Part 1 Code of conduct for committee members
section 77
This code applies to a committee member of a scheme.
The committee member must comply with this Act in relation to the
3 Honesty, fairness and confidentiality
(1) The committee member must act honestly and fairly in relation to
(2) Without limiting subclause (1), the committee member must not
unlawfully disclose to anyone confidential information held by the
body corporate (including, for example, confidential information
about a unit owner or unit occupier).
4 Improper conduct
The committee member must not engage in conduct that would
unreasonably affect a person's lawful enjoyment of the scheme
land.
5 Conflict of interests
The committee member must disclose to the committee any conflict
of interests the member might have in relation to a matter before
the committee.
Unit Title Schemes Act 2009 75
Part 2 Code of conduct for body corporate manager
and caretaking service contractor
section 92
This code applies to a person who is acting as the body corporate
manager or a caretaking service contractor of a scheme.
The person must comply with this Act in relation to the scheme.
3 Honesty, fairness and professionalism
The person must act honestly, fairly and professionally in relation to
4 Skill, care and diligence
The person must exercise reasonable skill, care and diligence in
relation to the scheme.
5 Acting in best interests of body corporate
The person must act in the best interests of the body corporate
unless it is unlawful to do so.
6 Keeping body corporate informed
The person must keep the body corporate reasonably informed of a
matter concerning the body corporate.
7 Ensuring others comply with Act
The person must take reasonable steps to ensure everyone
employed or engaged by the person for the scheme complies with
8 Misleading conduct
The person must not engage in misleading conduct in relation to
9 Unconscionable conduct
(1) The person must not engage in unconscionable conduct in relation
to the scheme.
Unit Title Schemes Act 2009 76
(2) Without limiting subclause (1), each of the following is
unconscionable conduct in relation to the scheme:
(a) requiring the body corporate to comply with conditions that are
unlawful;
(b) exerting undue influence on the body corporate or a unit
owner or unit occupier;
(c) using unfair tactics against the body corporate or a unit owner
or unit occupier.
10 Supply at competitive prices
The person must ensure goods and services arranged by the
person to be supplied for the scheme are supplied at competitive
prices.
11 Conflict with obligations
The person must not enter into any arrangement that conflicts with
the person's obligations in relation to the scheme.
12 Record keeping
(1) The body corporate or committee may require the person to
produce records kept by the person for the scheme under this Act.
(2) The person must comply with the request.
Unit Title Schemes Act 2009 77
Part 3 Code of conduct for letting agent
section 93
This code applies to a person who is acting as a letting agent of a
The person must comply with this Act in relation to the scheme.
3 Honesty, fairness and professionalism
The person must act honestly, fairly and professionally in relation to
4 Skill, care and diligence
The person must exercise reasonable skill, care and diligence in
relation to the scheme.
5 Acting in best interests of body corporate and unit owners
The person must act in the best interests of the body corporate and
unit owners unless it is unlawful to do so.
6 Ensuring others comply with Act
The person must take reasonable steps to ensure everyone
employed or engaged by the person for the scheme complies with
7 Misleading conduct
The person must not engage in misleading conduct in relation to
8 Unconscionable conduct
(1) The person must not engage in unconscionable conduct in relation
to the scheme.
(2) Without limiting subclause (1), each of the following is
unconscionable conduct in relation to the scheme:
(a) exerting undue influence on the body corporate or a unit
owner or unit occupier;
Unit Title Schemes Act 2009 78
(b) using unfair tactics against the body corporate or a unit owner
or unit occupier.
9 Improper conduct
The person must not engage in conduct that would unreasonably
affect a person's lawful enjoyment of the scheme land.
10 Supply at competitive prices
The person must ensure goods and services arranged by the
person to be supplied for the scheme are supplied at competitive
prices.
Unit Title Schemes Act 2009 79
section 95
1 Improper conduct
(1) A unit owner or unit occupier must not:
(a) engage in conduct that would unreasonably affect a person's
lawful enjoyment of the scheme land; or
(b) allow a person (an invitee) invited by the unit owner or unit
occupier to enter the scheme land to engage in such conduct.
(2) Without limiting subclause (1), any of the following may be conduct
covered by subclause (1):
(a) creating commotion or loud noises on the scheme land;
(b) leaving things unattended on the scheme land.
2 Disturbing common property
(1) A unit owner or unit occupier must not physically disturb the
common property (including, for example, by removing vegetation
or fixtures on it) without the written approval of the body corporate.
(2) Without limiting subclause (1), the body corporate may allow a unit
owner or unit occupier to install a security device on the common
property under such an approval.
3 Parking of vehicle
A unit owner or unit occupier must not:
(a) without the written approval of the body corporate:
(i) park a vehicle in an area of the scheme land not
designated for the parking of vehicles; or
(ii) allow an invitee to park a vehicle in such an area; or
(b) without the approval of the unit owner of another unit – park a
vehicle in an area of the scheme land designated for the
parking of vehicles by the unit owner or unit occupier of the
other unit; or
(c) park a vehicle in an area of the scheme land designated for
the parking of vehicles only by invitees.
Unit Title Schemes Act 2009 80
4 Appearance of unit
(1) A unit owner or unit occupier must not, without the written approval
of the body corporate:
(a) change the external appearance of the unit; or
(b) display things (including, for example, washing or signs) on
the unit that are visible from outside the unit.
(2) Subclause (1)(b) does not affect the display of a sign for the sale or
letting of the unit.
5 Inflammable substance
(1) A unit owner or unit occupier must not, without the written approval
of the body corporate, store an inflammable substance on the
scheme land.
(2) This clause does not affect:
(a) the lawful storage of an inflammable substance for domestic
purposes in the unit; or
(b) the lawful storage of fuel in a vehicle, vessel or internal
combustion engine on the scheme land.
6 Animal
A unit owner or unit occupier must not, without the written approval
of the body corporate:
(a) bring an animal to, or keep an animal on, the scheme land; or
(b) allow an invitee to do so.
7 Approval of body corporate
(1) An approval under these by-laws must be made by a majority
resolution of the body corporate.
(2) The body corporate may, when giving the approval, specify
conditions of the approval and the period for which it is to be in
force.
(3) If no such period is specified, the approval remains in force until the
body corporate decides to cancel it by a majority resolution.
Unit Title Schemes Act 2009 81
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Unit Title Schemes Act 2009 (Act No. 14, 2009)
Assent date 26 May 2009
Commenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):
1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,
Gaz S30, 26 June 2009, p 1, s 2 Land Title and Related
Legislation Amendment Act 2008 (Act No. 3, 2008) and Gaz
S30, 26 June 2009, p 1)
Statute Law Revision Act 2009 (Act No. 25, 2009)
Assent date 1 September 2009
Commenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)
Local Government Amendment Act 2014 (Act No. 19, 2014)
Assent date 2 June 2014
Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014
(s 2)
Darwin Rates Amendment Act 2014 (Act No. 47, 2014)
Assent date 8 December 2014
Commenced 11 February 2015 (Gaz G6, 11 February 2015, p 7)
Termination of Units Plans and Unit Title Schemes Act 2014 (Act No. 48, 2014)
Assent date 8 December 2014
Commenced 1 January 2015 (s 2)
Justice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act
No. 3, 2016)
Assent date 2 March 2016
Commenced pt 3: nc (Act rep by Act No. 33, 2019, before comm);
rem: 1 May 2016 (s 2, s 2 Local Court Act 2015 (Act No. 15,
2015), Gaz G1, 6 January 2016, p 9 and Gaz G15,