Australian Capital Territory
Community Title Regulation 2002
SL2002-4
made under the
Community Title Act 2001
Republication No 2
Effective: 3 November 2004
Republication date: 3 November 2004
Regulation not amended
(republication includes editorial amendments
under Legislation Act)
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Community Title Regulation 2002, made under the Community
Title Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3
(Editorial changes)) as in force on 3 November 2004. It also includes any commencement,
repeal or expiry affecting the republished law.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced
amendment, the symbol U appears immediately before the provision heading. The text of the
uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date
is—
(a) if the person charged is an individual—$100; or
(b) if the person charged is a corporation—$500.
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Community Title Regulation 2002
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Community Title Regulation 2002
made under the
Community Title Act 2001
Contents
Page
1 Name of regulation 2
4 Notes 2
5 Sketch—Act, s 6 (b) 2
6 Additional information to be included in site plans—Act, s 6 (d) 2
7 Management statements—Act, s 7 (j) 3
8 Public liability insurance of body corporate—Act, s 38 (2) 3
9 Exemption from building insurance requirements—the Act, s 39 (2) 4
10 Community title certificate and access to body corporate records—Act,
s 56 (3) 4
Contents
Page
contents 2 Community Title Regulation 2002
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Endnotes
1 About the endnotes 5
2 Abbreviation key 5
3 Legislation history 6
4 Amendment history 6
5 Earlier republications 6
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Community Title Regulation 2002
made under the
Community Title Act 2001
Section 1
page 2 Community Title Regulation 2002
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
1 Name of regulation
This regulation is the Community Title Regulation 2002.
4 Notes
A note included in this regulation is explanatory and is not part of
the section.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
5 Sketch—Act, s 6 (b)
The sketch included in a master plan of a community title scheme
must show—
(a) any colours or textures required by the community title scheme
for the external surfaces of buildings on scheme land; and
(b) any landscaping required by the scheme.
6 Additional information to be included in site plans—Act,
s 6 (d)
A site plan must—
(a) show the lot number of each lot of scheme land shown on the
plan; and
(b) show the distances of each building on a lot of scheme land
from the boundaries of the lot; and
(c) show the proposed distances of each building to be erected on
a lot of scheme land under the community title scheme from
the boundaries of the lot; and
(d) show each road, body of water, and area, mentioned in the Act,
section 5 (3) within the boundaries of the scheme land; and
(e) be drawn to scale; and
(f) show the direction of north.
Section 7
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
7 Management statements—Act, s 7 (j)
A management statement for a community title scheme must
include—
(a) provision for the resolution of disputes between members of
the body corporate; and
(b) provision for the appointment of a conciliator or mediator, if
necessary or convenient, to assist in the resolution of disputes
between members of the body corporate; and
(c) a statement of the procedures to be adopted by a conciliator or
mediator appointed under the provisions mentioned in
paragraph (b); and
(d) provision for the payment of the fees and expenses of a
conciliator or mediator appointed under the provisions
mentioned in paragraph (b) and any other costs or expenses of
the conciliation or mediation; and
(e) provision for cases in which a person required to engage in a
dispute resolution procedure provided for by the management
statement does not enter into the procedure or continue with
the procedure until the dispute is resolved; and
(f) for a community title scheme having only 2 or 3 lots that are
not common property—provision for resolving disputes
between members of the body corporate if the other dispute
resolution procedures provided by the management statement
cannot operate because—
(i) a quorum of the body corporate cannot be obtained; or
(ii) the members of the body corporate cannot agree.
8 Public liability insurance of body corporate—Act, s 38 (2)
A body corporate of a community title scheme must take out and
maintain public liability insurance for a total amount of liability not
less than $20 000 000.
Section 9
page 4 Community Title Regulation 2002
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
9 Exemption from building insurance requirements—the
Act, s 39 (2)
A body corporate of a community title scheme may exempt itself
from the requirement to take out building insurance (under the Act,
section 39 (1)) if the replacement value of all buildings on the
common property of the community title scheme is less than
$10 000.
10 Community title certificate and access to body corporate
records—Act, s 56 (3)
The fee fixed by the body corporate of a community title scheme for
a community title certificate, or to inspect body corporate books,
records or documents, or both, must be not more than $70 (plus any
GST payable in relation to the amount).
Note Only a single fee of not more than $70 (plus any GST) is payable for a
request for a community title certificate made together with a request
for inspection of body corporate books, records or documents (see the
Act, s 56 (4)).
Endnotes
About the endnotes 1
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and
the amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the last
endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
am = amended ord = ordinance
amdt = amendment orig = original
ch = chapter par = paragraph/subparagraph
def = definition pres = present
dict = dictionary prev = previous
disallowed = disallowed by the Legislative (prev...) = previously
Assembly pt = part
div = division r = rule/subrule
exp = expires/expired renum = renumbered
Gaz = gazette reloc = relocated
hdg = heading R[X] = Republication No
IA = Interpretation Act 1967 RI = reissue
ins = inserted/added s = section/subsection
LA = Legislation Act 2001 sch = schedule
LR = legislation register sdiv = subdivision
LRA = Legislation (Republication) Act 1996 sub = substituted
mod = modified/modification SL = Subordinate Law
o = order underlining = whole or part not commenced
om = omitted/repealed or to be expired
Endnotes
3 Legislation history
page 6 Community Title Regulation 2002
Effective: 03/11/04
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
3 Legislation history
This regulation was originally the Community Title Regulations 2002. It was
renamed under the Legislation Act 2001.
Community Title Regulation 2002 SL2002-4
notified LR 5 March 2002
s 1, s 2 commenced 5 March 2002 (LA s 75)
remainder commenced 10 March 2002 (s 2, see Community Title Act
2001 s 3 and LA s 79)
4 Amendment history
Name of regulation
s 1 am R2 LA
Commencement
s 2 om LA s 89 (4)
Meaning of GST
s 3 om R2 LA
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications
are marked with an asterisk (*) in column 1. Except for the footer, electronic and
printed versions of an authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
10 Mar 2002
10 Mar 2002–
2 Nov 2004
not amended new regulation