\n","sortOrder":142},{"sectionNumber":"126","sectionType":"section","heading":"Disputes involving the owners corporation—particular","content":"126 Disputes involving the owners corporation—particular\nmatters\n(1) This section applies to the following disputes between the people\nmentioned in relation to the dispute:\n(a) a dispute relating to keeping an animal or allowing an animal to\nbe kept in a unit between—\n(i) the owners corporation; and\n(ii) an owner or occupier of a unit;\n(b) a dispute relating to the return by a former manager of owners\ncorporation property between—\n(i) the owners corporation; and\n(ii) the former manager.\n(2) A party to the dispute may apply to the ACAT for an order in relation\nto the other party if the application relates to the dispute.\n\n(3) To avoid doubt, only a party mentioned in this section in relation to a\nparticular dispute may apply to the ACAT in relation to the dispute.\nTony is in dispute with his neighbour, Fabian, about the pets Fabian keeps in his\nunit. The owners corporation is also in dispute with Fabian about the pets. Only the\nowners corporation can apply to the ACAT for an order against Fabian in relation\nto the dispute.\nformer manager means a person who was the manager for the owners\n","sortOrder":143},{"sectionNumber":"127","sectionType":"section","heading":"Disputes about rules—general","content":"127 Disputes about rules—general\n(1) A unit owner may apply to the ACAT for an order declaring that an\nalternative rule is invalid on the grounds that—\n(a) the owners corporation does not have the power to make the\nrule; or\n(b) the rule contravenes section 108 (3); or\n(c) there was irregularity in the process for making the rule; or\n(d) for an alternative rule about the method used to work out the\nproportion payable by the unit owner of the total general fund\ncontribution under section 78 or the total sinking fund\ncontribution under section 89—the rule is not fair; or\n(e) for an alternative rule about the method used to work out the\nproportion payable by the unit owner of the total general fund\ncontribution under section 78 or the total sinking fund\ncontribution under section 89—the rule is no longer fair due to\na change in circumstances related to the use of the unit or the\nExamples—change in circumstances of use\n1 change in use of a unit from laundromat to office with the result that the\nunit now uses significantly less water\n\n2 new restrictions on access to, or use of, common property such as\nrestricting access to a swimming pool to specified unit owners only\n(2) An application under subsection (1) (c) or (d) must be made within—\n(a) 3 months after the day the special resolution making the\nalternative rule is passed by the owners corporation; or\n(b) any longer period the ACAT considers reasonable in the\ncircumstances, provided the period is not more than 12 months\nafter the day the special resolution making the rule is passed by\nthe owners corporation.\n","sortOrder":144},{"sectionNumber":"128","sectionType":"section","heading":"Disputes about rules—special privilege rules","content":"128 Disputes about rules—special privilege rules\n(1) An owners corporation may apply to the ACAT for an order declaring\nthat a grantee has unreasonably withheld consent—\n(a) to making a special privilege rule under section 112A; or\n(b) to amending or revoking a special privilege rule under\nsection 112B.\n(2) A grantee may apply to the ACAT for an order declaring that the\nowners corporation—\n(a) has unreasonably refused to make a special privilege rule under\nsection 112A; or\n(b) has imposed unreasonable maintenance obligations on the\ngrantee under section 112A (3) (a); or\n(c) has unreasonably refused to amend or revoke a special privilege\nrule under section 112B.\ngrantee includes a prospective grantee.\n\n","sortOrder":145},{"sectionNumber":"129","sectionType":"section","heading":"Kinds of ACAT orders","content":"129 Kinds of ACAT orders\n(1) The ACAT may make the following orders:\n(a) an order requiring a party to do, or refrain from doing, a stated\nthing;\n(b) an order requiring a party to exercise a function under this Act;\n(c) an order requiring an owners corporation to do a stated thing that\nis ancillary to a function of the corporation under this Act;\n(d) an order requiring a person to pay to the Territory or someone\nelse an amount of not more than $1 000;\n(e) a declaration—\n(i) that a general meeting or executive committee meeting is\nvoid for irregularity; or\n(ii) that a resolution of a general meeting or executive\ncommittee meeting is void for irregularity; or\n(iii) that a rule of the owners corporation is invalid—\n(A) because the owners corporation does not have the\npower to make the rule; or\n(B) under section 108 (3); or\n(C) for irregularity; or\n(iv) for an application made under section 127 (1) (d)—that the\nrule is invalid on the ground that the method in the\nresolution used to work out the proportion of fund\ncontributions to be paid by each unit owner is not fair;\n(f) an order repealing or amending a resolution of a general meeting\nor executive committee based on a merits review of the\nresolution by the ACAT;\n\n(g) an order giving effect to an unsuccessful motion for a resolution\nof a general meeting (either as originally proposed or as\namended by the ACAT) if the ACAT is satisfied after a merits\nreview of the motion that opposition to the motion was\nunreasonable;\n(h) an order requiring stated accounts of an owners corporation to\nbe audited, whether by a stated person or a person of a stated\nkind;\n(i) an order allowing an applicant to examine records of the owners\ncorporation;\n(j) an order requiring an owners corporation to make or repeal a\nrule and register a copy of the resolution making or repealing the\nrule;\n(k) an order appointing an administrator to exercise all or stated\nfunctions of the owners corporation, the executive committee or\nan office-holder in the committee;\n(l) if the dispute relates to a unit owner or occupier keeping an\nanimal, or allowing an animal to be kept, within the unit and the\nACAT considers that the animal causes a nuisance to the owner\nor occupier of another unit, or unreasonably interferes with the\nuse or enjoyment of another unit or of the common property—\n(i) an order to remove the animal from the premises within a\nstated time; or\n(ii) any other order the ACAT considers will end the nuisance\nor the unreasonable interference with use or enjoyment.\n(2) The ACAT may make any other order it considers reasonably\nnecessary or convenient to resolve a dispute under this part.\n\n(3) A declaration by the ACAT under subsection (1) (e) (iii) or (iv) that\na rule is invalid—\n(a) has effect as if the rule were repealed by special resolution of\nthe owners corporation on the day the declaration is made; and\n(b) must be lodged by the owners corporation with the\nregistrar-general for the registration of alternative rules under\nthe Land Titles (Unit Titles) Act 1970, section 27A.\n(4) In considering whether to make an order in relation to a special\nprivilege in relation to common property, the ACAT must have regard\nto—\n(a) the interests of all unit owners in the use and enjoyment of their\nunit and the common property; and\n(b) the rights and reasonable expectations of a person deriving or\nanticipating a benefit under a special privilege in relation to the\n(5) This section does not limit the orders the ACAT may make in relation\nto a dispute under this part.\n\nProtection of financiers for service contracts Part 9\n","sortOrder":146},{"sectionNumber":"Part 9","sectionType":"part","heading":"Protection of financiers for","content":"Part 9 Protection of financiers for\nservice contracts\n","sortOrder":147},{"sectionNumber":"130","sectionType":"section","heading":"Meaning of financed service contract and financier—pt 9","content":"130 Meaning of financed service contract and financier—pt 9\nIn this part:\nfinanced service contract means a service contract financed by a\nfinancier under section 131.\nfinancier—see section 131.\n","sortOrder":148},{"sectionNumber":"131","sectionType":"section","heading":"Who is a financier for a service contract?","content":"131 Who is a financier for a service contract?\n(1) A person is a financier for a service contract if—\n(a) the person—\n(i) is a financial institution; or\n(ii) in the ordinary course of the person’s business, supplies, or\nmight reasonably be expected to supply, finance for\nbusiness acquisitions, using charges over contracts for\nsecurity; or\n(iii) if the contract exists immediately before the\ncommencement of this part—at the time the finance was\nsupplied for a business acquisition using a charge over the\ncontract for security, was a person mentioned in\nsubparagraph (ii); and\n(b) a service contractor for the contract and the person give written\nnotice signed by each of them to the owners corporation that the\nperson is a financier for the contract.\n(2) A person stops being a financier for a service contract if the person\ngives the owners corporation written notice withdrawing the notice\ngiven under subsection (1).\n\n(3) A notice under subsection (2) may be given without the service\ncontractor’s agreement.\n","sortOrder":149},{"sectionNumber":"132","sectionType":"section","heading":"Financed service contract—notice of change","content":"132 Financed service contract—notice of change\nThe owners corporation for a units plan must give the financier for a\nfinanced service contract written notice of—\n(a) any change made to the contract by the corporation and the\nservice contractor; or\n(b) any arrangement entered into by the corporation and the service\ncontractor that affects the contract.\n","sortOrder":150},{"sectionNumber":"133","sectionType":"section","heading":"Financed service contract—limitation on ending","content":"133 Financed service contract—limitation on ending\n(1) The owners corporation for a units plan may end a financed service\ncontract only if—\n(a) the corporation gives the financier written notice that the\ncorporation has the right to end the contract; and\n(b) when the notice is given to the financier, the corporation has the\nright to end the contract; and\n(c) the corporation gives the notice to the financier not less than\n21 days before the day the contract is ended.\n(2) However, the owners corporation may not end the financed service\ncontract if, under an arrangement between the financier and the\nservice contractor, the financier has given the corporation notice\nunder section 134.\n(3) Subsection (2) does not stop the owners corporation ending a service\ncontract for something done or not done after the financier started to\nact under the contract.\n(4) This section does not stop a financed service contract ending by\nagreement between the owners corporation, service contractor and\nfinancier.\n\nProtection of financiers for service contracts Part 9\n","sortOrder":151},{"sectionNumber":"134","sectionType":"section","heading":"Financed service contract—person authorised to act for","content":"134 Financed service contract—person authorised to act for\nfinancier\n(1) The financier for a financed service contract may take the following\naction:\n(a) act under the contract in place of the contractor;\n(b) appoint a receiver, or a receiver and manager, for the contract.\n(2) However, the financier may only take action under subsection (1) if—\n(a) the financier has given written notice to the owners corporation\nof the financier’s intention to take the action; and\n(b) at the time the notice is given to the owners corporation, the\ncorporation—\n(i) has not given the financier notice under section 133 (1) (c);\nor\n(ii) has given and withdrawn the notice to the financier.\n(3) The financier may authorise a person to act for the financier for\nsubsection (1) (a) if—\n(a) the person is not the service contractor or an associate of the\ncontractor; and\n(b) the owners corporation approves the person.\n(4) In deciding whether to approve a person under subsection (3), the\nowners corporation—\n(a) must act reasonably in the circumstances and decide as soon as\npracticable; and\n(b) may only consider—\n(i) the person’s character; and\n(ii) the person’s competence, qualifications and experience.\n\n(5) However, the owners corporation must not—\n(a) unreasonably withhold the person’s approval; or\nperson, other than reimbursement of legal or administrative\n","sortOrder":152},{"sectionNumber":"135","sectionType":"section","heading":"Financed service contract—agreement between owners","content":"135 Financed service contract—agreement between owners\ncorporation and financier prohibited\n(1) A financier for a financed service contract must not enter into an\nagreement or other arrangement with the owners corporation under\nthe contract for a matter relating to—\n(a) the financier’s role for the contract; or\n(b) arrangements between the financier and service contractor under\nwhich the financier is acting, or may act, under the contract in\nthe contractor’s place; or\n(c) the operation of this part in relation to the contract.\n(2) An agreement or arrangement to which this section applies is void to\nthe extent it contravenes this section.\n\nAdministrators Part 10\nInterested parties Division 10.1\n","sortOrder":153},{"sectionNumber":"Div 10","sectionType":"division","heading":"1 Interested parties","content":"Division 10.1 Interested parties\n","sortOrder":154},{"sectionNumber":"136","sectionType":"section","heading":"Who may apply for an administration order?","content":"136 Who may apply for an administration order?\nAny of the following people (an interested party) may apply to the\nACAT for an order under division 10.2 (an administration order) in\nrelation to the administration of an owners corporation:\n(a) the corporation;\n(b) a creditor of the corporation;\n(c) a unit owner, or anyone else with an interest in a unit, or the\ncommon property, that is recorded in the corporate register;\n(d) the director-general, on behalf of the Territory.\n","sortOrder":155},{"sectionNumber":"137","sectionType":"section","heading":"ACAT appearances and service of applications","content":"137 ACAT appearances and service of applications\n(1) An interested party has a right to appear on an application by another\ninterested party for an administration order.\n(2) The applicant must serve a copy of the application on every other\ninterested party, except the creditors (or the other creditors) of the\nowners corporation and the director-general.\nNote The applicant may serve the application on an interested person at the\nperson’s address for correspondence shown on the corporate register.\nOther forms of service are also permitted. See s 124.\n(3) The owners corporation must serve all its creditors with a copy of the\napplication—\n(a) if the owners corporation is the applicant—after making the\napplication; or\n(b) in any other case—on being served with a copy of the\napplication.\n(4) An interested party may be represented by a lawyer or someone else.\n\n(5) The registrar of the ACAT must give a copy of an application to the\ndirector-general, unless the director-general is the applicant.\n","sortOrder":156},{"sectionNumber":"138","sectionType":"section","heading":"Appointment of administrator","content":"138 Appointment of administrator\n(1) On an application by an interested party, the ACAT may, by order,\nappoint the person named in the application to be administrator of the\nowners corporation on the terms about remuneration and anything\nelse it considers appropriate.\nNote For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\n(2) The ACAT may make an order appointing an administrator only if\nsatisfied that the administrator consents to the order.\n(3) In an order appointing an administrator, the ACAT may give any\ndirections it considers appropriate for giving notice of the order to the\nadministrator, the registrar-general and the owners corporation.\n(4) The remuneration of an administrator of an owners corporation and\nthe expenses incurred in the exercise of the administrator’s functions\nunder this Act are taken to be expenditure incurred by the corporation.\n","sortOrder":157},{"sectionNumber":"139","sectionType":"section","heading":"Removal or replacement of administrator","content":"139 Removal or replacement of administrator\n(1) On an application by an interested party, the ACAT may, by order,\nremove or replace an administrator.\n(2) In an order removing or replacing an administrator, the ACAT may\ngive any directions it considers appropriate for giving notice of the\norder to the registrar-general and the owners corporation.\n","sortOrder":158},{"sectionNumber":"140","sectionType":"section","heading":"Functions of administrator","content":"140 Functions of administrator\n(1) The administrator of an owners corporation has all the functions of\nthe corporation to the exclusion of the corporation and its executive\ncommittee.\n\nAdministrators Part 10\nAppointment, removal and functions Division 10.2\n(2) However, an order of the ACAT under subsection (3) is required for\nan administrator to do anything that is required by this Act to be\nauthorised by an unopposed or unanimous resolution.\n(3) On application by an interested party, the ACAT may make any order\nit considers appropriate about the exercise of the administrator’s\nfunctions, including, for example, an order mentioned in\n","sortOrder":159},{"sectionNumber":"141","sectionType":"section","heading":"Delegation by administrator","content":"141 Delegation by administrator\nThe administrator of an owners corporation may delegate the\nadministrator’s functions to anyone else.\nNote A function that has been delegated by the administrator may, despite the\ndelegation, be exercised by the administrator (see Legislation Act, s 240).\nFor the making of delegations and the exercise of delegated functions\ngenerally, see the Legislation Act, pt 19.4.\n\n","sortOrder":160},{"sectionNumber":"142","sectionType":"section","heading":"Mortgage insurance of unit","content":"142 Mortgage insurance of unit\nIf the interest of a unit owner is subject to a mortgage, the owner may\ntake out 1 or more policies of insurance (a mortgage insurance\npolicy) for indemnity against liability under the mortgage arising out\nof damage to, or destruction of, the unit.\n","sortOrder":161},{"sectionNumber":"143","sectionType":"section","heading":"Payment under mortgage insurance policies","content":"143 Payment under mortgage insurance policies\n(1) If a mortgage insurance policy is in force for a unit, the insurer is\nliable to pay to a mortgagee whose interest is noted on the policy the\nleast of the following amounts:\n(a) the amount insured as stated in the policy;\n(b) the amount of the loss;\n(c) the amount sufficient, at the date of the loss, to discharge the\nmortgage noted on the policy.\n(2) If the interests of 2 or more mortgagees are noted on the policy,\nsubsection (1) applies to the mortgagees in their order of registered\npriority.\n","sortOrder":162},{"sectionNumber":"144","sectionType":"section","heading":"Transfer of mortgagee’s interest to insurer","content":"144 Transfer of mortgagee’s interest to insurer\n(1) Payment by the insurer to a mortgagee under section 143 does not\nentitle the unit owner to a discharge of the mortgage.\n(2) On payment by the insurer to a mortgagee under section 143—\n(a) if the amount paid equals the amount necessary to discharge the\nmortgage—the insurer is entitled to obtain from the mortgagee\na transfer of the mortgage; or\n\nMiscellaneous Part 11\nMiscellaneous Division 11.2\n(b) if the amount paid is less than the amount necessary to discharge\nthe mortgage—the insurer is entitled to obtain from the\nmortgagee a transfer of an undivided share of the mortgagee’s\ninterest in the mortgage that bears to that interest the same\nproportion as the amount paid bears to the amount that was\nowing under the mortgage immediately before the payment.\n","sortOrder":163},{"sectionNumber":"145","sectionType":"section","heading":"Determination of fees","content":"145 Determination of fees\n(1) The Minister may determine fees for this Act (other than fees that this\nAct provides are to be fixed by an owners corporation).\n(2) A determination is a disallowable instrument.\n","sortOrder":164},{"sectionNumber":"146","sectionType":"section","heading":"Approved forms","content":"146 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":165},{"sectionNumber":"147","sectionType":"section","heading":"Regulation-making power","content":"147 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may—\n(a) exempt a units plan from the application of a provision of this\nAct; or\n(b) for schedule 3, section 3.31A (Alternative voting mechanism)—\nprescribe or prohibit a method or process that may be agreed by\nan owners corporation for voting on a matter.\n\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n(3) A regulation may create offences and fix maximum penalties of not\nmore than 60 penalty units for the offences.\n\nExecutive committees—code of conduct Part 1.1\n(see s 46 and s 56)\n","sortOrder":166},{"sectionNumber":"Part 1","sectionType":"part","heading":"1 Executive committees—code of","content":"Part 1.1 Executive committees—code of\nconduct\n1 Understanding of Act and code\nAn executive member must have—\n(a) a commitment to acquiring an understanding of the Act, as\nrelevant to the member’s role on the executive committee; and\n(b) a good understanding of this code.\n2 Honesty and fairness\nAn executive member must act honestly and fairly in exercising the\nmember’s functions as an executive member.\n3 Care and diligence\nAn executive member must exercise reasonable care and diligence in\nexercising the member’s functions as an executive member.\n4 Acting in owners corporation’s best interests\nAn executive member must act in the best interests of the owners\ncorporation in exercising the member’s functions as an executive\nmember, unless it is unlawful to do so.\n5 Complying with Act and code\nAn executive member must take reasonable steps to ensure that the\nmember complies with the Act, including this code, when exercising\nthe member’s functions as an executive member.\n\nPart 1.1 Executive committees—code of conduct\n6 Nuisance\nAn executive member must not—\n(a) cause a nuisance on the land; and\n(b) otherwise behave in a way that unreasonably affects a person’s\nlawful use or enjoyment of a unit or the common property.\n7 Unconscionable conduct\nAn executive member must not engage in unconscionable conduct in\nexercising the member’s functions as an executive member.\n1 improperly using the executive member’s position on the executive committee\nto gain, directly or indirectly, an advantage personally or for someone else\n2 exerting undue influence on, or using unfair tactics against, the owner of a unit\nin the units plan\n8 Conflict of interest\nAn executive member must disclose to the executive committee any\nconflict of interest the member may have in a matter before the\ncommittee.\n\nManagers—code of conduct Part 1.2\nPart 1.2 Managers—code of conduct\n1 Knowledge of Act and code\nA manager must have a good working knowledge and understanding\nof the Act, including this code, as relevant to the manager’s functions.\n2 Honesty, fairness and professionalism\n(1) A manager must act honestly, fairly and professionally in exercising\nthe manager’s functions.\n(2) A manager must not try to unfairly influence the outcome of an\nelection for the owners corporation executive committee.\n3 Skill, care and diligence\nA manager must exercise reasonable skill, care and diligence in\n4 Acting in owners corporation’s best interests\nA manager must act in the best interests of the owners corporation\nunless it is unlawful to do so.\n5 Keeping owners corporation informed of developments\nA manager must keep the owners corporation informed of any\nsignificant development or issue about an activity carried out for the\n6 Ensuring employees comply with Act and code\nA manager must take reasonable steps to ensure that the manager’s\nemployees comply with the Act, including this code, when exercising\nthe manager’s functions.\n\nPart 1.2 Managers—code of conduct\n7 Fraudulent or misleading conduct\nA manager must not engage in fraudulent or misleading conduct in\n8 Unconscionable conduct\nA manager must not engage in unconscionable conduct in carrying\nout the manager’s functions.\n1 taking unfair advantage of the manager’s superior knowledge relative to the\nowners corporation\n2 requiring the owners corporation to comply with conditions that are unlawful\nor not reasonably necessary\n3 improperly using the executive member’s position on the executive committee\nto gain, directly or indirectly, an advantage personally or for someone else\n4 exerting undue influence on, or using unfair tactics against, the owners\ncorporation or the owner of a unit in the units plan\n9 Conflict of duty or interest\nA manager for an owners corporation (the first corporation) must not\naccept an engagement for another owners corporation if accepting the\nengagement may place the manager’s duty to, or the interests of, the\nfirst corporation in conflict with the manager’s duty to, or the interests\nof, the other owners corporation.\n10 Goods and services to be supplied at competitive prices\nA manager must take reasonable steps to ensure the goods and\nservices the manager gets for, or supplies to, the owners corporation\nare obtained or supplied at competitive prices.\n\nManagers—code of conduct Part 1.2\n11 Manager to demonstrate keeping of particular records\nIf an owners corporation or its executive committee asks the manager,\nin writing, to show that the manager has kept the owners corporation’s\nrecords as required under the Act, the manager must comply with the\nrequest within a reasonable time.\n\n(see s 36 and s 37)\nNote The executive committee exercises the functions of the owners\ncorporation (see s 35 (1)).\nWho are the members of the executive committee and how many\nmembers there must be depends on whether the owners corporation has\nhad its first annual general meeting and how many members of the\nowners corporation there are (see s 38 and s 39).\nThe executive committee must elect a chairperson, secretary and\ntreasurer (see s 40). The functions of those office-holders are set out in\nss 41 to 43.\nThe executive committee may—\n• be helped in the exercise of its functions by a person employed or\nengaged under s 45; and\n• delegate its functions to 1 or more executive members (see s 44 (1)\nor a manager (see s 58 (2)).\nAn executive committee member is protected from civil liability in\nrelation to the exercise of the member’s functions if the member acts\nhonestly and without recklessness (see s 47).\nPart 2.1 What the executive committee\nmust, may and cannot do\n2.1 Executive committee must keep minutes, and records\nand accounts\n(1) The executive committee of an owners corporation must—\n(a) keep minutes of its proceedings; and\n(b) keep minutes of proceedings at general meetings of the\ncorporation; and\n\n(c) include in the minutes of proceedings kept under paragraphs (a)\nand (b) the following:\n(i) the date, time and place of the meeting;\n(ii) the names of members present at the meeting, including (if\nauthorised) those members taking part using a method to\nhear or otherwise know what each other member taking\npart says without the members being in each other’s\npresence;\n(iii) details of proxy and absentee votes for the meeting;\n(iv) details of resolutions passed including, for special,\nunopposed and unanimous resolutions, details of the kind\nof resolution; and\n(d) keep a copy of any court order given to the owners corporation;\nand\n(e) keep any authorisation by the territory planning authority given\nto the owners corporation; and\n(f) keep proper records and books of account in relation to—\n(i) the corporation’s assets and liabilities (including all\namounts owing to and by the corporation); and\n(ii) all amounts received and paid by the corporation; and\n(g) arrange for the financial records of the units plan to be audited\nbefore the annual general meeting if either—\n(i) the number of units in the units plan is more than 100, or\nanother number prescribed by regulation; or\n(ii) the annual budget of the owners corporation is more than\n$250 000, or another amount prescribed by regulation; and\n\n(h) if the rules of the owners corporation include alternative rules—\nmaintain an up-to-date compilation of the alternative rules.\nNote If minutes or other records kept by the executive committee contain\npersonal information, the executive committee must comply with the\nAustralian Privacy Principles under the Privacy Act 1988 (Cwlth) in\nrelation to that information.\n(2) The executive committee must give a copy of the minutes of\nproceedings required under subsection (1) to each member of the\nowners corporation within 14 days after the day the meeting was held.\n(3) The executive committee must keep the documents, records and\nbooks of account for at least 7 years and make copies available for\ninspection on request by any member of the owners corporation.\n(4) The executive committee may keep and distribute the minutes,\nrecords or books of account in an electronic form.\n(5) If an owners corporation fails to comply with this section, each\n(6) It is a defence to a prosecution for an offence against this section if\n\nSection 2.1A\n2.1A Working out the annual budget for audit purposes\n(1) For section 2.1 (1) (g) (ii), the annual budget of the owners\ncorporation is the sum of—\n(a) an estimate of each of the following for the financial year in\nwhich the annual general meeting is held:\n(i) the total general fund contribution;\n(ii) if there is a special resolution under section 78 (2) (b)—the\ngeneral fund contribution payable by each unit owner, or\nunit owner in a particular class;\n(iii) the total sinking fund contribution; and\n(b) an estimate of any other amounts to be paid into the general fund\nin the financial year in which the annual general meeting is held;\nand\n(c) any other amounts held by the owners corporation for the\npurposes of managing the units plan at the beginning of the\nfinancial year in which the annual general meeting is held.\nExamples—other amounts held by owners corporation\n• sinking fund\n• special purpose fund\ngeneral fund—see section 72.\ntotal general fund contribution—see section 75 (2) (a) (i).\ntotal sinking fund contribution—see section 82 (3) (b).\n\nSection 2.2\n2.2 Executive committee must present financial statements\nat annual general meeting\nexecutive committee must present to the corporation—\n(a) annual financial statements in relation to the matters mentioned\nin section 2.1 (1) (f); and\n(b) the audit opinion (if any) in relation to the annual financial\nstatements.\n(2) Annual financial statements must cover the period from the end of the\nperiod for which the last statements were prepared (or, for the first\nannual general meeting, since the registration of the units plan), to a\nstated day (the stated day) before the annual general meeting at which\nthey are to be presented.\n(3) The annual financial statements must be presented to the annual\ngeneral meeting within 3 months from the stated day.\n(4) If an owners corporation fails to comply with this section, each\n(5) It is a defence to a prosecution for an offence against this section if\n\nSection 2.3\n2.3 Executive committee must present insurance details at\nannual general meeting\nexecutive committee must give to the corporation the following\ndetails about each insurance policy held by the corporation under this\nAct that is current at the time of the meeting:\n(a) the name of the insurer;\n(b) the amount of cover under the policy;\n(c) for a building insurance policy—details of any recent valuation\nof the insured buildings;\n(d) a summary of the type of cover under the policy;\npublic liability insurance, building insurance, personal property insurance\n(e) the amount of the premium;\n(f) the amount of any excess payable on the happening of an event\nfor which the insurance gives cover;\n(g) the date the cover expires;\n(h) the amount and type of any financial or other benefit given, or\nto be given, by the insurer, for the insurance being taken out, to\nany person.\nExample—financial or other benefit\ncommissions, discounts\n(2) If an owners corporation fails to comply with this section, each\n\nSection 2.4\n(3) It is a defence to a prosecution for an offence against this section if\n2.4 Approving use of common property\nThe executive committee of an owners corporation may approve an\napplication by a member of the corporation to use the common\nproperty if—\n(a) the use applied for is minor; and\n(b) the use will not unreasonably interfere with the reasonable use\nand enjoyment of the common property by other members of the\nExample—minor use\ninstallation of airconditioner or awning on unit that extends over common property\n2.5 Decisions about taking legal action\n(1) This section applies if the executive committee proposes to take legal\naction.\n(2) The executive committee of an owners corporation must not take\nlegal action on behalf of the owners corporation unless—\n(a) the legal action relates to the payment of a contribution under\nthe Act by a member of the corporation to the corporation; or\n(b) the costs of taking the legal action are reasonably estimated by\nthe corporation’s legal representative to be not more than the\namount prescribed by regulation; or\n\nSection 2.6\n(c) the corporation approves taking the legal action by ordinary\nNote Section 2.6 allows urgent legal action to be taken.\n(3) For this section, the executive committee of an owners corporation\ntakes legal action if the committee—\n(b) begins to defend a proceeding; or\n(c) continues, or continues to defend, a proceeding.\ncosts, of taking legal action, means the legal costs and disbursements\nincurred by the owners corporation for its legal representation for the\nlegal action.\n2.6 Taking urgent legal action\n(a) the executive committee of an owners corporation is satisfied on\nreasonable grounds that it is necessary to take legal action\nurgently on behalf of the corporation; and\n(b) the executive committee cannot reasonably get the corporation’s\napproval before taking the legal action.\n(2) The executive committee may take the legal action.\n(3) However, the executive committee must—\n(a) seek the approval of the owners corporation as soon as\npracticable after beginning the legal action; and\n(b) if the owners corporation does not approve taking the legal\naction, the executive committee must discontinue the\nproceeding or withdraw the defence.\n\nSection 2.7\n(4) For this section, the executive committee of an owners corporation\ntakes legal action if the committee—\n(b) begins to defend a proceeding.\n2.7 Decisions about staged development\n(1) This section applies to a meeting of an executive committee of an\nowners corporation for a staged development if the development has\nnot been completed.\n(2) The executive committee must not decide a matter about the\nuncompleted stages of the development.\n\nExecutive committee—meetings and procedures Part 2.2\nSection 2.8\nPart 2.2 Executive committee—meetings\nand procedures\n2.8 Meetings of executive committee\n(1) An executive committee may meet for the conduct of business when\nit decides, and may adjourn and otherwise regulate its meetings as it\nconsiders appropriate.\n(2) An executive member may call a meeting of the committee by giving\nto each other executive member not less than 7 days written notice\nstating the business that the member proposes to bring before the\nmeeting and the time and place of the meeting.\n(3) The executive committee may authorise a meeting to be held using a\nmethod of communication, or a combination of methods of\ncommunication, that allows a member taking part to hear or otherwise\nknow what each other member taking part says without the members\nbeing in each other’s presence.\na phone link, a satellite link, an internet or intranet link\n(4) A member who takes part in a meeting conducted under\nsubsection (3) is taken, for all purposes, to be present at the meeting.\n2.9 Quorum of executive committee\n(1) Business may be transacted at a meeting of an executive committee\nonly if a quorum is present at the relevant time.\n(2) A quorum is worked out as follows:\n(a) if the total number of executive members is an odd number—2\n1membersexecutiveofnumbertotal +\n\nPart 2.2 Executive committee—meetings and procedures\nSection 2.10\n(b) if the total number of executive members is an even number—\n2.10 Voting of executive committee\n(1) At meetings of an executive committee, all matters must be decided\nby a majority of the votes of the executive members present and\nvoting.\n(2) If an executive committee has only 2 members, all matters must be\ndecided by unanimous vote.\n2.11 Chairperson—meetings\n(1) At a meeting of the executive committee, the chairperson may leave\nthe chair during the meeting for any reason.\n(2) If the chairperson leaves the chair during a meeting, the executive\nmembers present must elect another executive member present to\nchair the meeting.\n(3) At a meeting of the executive committee, the chairperson—\n(a) may vote as an executive member; and\n(b) if the votes on a matter are equal—may exercise a 2nd (casting)\nvote, unless there are only 2 executive members.\nNote If there are only 2 executive members, all matters must be decided by\nunanimous vote (see s 2.10 (2)).1\nmembersexecutiveofnumbertotal +\n\n\n\n\n\n\nSection 3.1\n(see s 17)\nNote The owners corporation of a units plan is responsible for managing the\nunits plan. In managing the units plan the owners corporation is required\nto, or may, make various decisions under this Act. The members of the\nowners corporation make those decisions at general meetings. The\nfollowing provisions set out how general meetings (including annual\ngeneral meetings) must be conducted and how decisions are made at\nthose meetings.\n3.1 Conduct of general meetings\n(1) An owners corporation for a units plan may hold, adjourn and\notherwise regulate general meetings as it considers appropriate,\nsubject to this schedule.\n(2) The owners corporation may authorise a meeting to be held using a\nmethod of communication, or a combination of methods of\ncommunication, that allows a member taking part to hear or otherwise\nknow what each other member taking part says without the members\nbeing in each other’s presence.\na phone link, a satellite link, an internet or intranet link\n(3) A person who takes part in a meeting conducted under subsection (2)\nis taken, for all purposes, to be present at the meeting.\n3.2 Annual general meetings\n(1) An owners corporation for a units plan must hold an annual general\nmeeting each financial year.\n(2) Except for the first annual general meeting, an annual general meeting\nmust be held within 15 months after the last annual general meeting.\n\nSection 3.3\n3.3 First annual general meeting\n(1) The first annual general meeting of an owners corporation for a units\nplan must be held within 3 months after the registration of the units\nplan.\n(2) The first annual general meeting of an owners corporation may be\ncalled by the executive committee of the corporation or by a member\nof the corporation.\n3.4 First annual general meeting—developer to deliver\nrecords\nAt the first annual general meeting of an owners corporation for a\nunits plan, the developer must give the following records to the\ncorporation:\n(a) the statutory books and records of the corporation, up to the date\nof the meeting;\n(b) any insurance policy issued in the name of the corporation;\n(c) any plans, specifications, diagrams or drawings that relate to the\ndesign or service of the units or common property of the units\nplan, including the development approval and any condition to\nwhich the approval is subject;\n(d) the developer’s maintenance schedule for the common property;\n(e) a copy of any contract entered into by the corporation that relate\nto the common property of the units plan;\n(f) any warranty that relates to the common property of the units\nplan;\n(g) the corporation’s seal (if any);\n(h) any other document that relates to the units or common property\nof the units plan.\n\nSection 3.5\n3.5 General meetings other than annual general meetings\n(1) The executive committee of an owners corporation may call a general\nmeeting, by notice under section 3.6, whenever it considers\nappropriate.\n(2) Subsection (3) applies if the executive committee of an owners\ncorporation receives a written request (a meeting request), stating the\nmatters to be considered at the meeting, from people who are entitled\nto vote on all motions for units whose combined unit entitlement is at\nleast 1/4 of the total unit entitlement in the units plan.\n(3) The executive committee must hold a general meeting, by notice\nunder section 3.6, within 28 days after the day it receives the meeting\nrequest.\n3.6 Notice of general meetings\n(1) The executive committee of an owners corporation must give notice\nof a general meeting to—\n(a) each member of the corporation; and\n(b) each mortgagee’s representative (if any).\n(2) The executive committee must give notice of the general meeting—\n(a) so that the notice would reasonably be expected to be received\nat least 14 days before the date fixed for the meeting; or\n(b) if a motion is to be moved that requires an unopposed or\nunanimous resolution—so that the notice would reasonably be\nexpected to be received at least 21 days before the date fixed for\nthe meeting.\n(3) However, if the notice of the annual general meeting is for a units\nplan that is a retirement village—\n(a) subsection (2) does not apply; and\n\nSection 3.7\n(b) the executive committee of the owners corporation must give the\nnotice in the time mentioned in the Retirement Villages\nAct 2012, section 159 (1) (Proposed annual budget).\n3.7 Requirements for notice of general meetings\n(1) A notice of a general meeting for an owners corporation must state—\n(a) the time, date and place fixed for the meeting; and\n(b) whether the person notified is entitled to vote on all (or any)\nmotions at the meeting, and if not, why not; and\nNote Section 3.20 explains who is entitled to vote on which kinds of\nmotion. For example, if an amount is owing to the corporation in\nrelation to a particular unit at the time of the general meeting, no\nvote may be cast by the unit owner (or anyone else) for that unit on\nany motion requiring an ordinary or special resolution.\n(c) for a member who is not entitled to vote on any motion because\na mortgagee voting notice has been given—details of the notice,\nincluding the full name and address for correspondence of the\nmortgagee’s representative; and\n(d) if a motion is to be moved that requires an unopposed or\nunanimous resolution—the text of the motion and the kind of\n(2) For a notice of a general meeting given to a person entitled to vote on\nany motion, the notice must include—\n(a) a proxy form; and\n(b) an absentee voting paper for the motion in a form approved by\nthe executive committee.\n(3) For a notice of an annual general meeting, the notice must include a\ncopy of the following:\n(a) the annual financial statements of the corporation to be\npresented at the meeting;\n\nSection 3.8\n(b) the general fund budget;\n(c) if the notice is for the annual general meeting of a units plan that\nis a retirement village—the proposed annual budget and the\nstatements required under the Retirement Villages Act 2012,\nsection 159.\n3.8 Defective notice of meetings\n(1) The proceedings at a general meeting are not invalid only because a\nperson did not receive proper notice of the meeting.\n(2) However, if a person did not receive notice of the meeting in\naccordance with section 3.6 (2), the person may make a request for\nthe adjournment of the meeting by written notice to the executive\ncommittee before the day or time fixed for the start of the meeting.\n(3) A request by a person under subsection (2) may be made by someone\nelse on the person’s behalf.\n(4) If the executive committee receives a request for adjournment under\nsubsection (2), the committee must give the request to the chairperson\nof the meeting immediately after the chairperson is elected.\n(5) The chairperson may adjourn the meeting to a time, date and place to\nbe decided (by ordinary resolution) by the people present and entitled\nto vote on all motions at the meeting if the chairperson considers on\nreasonable grounds that—\n(a) notice of the meeting in accordance with section 3.6 (2) was not\ngiven to the person by or for whom the request was made; and\n(b) in the circumstances it would be unfair to allow the meeting to\ngo ahead at present.\n\nSection 3.9\n3.9 Quorum at a general meeting—owners corporation with 3\nor more members\n(1) A motion may be considered at a general meeting of an owners\ncorporation with 3 or more members only if there is present—\n(a) a quorum (a standard quorum) made up by 1 of the following:\n(i) for a units plan that is a retirement village—people entitled\nto vote (on the motion) in relation to not less than 1/3 the\ntotal number of units;\n(ii) in any other case—people entitled to vote (on the motion)\nin relation to not less than 1/2 the total number of units; or\n(b) a quorum (a reduced quorum) made up under subsection (2).\n(2) If a standard quorum is not present within ½ an hour after the motion\narises for consideration, a reduced quorum for the motion and any\nsubsequent motion considered at the meeting is made up by 2 or more\npeople present at the meeting who are entitled to vote on the motion.\n(3) If a reduced quorum is not present ½ an hour after the motion arises\nfor consideration, the meeting is adjourned to the same day in the next\nweek at the same place and time.\n(4) If a reduced quorum is present for the consideration of any motion\nand the motion is voted on, section 3.10 (Notice of reduced quorum\ndecisions and adjournments) applies to the decision on the motion.\n(5) If a reduced quorum is present for the consideration of any motion\nand the motion is not voted on, the meeting may decide to adjourn to\nthe same day in the next week at the same place and time to consider\nthe motion (and any others remaining to be considered).\n\nSection 3.10\n(6) If a general meeting is adjourned under this section (including\nparagraph (c)) and a standard quorum is not present within ½ an hour\nafter a motion arises for consideration at the adjourned meeting—\n(a) a reduced quorum is made up by the people who are then present\nand entitled to vote on the motion and any subsequent motion\nconsidered at the adjourned meeting; and\n(b) if a reduced quorum is present for the consideration of any\nmotion at the adjourned meeting, and the motion is voted on—\nthe decision on the motion must be notified under section 3.10;\nand\n(c) if the motion (or any other) is not voted on at the adjourned\nmeeting—the adjourned meeting may resolve to adjourn again\nto the same day in the next week at the same place and time to\nconsider the resolution (and any others remaining to be\nconsidered at the meeting).\n3.10 Notice of reduced quorum decisions and adjournments\n(1) If a decision (a reduced quorum decision) is made on a motion while\na reduced quorum was present for the consideration of the motion,\nwithin 14 days after the meeting the owners corporation must give\neach person mentioned in section 3.6 (1) (Notice of general meetings)\nwritten notice of the reduced quorum decision.\n(2) A reduced quorum decision notice is taken to be given—\n(a) if sent by prepaid post or email—when it is sent; and\n(b) if placed in the letterbox for mail for an occupier who is a\nmember of the corporation—when it is placed in the letterbox.\n(3) Within 4 days after a general meeting is adjourned under section 3.9,\nthe owners corporation must give each person mentioned in\nsection 3.6 (1) a written notice of the date, place and time to which\nthe meeting is adjourned.\n\nSection 3.11\n3.11 Reduced quorum decisions—effect\n(1) A reduced quorum decision takes effect 28 days after the decision\nwas made, subject to this section.\n(2) Subsection (1) does not apply if the owners corporation fails to give\nnotice of the reduced quorum decision under section 3.10 (1).\n(3) A reduced quorum decision is disallowed if, within 28 days after the\ndecision was made, the owners corporation is given a petition\nrequiring that the decision be disallowed signed by a majority of\npeople entitled to vote on the relevant motion at the time of signing\n(whether or not they were present or entitled to vote on the motion at\nthe general meeting at which the decision was made).\n(4) If, within 28 days after a reduced quorum decision is made, a motion\nis passed confirming the reduced quorum decision while a standard\nquorum is present at a general meeting for consideration of the\nconfirmation motion, the reduced quorum decision takes effect on\nconfirmation, whether or not a petition under subsection (3) is at any\ntime given to the owners corporation.\n(5) This section does not prevent a reduced quorum decision from being\nrevoked at a general meeting, whether a standard quorum or reduced\nquorum is present while the revocation motion is being considered.\n3.12 Quorum at a general meeting—owners corporation with\n2 members\n(1) A motion may only be considered at a general meeting of an owners\ncorporation with 2 members if a quorum constituted by all people\nentitled to vote on the motion is present.\n(2) If a quorum is not present within ½ an hour after the motion arises for\nconsideration, the meeting is adjourned to the same day in the next\nweek at the same place and time.\n\nSection 3.13\n3.13 Chairperson at a general meeting\n(1) The chairperson of a general meeting is the chairperson of the\nexecutive committee, unless that person—\n(a) is not present at the meeting; or\n(b) does not wish to be chairperson of the meeting.\n(2) If the executive committee’s chairperson is not present at the general\nmeeting, at the beginning of the meeting, the people present and\nentitled to vote may elect someone else who is present and entitled to\nvote as chairperson for the meeting.\n(3) The chairperson for the meeting may leave the chair during the\nmeeting for any reason.\n(4) If the chairperson leaves the chair during the meeting, the people\npresent and entitled to vote must elect another person present and\nentitled to vote as chairperson.\n\nSection 3.14\n3.14 Decision-making at general meetings\n(1) Decisions at general meetings must be made by ordinary resolution,\nunless this Act requires otherwise.\n(2) If, at a general meeting, an owners corporation makes a resolution of\na particular kind (that is, an ordinary, special, unopposed or\nunanimous resolution), a resolution of the same kind at a general\nmeeting is required to amend or revoke the earlier resolution, unless\nthis Act requires otherwise.\n3.15 Ordinary resolutions\n(1) For an owners corporation with more than 2 members, the\nrequirement for passing an ordinary resolution at a general meeting is\n(a) unless a poll is taken—the number of votes cast in favour of the\nresolution is greater than the number of votes cast against it; or\n(b) on a poll—the voting value of votes cast in favour of the\nresolution is greater than the voting value of the votes cast\nagainst it.\n(2) For an owners corporation with 1 or 2 members, the requirements for\npassing an ordinary resolution at a general meeting are that—\nNotes for s (2)—owners corporations with 1 or 2 members\n1 If the owners corporation has 2 members, both must be present to make up a\nquorum for consideration of the resolution (see s 3.12), unless either is not\nentitled to vote on the resolution (see s 3.20).\n2 An abstention for any unit does not in itself prevent an ordinary resolution\nfrom being passed, if at least 1 vote is cast in favour of the resolution.\n\nResolutions at general meetings Part 3.2\nSection 3.16\n3 A vote may be cast for a unit on an ordinary resolution even if an amount\nowing to the owners corporation remains unpaid (see s 3.20 (3)).\n3.16 Special resolutions\n(1) For an owners corporation with more than 3 members, the\nrequirements for passing a special resolution at a general meeting are\n(a) unless a poll is taken—\n(i) the number of votes cast in favour of the resolution is\ngreater than the number of votes cast against it; and\n(ii) the votes cast against the resolution number not more than\n1/4 of the total number of votes that can be cast on the\nresolution by people present at the meeting (including\nproxy votes); or\n(b) on a poll—\n(i) the voting value of votes cast in favour of the resolution is\ngreater than the voting value of the votes cast against it;\nand\n(ii) the voting value of votes cast against the resolution is not\nmore than 1/4 of the voting value of the total number of\nvotes that can be cast on the resolution by people present\nat the meeting (including proxy votes).\n(2) For an owners corporation with 3 members, the requirements for\npassing a special resolution at a general meeting are that—\n(a) unless a poll is taken—\n(i) the number of votes cast in favour of the resolution is\ngreater than the number of votes cast against it; and\n\nSection 3.17\n(ii) the votes cast against the resolution number less than 1/3 of\nthe total number of votes that can be cast on the resolution\nby people present at the meeting (including proxy votes);\nor\n(b) on a poll—\n(i) the voting value of votes cast in favour of the resolution is\ngreater than the voting value of the votes cast against it;\nand\n(ii) the voting value of votes cast against the resolution is less\nthan 1/3 of the voting value of the total number of votes that\ncan be cast on the resolution by people present at the\nmeeting (including proxy votes).\n(3) For an owners corporation with 1 or 2 members, the requirements for\npassing a special resolution at a general meeting are that—\nNotes for s (3)—owners corporations with 1 or 2 members\n1 If the owners corporation has 2 members, both must be present to make up a\nquorum for consideration of the resolution (see s 3.12), unless either is not\nentitled to vote on the resolution (see s 3.20).\n2 An abstention for any unit does not in itself prevent a special resolution from\nbeing passed, if at least 1 vote is cast in favour of the resolution.\n3 A vote may be cast for a unit on a special resolution even if an amount owing\nto the owners corporation remains unpaid (see s 3.20 (3)).\n3.17 Unopposed resolutions\nThe requirements for passing an unopposed resolution at a general\nmeeting are that—\n\nResolutions at general meetings Part 3.2\nSection 3.18\nNote 1 An abstention for any unit does not in itself prevent an unopposed\nresolution from being passed, if at least 1 vote is cast in favour of\nthe resolution.\nNote 2 If the owners corporation has 2 members, both must be present to\nmake up a quorum for consideration of the resolution (see s 3.12),\nunless either is not entitled to vote on the resolution (see s 3.20).\n3.18 Unanimous resolutions\n(1) For an owners corporation with more than 2 members, the\nrequirements for passing a unanimous resolution at a general meeting\nare that—\n(a) each person entitled to vote on the resolution—\n(i) is present at the meeting; or\n(ii) has given another person present at the meeting a proxy\npermitting the person to vote on the resolution; or\n(iii) has cast an absentee vote on the resolution; and\n(b) no votes are cast against the resolution; and\n(c) at least 1 vote is cast in favour of the resolution.\n(2) For an owners corporation with 1 or 2 members, the requirements for\npassing a unanimous resolution at a general meeting are that—\nNote 1 An abstention for any unit does not in itself prevent a unanimous\nresolution from being passed, if at least 1 vote is cast in favour of the\nNote 2 If the owners corporation has 2 members, both must be present to make\nup a quorum for consideration of the resolution (see s 3.12), unless either\nis not entitled to vote on the resolution (see s 3.20).\n\nSection 3.19\n3.19 Evidence of resolutions of owners corporation\nEvidence of the following facts about a resolution of an owners\ncorporation may be given by a certificate issued by the executive\ncommittee:\n(a) the fact that at a general meeting held on a stated date a\nresolution in the terms set out in the certificate was passed;\n(b) the fact that the resolution was an ordinary, special, unopposed\nor unanimous resolution.\n\nSection 3.20\n3.20 Who is entitled to vote?\n(1) The people entitled to vote on a motion at a general meeting of an\nowners corporation are as follows:\n(a) for a unit owned by a single individual—the unit owner;\n(b) for a unit owned by a single company—the company’s\nrepresentative;\n(c) for a unit owned by 2 or more part-owners—the part-owners’\nrepresentative.\n(2) However, if a unit is subject to a mortgage and a mortgagee voting\nnotice is in force for the unit, the person entitled to vote for the unit\nis the mortgagee’s representative rather than the relevant person\nmentioned in subsection (1).\n(3) If the owners corporation has 3 or more members, a person is only\nentitled to vote for a unit on a motion requiring an ordinary or special\nresolution if all amounts payable to the owners corporation for the\nunit have been paid.\n(4) In addition, a person is not entitled to vote on a motion at a general\nmeeting if an ACAT order requires the person to not vote on the\nmotion or at the meeting.\n3.21 General meeting—decisions about staged development\n(1) This section applies to a motion at a general meeting of an owners\ncorporation for a staged development if the development has not been\ncompleted.\n(2) The people entitled to vote on the motion are as follows:\n(a) if the motion is only about an uncompleted stage of the\ndevelopment—the people entitled to vote under section 3.20 in\nrelation to units in the uncompleted stages of the development;\n\nSection 3.21A\n(b) if the motion is only about a completed stage of the\ndevelopment—the people entitled to vote under section 3.20 in\nrelation to units in the completed stages of the development;\n(c) in any other case—the people entitled to vote under section 3.20.\n3.21A General meeting—decisions about defective building\nwork\n(1) This section applies to a motion at a general meeting of an owners\ncorporation in relation to defective building work.\n(2) The developer of the units plan is not entitled to vote, or exercise a\nproxy vote, in relation to the motion unless—\n(a) the members of the owners corporation, other than the\ndeveloper, pass a special resolution allowing the developer to\nvote; or\n(b) the ACAT makes a declaration under subsection (3).\n(3) On application, the ACAT may make a declaration that the developer\nmay vote on a motion if—\n(a) the ACAT is satisfied, to the extent practicable, that the\ndeveloper is not likely to be responsible for the defective\nbuilding work; or\n(b) taking into account the interests of the owners corporation, the\nindividual unit owners and the developer—barring the\ndeveloper from voting would be unreasonable.\n(4) This section does not apply if the developer owns all of the units in\nthe units plan.\n3.22 One vote—1 unit\nA single vote is exercisable for each unit at a general meeting.\n\nSection 3.23\n3.23 Voting by mortgagees\n(1) If the interest of a unit owner is subject to a mortgage, the mortgagee\nmay give the owners corporation written notice (a mortgagee voting\nnotice) that—\n(a) the unit is subject to the mortgage; and\n(b) the mortgagee proposes to exercise the voting right given under\nsection 3.20 (2); and\n(c) an individual named in the notice (the mortgagee’s\nrepresentative) is authorised to vote at general meetings for the\nunit on behalf of the mortgagee, instead of the person otherwise\nentitled to vote for the unit.\n(2) The mortgagee voting notice must state the full name and address for\ncorrespondence of the mortgagee’s representative.\n(3) If a unit is owned by 2 or more part-owners, and the interest of 1 of\nthe owners who has more than a ½ share in the unit is subject to a\nmortgage, the mortgagee may give a mortgagee voting notice under\nthis section.\n(4) If the interest of a unit owner is subject to 2 or more mortgages, this\nsection applies only to the mortgagee whose mortgage has priority.\n3.24 Mortgagee voting notice—amendment and revocation\n(1) The mortgagee may change the mortgagee’s representative by written\nnotice to the owners corporation.\n(2) The notice of change of representative must—\n(b) be signed by the mortgagee.\n\nSection 3.25\n(3) The mortgagee’s representative may change the address for\ncorrespondence by written notice to the owners corporation of the\nchange.\n(4) The notice of change of address must be signed by the representative.\n(5) A mortgagee voting notice—\n(a) is revoked when the mortgagee gives written notice of\nrevocation to the owners corporation; or\n(b) is taken to be revoked when the mortgage is discharged.\n(6) A mortgagee who has given a mortgagee voting notice to an owners\ncorporation commits an offence if, without reasonable excuse, the\nmortgagee fails to give written notice to the corporation of the\ndischarge of the mortgage within 14 days after the discharge.\n3.25 Evidence of mortgagee’s entitlement to vote\nEvidence of any of the following facts may be given by a certificate\nissued by the executive committee:\n(a) the fact that the authorisation of a named mortgagee’s\nrepresentative to vote for a stated unit was in force on a stated\ndate;\n(b) the fact that a stated address for correspondence for a\nmortgagee’s representative was the latest address for\ncorrespondence for the representative notified to the corporation\non a stated date;\n(c) the fact that notice of the revocation of a mortgagee voting\nnotice was given to the owners corporation by a named\nmortgagee on a stated date;\n(d) the fact that notice of the discharge of a mortgage was given to\nthe owners corporation on a stated date.\n\nSection 3.26\n3.26 Proxy votes\n(1) Votes at a general meeting may be cast by proxy (whether or not a\npoll is demanded).\nNote Also, a proxy form must accompany the notice of general meeting (see\ns 3.7 (2) (a)).\n(2) A person entitled to vote at a general meeting of an owners\ncorporation must not—\n(a) appoint a proxy for more than 1 year after the day the\nappointment is made; or\n(b) appoint a person as a proxy if the person is—\n(i) the manager; or\n(ii) a service contractor.\n(3) A person, other than the chairperson, must not exercise more than the\nfollowing number of proxy votes in a vote on a matter at a general\nmeeting:\n(a) if there are more than 20 units in the units plan—a number that\nis not more than 5% of the total number of units;\n(b) in any other case—1.\n(4) If a person holds more proxy votes than they can exercise under\nsubsection (3), the chairperson must exercise the excess proxy votes.\n3.27 Proxy votes—limit on developer\n(1) This section applies to a developer of a units plan who is appointed\nas the proxy under a contract for the sale of a unit in the units plan.\n(2) The developer must not exercise 3 or more proxy votes in a vote on a\nmatter at a general meeting of the owners corporation for the units\nplan unless—\n(a) each contract for the sale of a unit in the units plan contains a\nproxy disclosure statement; and\n\nSection 3.28\n(b) the use of each proxy vote is consistent with the statement; and\n(c) the matter being voted on relates to development\n(the development matter) rather than the ordinary operation of\nthe owners corporation.\n(3) If the developer exercises a proxy vote in contravention of this\nsection, the proxy vote is void.\n(4) For this section, a proxy disclosure statement is a statement that\nincludes the following:\n(a) if a person is appointed as a proxy—the name of the person;\n(b) if the proxy is appointed by naming the occupant of a position—\nthe name of the position;\n(c) the length of time of the appointment;\n(d) a sufficient description of the development matter for the buyer\nof a unit to easily identify the matter.\n3.28 Value of votes\n(1) Every vote at a general meeting is of equal value, unless a poll is\ntaken.\n(2) On a poll, the value of each vote (the voting value) is the value that\nis proportional to the unit entitlement of the unit for which it is\nexercised.\n3.29 Polls\n(1) A poll may be demanded on an ordinary or special resolution at a\ngeneral meeting by anyone present and entitled to vote at the meeting.\n(2) A demand for a poll may be withdrawn.\n(3) A poll may be taken in any way the chairperson considers appropriate.\n\nSection 3.30\n(4) The result of a poll—\n(a) must be declared at the meeting by the chairperson as soon as it\nis worked out; and\n(b) decides whether or not the resolution for which the poll was\ndemanded has been carried.\n3.30 Voting by chairperson\nAt a general meeting, the chairperson may (whether or not a poll is\ndemanded)—\n(a) exercise a deliberative vote as a member; and\n(b) if there is an equality of votes—also exercise a casting vote,\nunless the owners corporation has only 2 members.\n3.31 Absentee votes\n(1) A person entitled to vote on a motion may cast an absentee vote on\nthe motion by recording the vote on an absentee voting paper and\ngiving it to the owners corporation before the meeting begins.\nNote An absentee voting form must accompany the notice of general meeting\n(see s 3.7 (2) (b)).\n(2) The absentee voting paper must be in the form approved by the\nexecutive committee.\n(3) An absentee vote under this section is a valid vote.\n(4) A person who casts an absentee vote under this section is taken to be\npresent at the general meeting at which the motion is moved (except\nfor the purposes of making up a quorum) and to have voted on the\n\nSection 3.31A\n3.31A Alternative voting mechanism\n(1) An owners corporation may, by resolution passed at a general\nmeeting, agree to a way of voting on a matter, or a class of matters,\nto be decided by the owners corporation.\n(2) A person is entitled to vote on a matter under subsection (1) only if\nthe person would be entitled to vote on the matter if the matter was\nconsidered at a general meeting.\n3.32 People under 18 or under other legal disabilities\n(1) The right of a person to vote at a general meeting must not be\nexercised by the person if—\n(a) the person is under 18 years old; or\n(b) the person is under any other legal disability preventing the\nperson from dealing with the person’s property.\n(2) The right to vote of an incapacitated person (under subsection (1))\nmay be exercised—\n(a) if the person is under 18 years old—by the person’s parent or\nguardian; or\n(b) if the person is under any other legal disability—by a person for\nthe time being authorised by law to control the person’s\n3.33 Declaration by chairperson of result of voting\n(1) A declaration by the chairperson of the meeting that a motion has\nbeen passed is conclusive evidence of the fact without proof of the\nnumber or proportion of votes recorded against or in favour of the\nmotion.\n\nSection 3.33\n(2) Subsection (1) does not apply if—\n(a) a poll is demanded; or\n(b) a unanimous resolution is required.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• appoint\n• bankrupt or personally insolvent\n• contravene\n• corporation\n• director-general\n• exercise\n• function\n• individual\n• registrar-general\n• territory planning authority.\naddress for correspondence, of a company, means the address of the\ncompany’s office, as registered under the law under which the\ncompany is incorporated (if provided by the law).\nadministration order—see section 136.\nadministrative fund, for division 5.2 (Administrative, special\npurpose and sinking funds)—see section 73.\nadministrator, of an owners corporation, means a person who is\nappointed as the administrator of the corporation under part 10\n(Administrators).\nalternative rules means rules other than the default rules.\nappoint includes engage.\nassistance animal—see the Discrimination Act 1991,\nsection 5AA (3).\n\naudit means an audit conducted by a person who—\n(a) is not a member of, or manager for, the owners corporation; and\n(b) has not prepared or assisted in the preparation of the\ncorporations accounts; and\n(c) has the qualifications prescribed by regulation.\nbuilding—\n(a) for this Act generally—see the Unit Titles Act 2001, dictionary;\nand\n(b) for division 5.4 (Insurance)—see section 99.\nbuilding and development provision, in relation to a lease—see the\nPlanning Act 2023, section 256.\nbuilding management statement—see the Land Titles Act 1925,\nsection 123C (1).\nclass A unit—see the Unit Titles Act 2001, section 10.\nclass B unit—see the Unit Titles Act 2001, section 11.\ncommon property—see the Unit Titles Act 2001, section 13.\ncommunications officer, for an owners corporation, means the\nowners corporation communications officer appointed by the owners\ncorporation under section 66.\ncompany means a corporation.\nNote Corporation—see the Legislation Act, dictionary, pt 1.\ncorporate register—see section 113.\ncourt includes the ACAT.\ndeclared land sublease—see the Planning Act 2023, section 365 (1).\ndefault rules means the default rules prescribed by regulation.\ndeveloper—see the Unit Titles Act 2001, dictionary.\n\ndeveloper control period, for a units plan, means the period that—\n(a) starts on the day the owners corporation for the units plan is\nestablished; and\n(b) ends on the day people other than the developer hold 1/3 or more\nof the unit entitlements for the units plan.\ndeveloper’s maintenance schedule—see section 25.\ndevelopment, of a unit or common property—see the Unit Titles\nAct 2001, dictionary.\neligible person, for a unit or common property, means—\n(a) the owner, or another person with an interest in the unit, or in an\neasement over the common property; or\n(b) for a unit that is owned, or part-owned, by a company—the\nrepresentative of the company; or\n(c) anyone authorised in writing by a person mentioned in\nparagraph (a) or (b); or\n(d) in relation to the administration of this Act—the territory\nplanning authority.\nentitled to vote, in relation to a motion at a general meeting of an\nowners corporation, means a person who is entitled to vote on the\nmotion under schedule 3, section 3.20.\nexecutive committee, of an owners corporation, means the executive\ncommittee of the corporation established under section 34.\nexecutive member means a member of an executive committee.\nexpected sinking fund expenditure, for division 5.2 (Administrative,\nspecial purpose and sinking funds)—see section 83.\nfinanced service contract, for part 9 (Protection of financiers for\nservice contracts)—see section 130.\n\nfinancial year, for an owners corporation, means—\n(a) a period of 12 months beginning on 1 July; or\n(b) any other period of 12 months decided by the owners\nfinancier, for part 9 (Protection of financiers for service contracts)—\nsee section 131.\nfull name, of a company, means the full name of the company\ntogether with the full name of its secretary or public officer (or an\nequivalent office-holder).\ngeneral fund, of an owners corporation, for division 5.2\n(Administrative, special purpose and sinking funds)—see section 72.\ngeneral fund budget, for division 5.2 (Administrative, special\npurpose and sinking funds)—see section 75 (1).\ngeneral fund contribution—see section 78 (1).\ngrantee means the person granted a special privilege.\ninstall includes build, place, connect or erect.\ninterest—see the Unit Titles Act 2001, dictionary.\ninterested party, for an administration order—see section 136 (Who\nmay apply for an administration order?).\nland means—\n(a) for this Act generally—the land subdivided by the units plan;\nand\n(b) for division 5.4 (Insurance)—see section 99.\nlease, of a unit or common property—see the Unit Titles Act 2001,\ndictionary.\nlessee—see the Unit Titles Act 2001, dictionary.\n\nmaintenance, of a building, a facility for a utility service or a utility\nconduit, means maintenance in good repair and working order, and\nincludes—\n(a) repair; and\n(b) replacement; and\n(c) renewal; and\n(d) restoration.\nmaintenance requirement means the obligation to undertake the\nmaintenance of the common property that is the subject of the special\nprivilege granted to the grantee.\nmanagement contract, for division 4.2 (Managers)—see section 49.\nmanagement services, for division 4.2 (Managers)—see section 49.\nmanager, for division 4.2 (Managers)—see section 49.\nmember, of an owners corporation, is a member under section 10.\nmortgage means a registered mortgage, or a registered encumbrance,\nwithin the meaning of the Land Titles Act 1925.\nmortgagee means—\n(a) for a unit—the registered proprietor of a mortgage of the lease\nof the unit; or\n(b) in any other case—the registered proprietor of a mortgage.\nmortgagee voting notice—see schedule 3, section 3.23 (Voting by\nmortgagees).\nmortgage insurance policy—see section 142.\nordinary resolution means a resolution of a general meeting passed\nas required by schedule 3, section 3.15.\n\nowner means—\n(a) for a unit—the registered proprietor of the lease of the unit and\nincludes a part-owner; or\nNote The term unit owner is also defined in the dictionary with the same\nmeaning.\n(b) for common property—the owners corporation.\nowners corporation, for a units plan, means a corporation established\nunder section 8.\npart-owner, of a unit, means a person registered as a joint tenant or\ntenant in common in relation to the unit.\nNote Joint proprietors of a unit must be registered as either joint tenants or\ntenants in common (see Land Titles Act 1925, s 54).\npet friendly rule—see section 112C.\nproportional share, of a contribution payable for a unit, is the\nproportion of the total contributions payable for all units worked out\nas follows:\nproprietor, of an interest in land—see the Unit Titles Act 2001,\ndictionary.\nreduced quorum—see schedule 3, section 3.9 (Quorum at a general\nmeeting—owners corporations with 3 or more members).\nreduced quorum decision—see schedule 3, section 3.10 (Notice of\nreduced quorum decisions and adjournments).\nregistered—see the Unit Titles Act 2001, dictionary.\nrepresentative—\n(a) for the part-owners of a unit—see section 11 (Part-owners of\nunits—authorisation of representatives); ortentitlemenunittotal\nunitsofgrouporunittheoftentitlemenunit\nonscontributitotal \n\n(b) for a company that is the owner or a part-owner of a unit—see\nsection 13 (Company-owned units—authorisation of\nrepresentatives); or\n(c) for a mortgagee that has given a mortgagee voting notice to an\nowners corporation—see schedule 3, section 3.23 (Voting by\nmortgagees).\nretirement village—see the Retirement Villages Act 2012, section 10.\nrule, for an owners corporation, means a rule of the owners\ncorporation under section 106.\nrule infringement notice—see section 109 (2).\nsecretary, for an owners corporation, means the secretary of the\ncorporation elected under section 40.\nservice contract, for division 4.3 (Service contractors)—see\nsection 59.\nservice contractor, for division 4.3 (Service contractors)—see\nsection 59.\nservice contractor services, for division 4.3 (Service contractors)—\nsee section 59.\nsinking fund, for division 5.2 (Administrative, special purpose and\nsinking funds)—see section 81 (2).\nsinking fund contribution—see section 89 (1).\nsinking fund plan, for division 5.2 (Administrative, special purpose\nand sinking funds)—see section 82 (2).\nspecial privilege means a right, other than a sublease, granted to a\nperson to use the common property of a units plan in a manner that is\nadditional to, or restrictive of, the rights of other people (who are not\ngranted the special privilege) to use the common property.\nspecial privilege rule—see section 112A (1).\n\nspecial purpose fund, for division 5.2 (Administrative, special\npurpose and sinking funds)—see section 74 (1).\nspecial resolution means a resolution of a general meeting passed as\nrequired by schedule 3, section 3.16.\nstaged development—see the Unit Titles Act 2001, section 17 (4)\n(Unit title applications—general requirements).\nstandard quorum—see schedule 3, section 3.9 (Quorum at a general\nmeeting—owners corporations with 3 or more members).\nsustainability infrastructure—\n(a) means infrastructure or equipment that—\n(i) if installed in relation to a units plan—\n(A) improves the environmental sustainability of the\nunits; or\n(B) reduces the environmental impact of the owners\ncorporation and the units owners; and\n(ii) if installed in relation to a unit—\n(A) improves the environmental sustainability of the unit;\nor\n(B) reduces the environmental impact of the unit; and\n(b) includes related utility service connections and equipment.\ntotal general fund contribution, for division 5.2 (Administrative,\nspecial purpose and sinking funds)—see section 75 (2) (a).\ntotal sinking fund contribution, for division 5.2 (Administrative,\nspecial purpose and sinking funds)—see section 82 (3) (b).\ntreasurer, for an owners corporation, means the treasurer of the\ncorporation elected under section 40.\nunanimous resolution means a resolution of a general meeting\npassed as required by schedule 3, section 3.18.\n\nunit—see the Unit Titles Act 2001, section 9.\nunit entitlement—see the Unit Titles Act 2001, section 8.\nunit owner means the registered proprietor of the lease of the unit and\nincludes a part-owner.\nNote The term owner is also defined in the dictionary with the same meaning.\nunits plan—see the Unit Titles Act 2001, dictionary.\nunit title rental certificate—see section 119 (1) (c).\nunit title sale certificate—see section 119 (1) (a).\nunit title sale update certificate—see section 119 (1) (b).\nunopposed resolution means a resolution of a general meeting passed\nas required by schedule 3, section 3.17.\nutility conduit—see the Unit Titles Act 2001, dictionary.\nutility infrastructure means infrastructure and equipment necessary\nfor, or related to, the provision of utility services.\nutility services—see the Unit Titles Act 2001, dictionary.\nvoting value—see schedule 3, section 3.28 (2).\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nUnit Titles (Management) Act 2011 A2011-41\nnotified LR 3 November 2011\ns 1, s 2 commenced 3 November 2011 (LA s 75 (1))\nremainder commenced 30 March 2012 (s 2 and CN2012-6)\nas amended by\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.51\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.51 commenced 5 June 2012 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2012\nA2012-30 sch 1 pt 1.5\nnotified LR 13 June 2012\ns 1, s 2 commenced 13 June 2012 (LA s 75 (1))\nsch 1 pt 1.5 commenced 14 June 2012 (s 2)\nJustice and Community Safety Legislation Amendment Act 2013\n(No 2) A2013-11 sch 1 pt 1.9\nnotified LR 28 March 2013\ns 1, s 2 commenced 28 March 2013 (LA s 75 (1))\nsch 1 pt 1.9 commenced 4 April 2013 (s 2)\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.23\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.23 commenced 17 November 2014 (s 2)\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 20\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 20 commenced 1 July 2015 (s 2 and CN2015-9)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.33\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.33 commenced 9 December 2015 (s 2)\n\nLegislation history 3\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 17\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 17 commenced 26 April 2018 (s 2)\nRetirement Villages Legislation Amendment Act 2019 A2019-10 pt 6\nnotified LR 11 April 2019\ns 1, s 2 commenced 11 April 2019 (LA s 75 (1))\npt 6 commenced 1 July 2019 (s 2 (1) and CN2019-11)\nUnit Titles Legislation Amendment Act 2020 A2020-4 pt 12\nnotified LR 27 February 2020\ns 1, s 2 commenced 27 February 2020 (LA s 75 (1))\ns 111 commenced 30 April 2020 (s 2 (1) and CN2020-11)\npt 12 remainder commenced 1 November 2020 (s 2 (1) and\nCN2020-11)\nJustice Legislation Amendment Act 2020 A2020-42 pt 29\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 29 commenced 1 November 2020 (s 2 (5) and see Unit Titles\nLegislation Amendment Act 2020 A2020-4, s 2 (1) and CN2020-11)\nPlanning and Unit Titles Legislation Amendment Act 2021 A2021-5\npt 6\nnotified LR 8 April 2021\ns 1, s 2 commenced 8 April 2021 (LA s 75 (1))\npt 6 commenced 9 April 2021 (s 2)\nPlanning and Unit Titles Legislation Amendment Act 2021 (No 2)\nA2021-25 sch 1 pt 1.4\nnotified LR 17 November 2021\ns 1, s 2 commenced 17 November 2021 (LA s 75 (1))\nsch 1 pt 1.4 commenced 18 November 2021 (s 2)\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.39\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.39 commenced 24 August 2022 (s 2)\n\nUnit Titles Legislation Amendment Act 2023 A2023-24 pt 5\nnotified LR 23 June 2023\ns 1, s 2 commenced 23 June 2023 (LA s 75 (1))\npt 5 commenced 1 July 2023 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.65\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.65 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nJustice and Community Safety Legislation Amendment Act 2023\n(No 3) A2023-57 pt 18, sch 1 pt 1.7\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 18 commenced 12 December 2023 (s 2 (1))\nsch 1 pt 1.7 commenced 12 December 2023 (s 2 (6) (b))\nBiosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.11\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nsch 2 pt 2.11 commenced 15 May 2025 (s 2 and see Biosecurity\nAct 2023 A2023-50, s 2 (2))\nHousing and Consumer Affairs Legislation Amendment Act 2024\nA2024-29 pt 10\nnotified LR 9 July 2024\ns 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2))\npt 10 commenced 16 July 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.95, sch 4 pt\n4.182\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.95, sch 4 pt 4.182 commenced 26 November 2025 (s 2 (3),\n(9))\n\nCommencement\ns 2 om LA s 89 (4)\nNotes\ns 4 (2), (3) exp 30 March 2013 (s 4 (3))\nOwners corporation—establishment\ns 8 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 8 am A2020-4 s 61; ss renum R13 LA\nOwners corporation—legal status\ns 9 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 9 am A2012-21 amdt 3.198; A2020-4 s 62\nExecution of documents by owners corporation\ns 9A ins A2020-4 s 63\nMembers of owners corporation\ns 10 hdg bracketed note exp 30 March 2013 (s 4 (3))\nPart-owners of units—authorisation of representatives\ns 11 hdg bracketed note exp 30 March 2013 (s 4 (3))\nPart-owners of units—functions of representatives\ns 12 hdg bracketed note exp 30 March 2013 (s 4 (3))\nCompany-owned units—authorisation of representatives\ns 13 hdg bracketed note exp 30 March 2013 (s 4 (3))\nCompany-owned units—functions of representatives\ns 14 hdg bracketed note exp 30 March 2013 (s 4 (3))\nEvidence of representative status\ns 15 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 15 am A2020-4 s 64\nOwners corporation—functions\ns 16 hdg bracketed note exp 30 March 2013 (s 4 (3))\nExemptions for units plans with 4 or fewer units\ns 18 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 18 om A2020-4 s 65\nCommon property\ns 19 hdg bracketed note exp 30 March 2013 (s 4 (3))\nDealings with common property\ns 20 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 20 am A2023-24 s 20; A2024-29 s 114\nDealings in property generally\ns 21 hdg bracketed note exp 30 March 2013 (s 4 (3))\n\nSpecial privileges relating to common property\ns 22 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 22 sub A2020-4 s 66\nInstallation of sustainability and utility infrastructure on common property\ns 23 am A2024-29 s 115, s 116\nMaintenance obligations\ns 24 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 24 am A2020-4 s 67; ss renum R13 LA\nDeveloper to prepare maintenance schedule\ns 25 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 25 sub A2020-4 s 68\nOther qualifications on owners corporation’s maintenance obligations\ns 26 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 26 am A2023-36 amdt 1.385\nStructural defects—owners corporation may represent members\ns 27 hdg bracketed note exp 30 March 2013 (s 4 (3))\nOwners corporation—entry to units\ns 28 hdg bracketed note exp 30 March 2013 (s 4 (3))\nWork on behalf of particular unit owners or occupiers\ns 29 hdg bracketed note exp 30 March 2013 (s 4 (3))\nRecovery of costs—agreements under s 29\ns 30 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 30 am A2015-50 amdt 3.156\nRecovery of expenditure resulting from member or unit occupier’s fault\ns 31 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 31 am A2018-9 s 116\nUnit owners etc keeping animals\ns 32 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsub A2020-4 s 69\ns 32 am A2020-4 ss 70-72; ss renum R13 LA; A2024-11 amdt 2.33\nRestriction on owners corporation during developer control period\ns 33 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 33 am A2020-4 ss 73-75\nDeveloper control period—ACAT authorisation of actions\ns 33A ins A2020-4 s 76\nConsent to building management statements for existing buildings\ns 33B ins A2023-24 s 21\nam A2023-57 amdt 1.12\n\nExecutive committee—establishment\ns 34 hdg bracketed note exp 30 March 2013 (s 4 (3))\nExecutive committee—functions\ns 35 hdg bracketed note exp 30 March 2013 (s 4 (3))\nExecutive committee—before the first annual general meeting\ns 38 hdg bracketed note exp 30 March 2013 (s 4 (3))\nExecutive committee—at and from the first annual general meeting\ns 39 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 39 am A2020-4 ss 77-80; A2024-29 s 117\nExecutive committee—additional requirements for mixed use units plan\ns 39A ins A2020-4 s 81\nExecutive committee—office-holders\ns 40 hdg bracketed note exp 30 March 2013 (s 4 (3))\nExecutive committee—chairperson’s functions\ns 41 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 41 am A2020-4 s 82, s 83; A2025-29 amdt 4.185\nExecutive committee—secretary’s functions\ns 42 hdg bracketed note exp 30 March 2013 (s 4 (3))\nExecutive committee—treasurer’s functions\ns 43 hdg bracketed note exp 30 March 2013 (s 4 (3))\nExecutive committee—delegation\ns 44 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 44 am A2020-4 s 84\nExecutive committee—contractors and employees\ns 45 hdg bracketed note exp 30 March 2013 (s 4 (3))\nExecutive committee—validity of acts\ns 48 hdg bracketed note exp 30 March 2013 (s 4 (3))\nManager—contract\ns 50 hdg bracketed note exp 30 March 2013 (s 4 (3))\nManager not to be contracted for longer than 3 years\ns 51 hdg bracketed note exp 30 March 2013 (s 4 (3))\nManager—functions\ns 52 hdg bracketed note exp 30 March 2013 (s 4 (3))\nManager—ending contract\ns 54 hdg bracketed note exp 30 March 2013 (s 4 (3))\nManager—remedial breaches\ns 55 hdg bracketed note exp 30 March 2013 (s 4 (3))\n\nManager—code of conduct\ns 56 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 56 am A2020-4 s 85\nManager—public liability insurance\ns 57 hdg bracketed note exp 30 March 2013 (s 4 (3))\nManager—delegated functions\ns 58 hdg bracketed note exp 30 March 2013 (s 4 (3))\nDefinitions—div 4.3\ns 59 hdg bracketed note exp 30 March 2013 (s 4 (3))\nService contractor—contract\ns 60 hdg bracketed note exp 30 March 2013 (s 4 (3))\nService contractor not to be contracted for longer than 25 years\ns 61 hdg bracketed note exp 30 March 2013 (s 4 (3))\nService contractor—functions\ns 62 hdg bracketed note exp 30 March 2013 (s 4 (3))\nService contractor—transfer\ns 63 hdg bracketed note exp 30 March 2013 (s 4 (3))\nService contractor—ending contract\ns 64 hdg bracketed note exp 30 March 2013 (s 4 (3))\nService contractor—remedial breaches\ns 65 hdg bracketed note exp 30 March 2013 (s 4 (3))\nCommunications officer—appointment\ns 66 hdg bracketed note exp 30 March 2013 (s 4 (3))\nCommunications officer—function\ns 67 hdg bracketed note exp 30 March 2013 (s 4 (3))\nOwners corporation must have bank account\ns 68 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 68 am A2020-42 s 145\nOwners corporation may invest\ns 69 hdg bracketed note exp 30 March 2013 (s 4 (3))\nOwners corporation may borrow\ns 70 hdg bracketed note exp 30 March 2013 (s 4 (3))\nOwners corporation must not carry on business\ns 71 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 71 am A2024-29 s 118\n\nDefinitions—div 5.2\ns 72 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 72 def general fund contribution om A2023-24 s 22\ndef total sinking fund amount om A2013-11 amdt 1.26\ndef total sinking fund contribution ins A2013-11 amdt 1.26\nAdministrative fund\ns 73 hdg bracketed note exp 30 March 2013 (s 4 (3))\nSpecial purpose fund\ns 74 hdg bracketed note exp 30 March 2013 (s 4 (3))\nGeneral fund—budget\ns 75 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 75 am A2019-10 s 38; A2020-4 s 86; A2024-29 s 119; pars\nrenum R21 LA\nGeneral fund—what must be paid into the fund?\ns 76 am A2024-29 s 120; pars renum R21 LA\nGeneral fund—what can fund be used for?\ns 77 hdg bracketed note exp 30 March 2013 (s 4 (3))\nGeneral fund—contributions\ns 78 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 78 am A2020-4 s 87, s 88; A2023-24 s 23\nGeneral fund—notice of contributions\ns 79 hdg bracketed note exp 30 March 2013 (s 4 (3))\nGeneral fund—when are contributions payable?\ns 80 hdg bracketed note exp 30 March 2013 (s 4 (3))\nSinking fund\ns 81 hdg bracketed note exp 30 March 2013 (s 4 (3))\nSinking fund plan\ns 82 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 82 am A2012-30 amdt 1.25\n(2) note 1 exp 30 March 2013 (s 165 (a))\nam A2013-11 amdt 1.28; A2020-4 s 89\nSinking fund plan—meaning of expected sinking fund expenditure\ns 83 hdg bracketed note exp 30 March 2013 (s 4 (3))\nSinking fund plan—when must it be approved?\ns 84 (1) (b) note exp 30 March 2013 (s 165 (b))\nSinking fund plan—review\ns 85 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 85 (b) note exp 30 March 2013 (s 165 (c))\n\nSinking fund plan—amendment\ns 86 am A2012-30 amdt 1.26\nsub A2013-11 amdt 1.29\nSinking fund—what must be paid into the fund?\ns 87 hdg bracketed note exp 30 March 2013 (s 4 (3))\nSinking fund—what can fund be used for?\ns 88 am A2013-11 amdt 1.30\nSinking fund—contributions\ns 89 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 89 am A2013-11 amdt 1.31, amdt 1.32; A2020-4 s 90, s 91;\nA2023-24 s 23\nSinking fund—notice of contributions\ns 90 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 90 am A2013-11 amdt 1.33\nSinking fund—when are contributions payable?\ns 91 hdg bracketed note exp 30 March 2013 (s 4 (3))\nGeneral and sinking funds in staged developments\ns 92 hdg bracketed note exp 30 March 2013 (s 4 (3))\nDiscounts—amounts owing\ns 93 hdg bracketed note exp 30 March 2013 (s 4 (3))\nInterest—amounts owing\ns 94 hdg bracketed note exp 30 March 2013 (s 4 (3))\nRecovery of amounts owing\ns 95 hdg bracketed note exp 30 March 2013 (s 4 (3))\nSecurity for unpaid amounts—declaration of charge\ns 96 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 96 am A2020-4 s 92\nSecurity for unpaid amounts—discharge\ns 97 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 97 am A2020-4 s 93\nLiability of part-owners\ns 98 hdg bracketed note exp 30 March 2013 (s 4 (3))\nBuilding insurance requirements\ns 100 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 100 sub A2020-4 s 94\nLodgment of insurance claims\ns 100A ins A2020-4 s 95\nam A2023-24 s 24\n\nExemption from building insurance requirements\ns 101 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 101 am A2023-24 s 25\nPublic liability insurance by owners corporation\ns 102 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 102 am A2020-4 s 96\nApplication of insurance money by owners corporation\ns 103 hdg bracketed note exp 30 March 2013 (s 4 (3))\nAdditional insurance—owners corporation\ns 104 hdg bracketed note exp 30 March 2013 (s 4 (3))\nAdditional insurance—unit owners\ns 105 hdg bracketed note exp 30 March 2013 (s 4 (3))\nRules—generally\ndiv 6.1 hdg ins A2020-4 s 97\nWhat are the rules of an owners corporation?\ns 106 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 106 notes 2, 3 exp 30 March 2013 (s 165 (d))\nsub A2020-4 s 98\nam A2023-24 s 26, s 27\nEffect of rules\ns 107 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 107 am A2020-4 s 99, s 100\nOwners corporation may make alternative rules\ns 108 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 108 am A2019-10 s 39; ss renum R11 LA\nsub A2020-4 s 101\nam A2023-24 s 28, s 29\nEffect of registration of alternative rule\ns 108A ins A2020-4 s 101\nam A2023-24 s 30, s 31\nBreach of rules—rule infringement notice\ns 109 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 109 am A2025-29 amdt 4.185\nBreach of rules—failure to comply with rule infringement notice\ns 110 hdg bracketed note exp 30 March 2013 (s 4 (3))\nBreach of rules—request for rule infringement notice\ns 111 hdg bracketed note exp 30 March 2013 (s 4 (3))\nApplication of Legislation Act\ns 112 hdg bracketed note exp 30 March 2013 (s 4 (3))\n\nRules—particular matters\ndiv 6.2 hdg ins A2020-4 s 102\nSpecial privileges in relation to common property\nsdiv 6.2.1 hdg ins A2020-4 s 102\nGrant of special privileges in relation to common property\ns 112A ins A2020-4 s 102\nam A2023-24 s 32\nAmendment or revocation of special privilege rule\ns 112B ins A2020-4 s 102\nRules about animals\nsdiv 6.2.2 hdg ins A2020-4 s 102\nOwners corporation may make pet friendly rule\ns 112C ins A2020-4 s 102\nCorporate register—establishment\ns 113 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 113 am A2014-49 amdt 1.49\nCorporate register—information to be included\ns 114 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 114 am A2015-19 s 135; A2023-24 s 33; A2024-29 s 121\nCorporate register—provision of information\ns 115 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 115 am A2015-19 s 136, s 137; ss renum R8 LA; A2023-24 s 34,\ns 35; pars renum R18 LA\nCorporate register—access\ns 116 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 116 am A2014-49 amdt 1.49; A2023-24 s 36, s 37\nNames and addresses of executive members\ns 117 hdg bracketed note exp 30 March 2013 (s 4 (3))\nInsurance information\ns 118 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 118 am A2020-4 s 103\nUnit title certificates\ns 119 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 119 am A2020-4 s 104, s 105; ss renum R13 LA; A2021-5 s 16;\nss renum R14 LA; A2023-24 s 38; ss renum R18 LA\nsub A2024-29 s 122\nUnit title rental certificate information\ns 119A ins A2024-29 s 122\n\nUpdating unit title rental certificate information\ns 119B ins A2024-29 s 122\nActing on information in unit title certificate\ns 120 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 120 am A2024-29 s 123\nAccess to owners corporation records\ns 120A ins A2024-29 s 124\nOffence—failure to provide information, certificate or access to owners\ncorporation records\ns 121 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsub A2024-29 s 125\ns 121 am A2024-29 ss 126-128\nOwners corporation name, address and letterbox\ns 122 hdg bracketed note exp 30 March 2013 (s 4 (3))\nService of documents on owners corporation\ns 123 hdg bracketed note exp 30 March 2013 (s 4 (3))\nService of documents on members, interested people and occupiers\ns 124 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 124 am A2023-24 s 39\nDisputes—generally\ns 125 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 125 sub A2020-4 s 106\nDisputes involving the owners corporation—particular matters\ns 126 hdg bracketed note exp 30 March 2013 (s 4 (3))\nDisputes about rules—general\ns 127 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 127 sub A2020-4 s 107\nDisputes about rules—special privilege rules\ns 128 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 128 sub A2020-4 s 107\nKinds of ACAT orders\ns 129 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 129 am A2020-4 ss 108-110; ss renum R13 LA; A2023-24 s 40\nMeaning of financed service contract and financier—pt 9\ns 130 hdg bracketed note exp 30 March 2013 (s 4 (3))\nWho is a financier for a service contract?\ns 131 hdg bracketed note exp 30 March 2013 (s 4 (3))\nFinanced service contract—notice of change\ns 132 hdg bracketed note exp 30 March 2013 (s 4 (3))\n\nFinanced service contract—limitation on ending\ns 133 hdg bracketed note exp 30 March 2013 (s 4 (3))\nFinanced service contract—person authorised to act for financier\ns 134 hdg bracketed note exp 30 March 2013 (s 4 (3))\nFinanced service contract—agreement between owners corporation and\nfinancier prohibited\ns 135 hdg bracketed note exp 30 March 2013 (s 4 (3))\nWho may apply for an administration order?\ns 136 hdg bracketed note exp 30 March 2013 (s 4 (3))\nACAT appearances and service of applications\ns 137 hdg bracketed note exp 30 March 2013 (s 4 (3))\nAppointment of administrator\ns 138 hdg bracketed note exp 30 March 2013 (s 4 (3))\nRemoval or replacement of administrator\ns 139 hdg bracketed note exp 30 March 2013 (s 4 (3))\nFunctions of administrator\ns 140 hdg bracketed note exp 30 March 2013 (s 4 (3))\nDelegation by administrator\ns 141 hdg bracketed note exp 30 March 2013 (s 4 (3))\nMortgage insurance of unit\ns 142 hdg bracketed note exp 30 March 2013 (s 4 (3))\nPayment under mortgage insurance policies\ns 143 hdg bracketed note exp 30 March 2013 (s 4 (3))\nTransfer of mortgagee’s interest to insurer\ns 144 hdg bracketed note exp 30 March 2013 (s 4 (3))\nDetermination of fees\ns 145 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 145 am A2025-29 amdt 4.185\nApproved forms\ns 146 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 146 am A2025-29 amdt 4.185\nRegulation-making power\ns 147 hdg bracketed note exp 30 March 2013 (s 4 (3))\ns 147 am A2020-4 s 111; ss renum R12 LA; A2025-29 amdt 4.185\nLegislation amended—sch 5\ns 148 om LA s 89 (3)\nTransitional\npt 12 hdg exp 30 March 2013 (s 165 (LA s 88 declaration applies))\n\nDefinitions—pt 12\ns 149 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\ndef commencement day exp 30 March 2013 (s 165 (LA s 88\ndeclaration applies))\ndef existing executive committee exp 30 March 2013 (s 165\n(LA s 88 declaration applies))\ndef existing owners corporation exp 30 March 2013 (s 165\n(LA s 88 declaration applies))\ndef UTA exp 30 March 2013 (s 165 (LA s 88 declaration\napplies))\nExisting corporations and executive committees\ns 150 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nRepresentatives\ns 151 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nManagers\ns 152 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nService contracts\ns 153 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nCommunication officers\ns 154 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nAdministrators\ns 155 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nAgreements for work on behalf of unit owners or occupiers\ns 156 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nSinking fund plans\ns 157 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nApprovals, authorisations, consents, decisions of existing owners\ncorporation etc\ns 158 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nGeneral meetings notified before commencement day\ns 159 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nArticles of pre-2001 corporation\ns 160 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nArticles of owners corporation under UTA\ns 161 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nTransitional regulations\ns 162 exp 30 March 2013 (s 165)\nUnit Titles (Management) Regulation 2011\ns 163 exp 30 March 2012 (s 163 (5) (LA s 88 declaration applies))\n\nTransitional effect—Legislation Act, s 88\ns 164 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nExpiry—pt 12 etc\ns 165 exp 30 March 2013 (s 165 (LA s 88 declaration applies))\nTransitional—Unit Titles Legislation Amendment Act 2020\npt 13 hdg ins A2020-4 s 112\nMeaning of commencement day—pt 13\ns 166 ins A2020-4 s 112\nSpecial privileges relating to common property\ns 167 ins A2020-4 s 112\nObligations in relation to maintenance schedule\ns 168 ins A2020-4 s 112\nRules\ns 169 ins A2020-4 s 112\nRules—pets in units\ns 170 ins A2020-4 s 112\nExecutive committee’s audit obligations\ns 171 ins A2020-4 s 112\nExpiry—pt 13\ns 172 ins A2020-4 s 112\nTransitional—Housing and Consumer Affairs Legislation Amendment\nAct 2024\npt 14 hdg ins A2024-29 s 129\nMeaning of commencement day—pt 14\ns 173 ins A2024-29 s 129\nUnit title certificates given before commencement day\ns 174 ins A2024-29 s 129\n\nUnit title update certificates given before commencement day\ns 175 ins A2024-29 s 129\nExpiry—pt 14\ns 176 ins A2024-29 s 129\nExecutive committee must keep minutes, and records and accounts\nsch 2, s 2.1 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 2, s 2.1 am A2014-49 amdt 1.49; A2020-4 ss 113-117; ss renum\nR13 LA; A2022-14 amdt 3.212; A2023-24 s 41; A2023-36\namdt 1.386\nWorking out the annual budget for audit purposes\nsch 2 s 2.1A ins A2023-24 s 42\nExecutive committee must present financial statements at annual general\nmeeting\nsch 2, s 2.2 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 2, s 2.2 am A2020-4 s 118\nApproving use of common property\nsch 2, s 2.4 hdg bracketed note exp 30 March 2013 (s 4 (3))\nDecisions about taking legal action\nsch 2, s 2.5 hdg bracketed note exp 30 March 2013 (s 4 (3))\nTaking urgent legal action\nsch 2, s 2.6 hdg bracketed note exp 30 March 2013 (s 4 (3))\nDecisions about staged development\nsch 2, s 2.7 hdg bracketed note exp 30 March 2013 (s 4 (3))\nMeetings of executive committee\nsch 2, s 2.8 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 2, s 2.8 am A2020-4 s 119\nQuorum of executive committee\nsch 2, s 2.9 hdg bracketed note exp 30 March 2013 (s 4 (3))\nVoting of executive committee\nsch 2, s 2.10 hdg bracketed note exp 30 March 2013 (s 4 (3))\nChairperson—meetings\nsch 2, s 2.11 hdg bracketed note exp 30 March 2013 (s 4 (3))\nConduct of general meetings\nsch 3, s 3.1 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 3, s 3.1 am A2020-4 s 120\nAnnual general meetings\nsch 3, s 3.2 hdg bracketed note exp 30 March 2013 (s 4 (3))\n\nFirst annual general meeting\nsch 3, s 3.3 hdg bracketed note exp 30 March 2013 (s 4 (3))\nFirst annual general meeting—developer to deliver records\nsch 3, s 3.4 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 3, s 3.4 am A2020-4 s 121, s 122; pars renum R13 LA\nGeneral meetings other than annual general meetings\nsch 3, s 3.5 hdg bracketed note exp 30 March 2013 (s 4 (3))\nNotice of general meetings\nsch 3, s 3.6 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 3, s 3.6 am A2019-10 s 40\nRequirements for notice of general meetings\nsch 3, s 3.7 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 3, s 3.7 am A2019-10 s 41; A2020-42 s 146; A2025-29 amdt 4.185\nDefective notice of meetings\nsch 3, s 3.8 hdg bracketed note exp 30 March 2013 (s 4 (3))\nQuorum at a general meeting—owners corporation with 3 or more members\nsch 3, s 3.9 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 3, s 3.9 am A2019-10 s 42\nNotice of reduced quorum decisions and adjournments\nsch 3, s 3.10 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 3 s 3.10 am A2023-57 s 49, s 50; ss renum R20 LA; A2025-29\namdt 4.185\nReduced quorum decisions—effect\nsch 3, s 3.11 hdg bracketed note exp 30 March 2013 (s 4 (3))\nQuorum at a general meeting—owners corporation with 2 members\nsch 3, s 3.12 hdg bracketed note exp 30 March 2013 (s 4 (3))\nChairperson at a general meeting\nsch 3, s 3.13 hdg bracketed note exp 30 March 2013 (s 4 (3))\nDecision-making at general meetings\nsch 3, s 3.14 hdg bracketed note exp 30 March 2013 (s 4 (3))\nOrdinary resolutions\nsch 3, s 3.15 hdg bracketed note exp 30 March 2013 (s 4 (3))\nSpecial resolutions\nsch 3, s 3.16 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 3, s 3.16 am A2020-4 ss 123-125; ss renum R13 LA\nUnopposed resolutions\nsch 3, s 3.17 hdg bracketed note exp 30 March 2013 (s 4 (3))\nUnanimous resolutions\nsch 3, s 3.18 hdg bracketed note exp 30 March 2013 (s 4 (3))\n\nEvidence of resolutions of owners corporation\nsch 3, s 3.19 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 3, s 3.19 am A2020-4 s 126\nWho is entitled to vote?\nsch 3, s 3.20 hdg bracketed note exp 30 March 2013 (s 4 (3))\nGeneral meeting—decisions about staged development\nsch 3, s 3.21 hdg bracketed note exp 30 March 2013 (s 4 (3))\nGeneral meeting—decisions about defective building work\nsch 3, s 3.21A ins A2020-4 s 127\nOne vote—1 unit\nsch 3, s 3.22 hdg bracketed note exp 30 March 2013 (s 4 (3))\nVoting by mortgagees\nsch 3, s 3.23 hdg bracketed note exp 30 March 2013 (s 4 (3))\nMortgagee voting notice—amendment and revocation\nsch 3, s 3.24 hdg bracketed note exp 30 March 2013 (s 4 (3))\nEvidence of mortgagee’s entitlement to vote\nsch 3, s 3.25 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 3, s 3.25 am A2020-4 s 128\nProxy votes\nsch 3, s 3.26 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 3, s 3.26 am A2020-4 s 129; A2020-42 s 147, s 148; ss renum R13 LA;\nA2021-5 s 17, s 18; ss renum R14 LA; A2025-29 amdt 4.185\nProxy votes—limit on developer\nsch 3, s 3.27 hdg bracketed note exp 30 March 2013 (s 4 (3))\nValue of votes\nsch 3, s 3.28 hdg bracketed note exp 30 March 2013 (s 4 (3))\nPolls\nsch 3, s 3.29 hdg bracketed note exp 30 March 2013 (s 4 (3))\nVoting by chairperson\nsch 3, s 3.30 hdg bracketed note exp 30 March 2013 (s 4 (3))\nAbsentee votes\nsch 3, s 3.31 hdg bracketed note exp 30 March 2013 (s 4 (3))\nAlternative voting mechanism\nsch 3, s 3.31A ins A2020-4 s 130\nPeople under 18 or under other legal disabilities\nsch 3, s 3.32 hdg bracketed note exp 30 March 2013 (s 4 (3))\nsch 3, s 3.32 am A2022-14 amdt 3.213\n\nDeclaration by chairperson of result of voting\nsch 3, s 3.33 hdg bracketed note exp 30 March 2013 (s 4 (3))\nDefault rules\nsch 4 hdg notes 2, 3 exp 30 March 2013 (s 165 (e))\nsch 4 om A2020-4 s 131\nConsequential amendments\nsch 5 om LA s 89 (3)\nNew Unit Titles (Management) Regulation\nsch 6 om R1 LA\ndict am A2012-21 amdt 3.199; A2020-4 s 132; A2023-36\namdt 1.387\ndef administration order am A2015-50 amdt 3.157\ndef alternative rules ins A2020-4 s 133\ndef assistance animal ins A2020-4 s 133\ndef audit ins A2020-4 s 133\ndef building and development provision sub A2023-36\namdt 1.388\ndef building management statement ins A2020-4 s 133\nsub A2021-25 amdt 1.7\ndef company sub A2012-21 amdt 3.200\ndef declared land sublease ins A2015-19 s 138\nsub A2023-36 amdt 1.388\ndef default rules sub A2020-4 s 134\ndef developer am A2015-50 amdt 3.158\ndef developer’s maintenance schedule ins A2020-4 s 135\ndef eligible person am A2023-36 amdt 1.389; A2024-29\ns 130, s 131\ndef executive committee representative om A2020-4 s 136\ndef grantee ins A2020-4 s 137\ndef maintenance requirement ins A2020-4 s 137\ndef manager sub A2015-50 amdt 3.159\ndef member sub A2015-50 amdt 3.159\ndef owner, occupier or user om A2020-4 s 138\ndef pet friendly rule ins A2020-4 s 139\ndef retirement village ins A2019-10 s 43\ndef rule sub A2020-4 s 140\ndef service contract sub A2015-50 amdt 3.159\ndef service contractor sub A2015-50 amdt 3.159\ndef special privilege ins A2020-4 s 141\ndef special privilege rule ins A2020-4 s 141\ndef sustainability infrastructure sub A2020-4 s 142\ndef total sinking fund amount om A2013-11 amdt 1.34\ndef total sinking fund contribution ins A2013-11 amdt 1.35\ndef unit subsidiary om A2025-29 amdt 3.347\n\ndef unit title certificate om A2024-29 s 132\ndef unit title rental certificate ins A2024-29 s 133\ndef unit title sale certificate ins A2024-29 s 133\ndef unit title sale update certificate ins A2024-29 s 133\ndef voting value am A2015-50 amdt 3.160\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n30 Mar 2012\n30 Mar 2012–\n30 Mar 2012\nnot amended new Act\n31 Mar 2012\n31 Mar 2012–\nnot amended expiry of\nprovision (s 163)\n5 June 2012–\nA2012-21 amendments by\nA2012-21\n14 June 2012–\n30 Mar 2013\nA2012-30 amendments by\nA2012-30\n31 Mar 2013\n31 Mar 2013–\n3 Apr 2013\nA2012-30 expiry of provisions\n(s 4 (2), (3), pt 12\n(ss 149-165),\ncertain notes in pt\n5, pt 6, sch 4 and\nbracketed heading\nnotes)\n4 Apr 2013\n4 Apr 2013–\n16 Nov 2014\nA2013-11 amendments by\nA2013-11\n17 Nov 2014\n17 Nov 2014–\nA2014-49 amendments by\nA2014-49\n1 July 2015–\n8 Dec 2015\nA2015-19 amendments by\nA2015-19\n9 Dec 2015\n9 Dec 2015–\n25 Apr 2018\nA2015-50 amendments by\nA2015-50\n26 Apr 2018\n26 Apr 2018–\nA2018-9 amendments by\nA2018-9\n\nEarlier republications 5\nNo and date\nEffective Last\namendment\nmade by\nfor\n1 July 2019–\n29 Apr 2020\nA2019-10 amendments by\nA2019-10\n30 Apr 2020\n30 Apr 2020–\n31 Oct 2020\nA2020-4 amendments by\nA2020-4\n1 Nov 2020\n1 Nov 2020–\n8 Apr 2021\nA2020-42 amendments by\nA2020-4 and\nA2020-42\n9 Apr 2021\n9 Apr 2021–\n17 Nov 2021\nA2021-5 amendments by\nA2021-5\n18 Nov 2021\n18 Nov 2021–\n23 Aug 2022\nA2021-25 amendments by\nA2021-25\n24 Aug 2022\n24 Aug 2022–\n1 Nov 2022\nA2022-14 amendments by\nA2022-14\n2 Nov 2022\n2 Nov 2022–\nA2022-14 expiry of\nprovisions (pt 13)\n1 July 2023–\n26 Nov 2023\nA2023-24 amendments by\nA2023-24\n27 Nov 2023\n27 Nov 2023–\n11 Dec 2023\nA2023-36 amendments by\nA2023-36\n12 Dec 2023\n12 Dec 2023–\nA2023-57 amendments by\nA2023-57\n16 July 2024–\nA2024-29 amendments by\nA2024-29\n15 May 2025–\nA2024-29 amendments by\nA2024-11\n17 July 2025–\n25 Nov 2025\nA2024-29 expiry of\nprovisions (pt 14)\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":167}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since its original enactment, the Act has been materially expanded beyond a basic governance framework for owners corporations. Amendments have added detailed financial controls (sinking fund planning, contribution methodologies and audit triggers — s 82–86, sch 2 s 2.1A), protections for financiers and step-in rights for financed service contracts (pt 9, s 131–135), explicit rules for sustainability infrastructure and income-treatment (s 23), expanded record, certificate and inspection regimes (s 113–120A, s 119–119B), pet‑friendly/special privilege rules (s 112A, s 112C), and enhanced dispute and enforcement procedures through ACAT (pt 8). Those additions broaden the Act from a governance skeleton to a prescriptive regulatory system that allocates financial responsibilities, constrains contract termination rights, and creates formal protections for third-party financiers and contractors. The expansion increases administrative and compliance obligations on owners corporations and concentrates certain legal protections for financiers and contracted service providers (see cited sections)."},"complexity_factors":["Extensive length: 149 sections plus schedules and long dictionary and endnotes","Multiple defined terms and cross-references to other Acts (Unit Titles Act 2001, Land Titles Act 1925, Planning Act 2023, Retirement Villages Act 2012, Legislation Act 2001)","Four different resolution types with distinct voting/quorum rules (ordinary, special, unopposed, unanimous) and related procedural exceptions (sch 3, ss 3.14–3.18)","Layered financial regimes: administrative, special purpose and sinking funds with 10-year plans, contribution methods and notice/audit requirements (s 73–91, s 82, sch 2 s 2.1A)","Complex management and contracting rules: separate regimes for managers and service contractors including term limits, transfer approvals, remedial breaches and codes of conduct (div 4.2 & 4.3, sch 1)","Protection and special rights for financiers of service contracts with notice and step-in mechanics (pt 9, ss 131–135)","Detailed dispute resolution and ACAT powers including merits review-like powers and ability to appoint administrators (pt 8 & pt 10, ss 125–141, s 129)","Numerous exceptions, staged-development provisions and developer-control special rules (s 24(1)(a), s 33–33A, sch 3 s 3.21)","Record-keeping, inspection and certificate regimes with time limits and penalties (s 113–121, s 119–119B)","Multiple penalty provisions and regulatory delegation powers (s 121, s 71(2), s 147(3))"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes who manages a \"units plan\" (a strata/vertical subdivision): an owners corporation is created when a units plan is registered and is responsible for management (s 7, s 8, s 9).\n\n- Tells who the players are and how decisions are made:\n  - Members are unit owners (including part-owners and company representatives) and they vote at general meetings (s 10, s 11–15, sch 3).  \n  - An executive committee (3–7 members usually) runs the corporation day-to-day and must follow owners corporation resolutions (s 34–39, s 35).  \n  - Managers, service contractors and communications officers may be engaged under detailed rules (div 4.2–4.4).\n\n- Sets out property and maintenance powers and duties:\n  - Owners corporation holds common property as agent or trustee for owners and controls its use (s 19–21).  \n  - It must maintain common property and certain structural parts of buildings and prepare/keep maintenance plans (s 24–26).  \n  - It may grant short subleases for business use, special privileges, and may approve installation of sustainability or utility infrastructure subject to cost–benefit checks (s 20–23).\n\n- Creates a financial framework:\n  - Requires bank accounts, budgeting and fund types (administrative, special purpose, sinking) with rules for contributions, notices, audits and sinking fund plans (s 68, s 73–91, sch 2).  \n  - Provides mechanisms to recover unpaid amounts (debt recovery, interest, registered charge over lease) (s 93–97).\n\n- Insurances and certificates:\n  - Responsible entity must insure buildings for replacement value and maintain public liability insurance; rules about lodgement of claims and limited exemptions are included (s 100–104, s 102).  \n  - Owners corporations must issue unit title sale/rental certificates and keep corporate registers; eligible people have inspection rights (s 113–120A, s 119–119B).\n\n- Rules, enforcement and dispute resolution:\n  - Default rules apply unless owners corporation makes alternative rules by special resolution; pet-friendly and special-privilege arrangements are explicitly covered (s 106–112C).  \n  - Executive committee can issue rule infringement notices and small offences are created for non-compliance (s 109–111).  \n  - Internal disputes and many rule challenges go to the ACT Civil and Administrative Tribunal (ACAT) which has broad remedial powers (pt 8, s 125–129, sch 3).\n\n- Protections and exceptional regimes:\n  - Limits on contract lengths for managers and service contractors; transfer and approval rules for managers/service contractors; remedies for remedial breaches (div 4.2 & 4.3).  \n  - Protections for financiers of service contracts (pt 9) that restrict when a financed contract may be ended and give financiers certain rights to step into contracts (s 131–135).  \n  - ACAT can appoint administrators with the corporation’s functions displaced (pt 10, s 138–141).\n\nWho is affected\n\n- Unit owners: they pay contributions, vote at meetings, and are bound by owners corporation rules (s 78–91, s 106–107).  \n- Executive committee members: governance duties, record-keeping, codes of conduct and limited civil liability protections (s 2.1, s 46, s 47, sch 1).  \n- Developers: special limits during the \"developer control period\" (s 33–33A), restrictions on exercising votes on defective building work unless ACAT allows (sch 3 s 3.21A).  \n- Managers and service contractors: engagement, term limits, codes of conduct, transfer and remedial breach processes affect contracting and risk (div 4.2 & 4.3, sch 1).  \n- Financiers and sublessees: specific rights and notification duties under part 9 and s 20(3).  \n- Tenants/occupiers and buyers: rely on unit title certificates, insurance information and register access when buying or renting (s 119–120A, s 118).\n\nWhy it matters (official rationale, then practical testing)\n\nOfficial purpose-claims: the Act aims to clarify who manages units plans, help those who manage understand and exercise functions, assist dispute resolution, and make the law easier to use (s 6).\n\nTesting those claims against practical trade-offs and implementation features:\n\n- Clarity vs. complexity: the Act centralises detailed governance mechanics (roles, meetings, budgets, insurance, records). That increases legal clarity (who decides what, how to vote, what notices are needed – sch 3; fund rules s 75–91) but raises compliance costs for small owners corporations that must meet record-keeping, audit and insurance requirements (s 2.1, s 57, s 100, sch 2). Implementation risk: smaller schemes may need professional managers to comply, shifting expenses from volunteer committees to paid services.\n\n- Decision rules and concentration of power: decision-making is routed through owners corporation resolutions and the executive committee (s 35, sch 3). Special and unanimous resolution thresholds and developer/proxy limits (sch 3, s 3.16, s 3.27) change incentives for developers, owners and proxy holders. Where financiers of long service contracts are protected (pt 9), the law intentionally creates legal certainty for lenders but constrains owners corporations’ ability to terminate financed service contracts quickly (s 133).\n\n- Financial rigour vs. cashflow impact on owners: sinking fund planning (10-year plans, s 82–85) and contribution rules (s 78–90) aim to avoid underfunding long‑term capital work. The trade-off is predictable future levies for unit owners; owners face present cash calls to fund deferred maintenance.\n\n- Protection of third parties and private choice: the law facilitates third-party activity (subleases, sustainability infrastructure, s 20(3), s 23) but requires public liability insurance and conditions that protect owners (s 20(3)(c), s 57). That permits private contracts (e.g., a café on common property) while shifting some risk management back to the corporation.\n\n- Dispute resolution and enforcement: ACAT has wide remedial scope (s 129)—useful for quick resolution of many strata disputes, but creates administrative processes and potential for adversarial proceedings. The availability of small monetary orders and declaratory remedies provides low-cost avenues (s 129(1)(d)).\n\nWho pays and who decides (plainly)\n\n- Who pays: unit owners fund administration, recurrent maintenance and capital reserves through general and sinking fund contributions (s 76–91). Owners may recover some costs from a negligent occupier (s 31). Developers initially bear some duties (developer maintenance schedule, s 25) until ownership disperses.\n\n- Who decides: owners corporation (general meetings) makes policy and special decisions; executive committee operates day-to-day; ACAT adjudicates disputes and may appoint administrators; managers/service contractors execute delegated functions under written contracts (s 35, s 138–141, div 4.2–4.3).\n\nImplementation, compliance and risks (concise)\n\n- Compliance burden: record keeping, regular budgeting and sinking fund planning, insurance and audit thresholds (sch 2 s 2.1, s 75–86, s 100) increase administrative work and likely professional fees for many schemes.\n\n- Discretion and checks: the Act creates discretionary approvals (e.g., subleases, transfers of contracts, approvals of persons to act for financiers) but requires owners corporation or ACAT oversight and reasonableness standards (s 20(3), s 53, s 63, s 134).\n\n- Concentrated benefits / concentrated costs: protections for financiers and long service contracts (pt 9 and s 61) concentrate benefits to financiers and contractors; costs are spread across unit owners via contributions or restricted termination rights.\n\nKey implementation citation points (examples)\n\n- Establishment and status of owners corporation: s 7–9.  \n- Decision-making and meeting rules, vote types and quorums: sch 3 (particularly s 3.6–3.16, s 3.9–3.11).  \n- Funds, budgets and sinking fund planning: s 75–89 and sch 2 (s 2.1A).  \n- Manager and service contractor regimes: div 4.2 (s 50–58) and div 4.3 (s 60–65).  \n- Protections for financiers of service contracts: pt 9 (s 130–135).  \n- Dispute resolution and ACAT powers: pt 8 (s 125–129).\n\nBottom line (practical): the Act builds a detailed governance, financial and dispute architecture for strata-style communities. It shifts many governance tasks and legal obligations onto owners corporations and their executives, prescribes how money, maintenance and contracts must be handled, and balances owners’ control with protections for contractors, financiers and developers via specified procedural constraints (see the cited sections above)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":745},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2011 form. Major additions include: sustainability infrastructure provisions (2020), pet-friendly rules and animal keeping provisions (2020), communications officer roles (2020), detailed codes of conduct for managers and executive members (2020), building management statement provisions (2023), unit title rental certificates (2024), and numerous refinements to dispute resolution and financial management. The 2024 amendments also introduced new certificate requirements for rental properties, showing continued expansion into tenant protection areas."},"complexity_factors":["147 sections plus 3 detailed schedules (over 180 pages)","Extensive cross-referencing to the Unit Titles Act 2001, Land Titles Act 1925, and other legislation","Multiple types of resolutions (ordinary, special, unopposed, unanimous) with different voting thresholds","Detailed financial management requirements including 10-year sinking fund plans and staged development rules","Complex representative arrangements for part-owners, companies, and mortgagees","Nested exceptions and conditions throughout (e.g., insurance exemptions, developer control period restrictions)","Detailed procedural rules for meetings, quorums, voting, and proxies in Schedule 3","Transitional provisions and amendment history spanning 14 years of legislative changes"],"plain_english_summary":"This Act governs how **unit title schemes** (apartment buildings, townhouses, and similar developments) are managed in the ACT. When land is subdivided into units with shared common property (like lobbies, gardens, or driveways), an **owners corporation** is automatically created to manage those shared areas.\n\n**Key things the Act covers:**\n\n**Who runs things**\n- The **owners corporation** (all unit owners together) makes major decisions at **general meetings**\n- An **executive committee** (elected volunteers) handles day-to-day management\n- Professional **managers** can be hired under 3-year contracts\n- **Service contractors** can be engaged for specific tasks like cleaning or maintenance\n\n**Money matters**\n- Owners must pay **contributions** (levies) into two main funds:\n  - **General fund** — for daily running costs (insurance, cleaning, minor repairs)\n  - **Sinking fund** — for long-term capital expenses (repainting, roof replacement, major works)\n- The Act requires 10-year **sinking fund plans** to ensure money is saved for future maintenance\n- Special rules apply for **staged developments** where not all units are built yet\n\n**Rules and disputes**\n- Owners corporations can make **alternative rules** (by-laws) about how residents behave, but these can't be unfair or breach human rights\n- **Pet friendly rules** can be made to allow animals without individual approval\n- **Special privileges** can grant exclusive use of common property (like a rooftop terrace) for 3+ months\n- Disputes go to the **ACAT** (ACT Civil and Administrative Tribunal), which can make binding orders\n\n**Protections and records**\n- **Codes of conduct** apply to executive committee members and managers\n- Owners corporations must keep detailed **records** and provide **certificates** to buyers and tenants\n- **Building insurance** is mandatory, with public liability cover required\n- **Administrators** can be appointed by ACAT if an owners corporation is dysfunctional\n\n**Who it affects:** Anyone who owns, rents, or manages a unit in the ACT — including developers during the initial sales period, when special restrictions apply."}},"importantCases":[],"_links":{"self":"/api/acts/unit-titles-management-act-2011","history":"/api/acts/unit-titles-management-act-2011/history","analysis":"/api/acts/unit-titles-management-act-2011/analysis","conflicts":"/api/acts/unit-titles-management-act-2011/conflicts","importantCases":"/api/acts/unit-titles-management-act-2011/important-cases","documents":"/api/acts/unit-titles-management-act-2011/documents"}}