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Unit Titles (Management) Act 2011
129Kinds of ACAT orders
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129 Kinds of ACAT orders
(1) The ACAT may make the following orders:
(a) an order requiring a party to do, or refrain from doing, a stated
thing;
(b) an order requiring a party to exercise a function under this Act;
(c) an order requiring an owners corporation to do a stated thing that
is ancillary to a function of the corporation under this Act;
(d) an order requiring a person to pay to the Territory or someone
else an amount of not more than $1 000;
(e) a declaration—
(i) that a general meeting or executive committee meeting is
void for irregularity; or
(ii) that a resolution of a general meeting or executive
committee meeting is void for irregularity; or
(iii) that a rule of the owners corporation is invalid—
(A) because the owners corporation does not have the
power to make the rule; or
(B) under section 108 (3); or
(C) for irregularity; or
(iv) for an application made under section 127 (1) (d)—that the
rule is invalid on the ground that the method in the
resolution used to work out the proportion of fund
contributions to be paid by each unit owner is not fair;
(f) an order repealing or amending a resolution of a general meeting
or executive committee based on a merits review of the
resolution by the ACAT;
(g) an order giving effect to an unsuccessful motion for a resolution
of a general meeting (either as originally proposed or as
amended by the ACAT) if the ACAT is satisfied after a merits
review of the motion that opposition to the motion was
unreasonable;
(h) an order requiring stated accounts of an owners corporation to
be audited, whether by a stated person or a person of a stated
kind;
(i) an order allowing an applicant to examine records of the owners
corporation;
(j) an order requiring an owners corporation to make or repeal a
rule and register a copy of the resolution making or repealing the
rule;
(k) an order appointing an administrator to exercise all or stated
functions of the owners corporation, the executive committee or
an office-holder in the committee;
(l) if the dispute relates to a unit owner or occupier keeping an
animal, or allowing an animal to be kept, within the unit and the
ACAT considers that the animal causes a nuisance to the owner
or occupier of another unit, or unreasonably interferes with the
use or enjoyment of another unit or of the common property—
(i) an order to remove the animal from the premises within a
stated time; or
(ii) any other order the ACAT considers will end the nuisance
or the unreasonable interference with use or enjoyment.
(2) The ACAT may make any other order it considers reasonably
necessary or convenient to resolve a dispute under this part.
(3) A declaration by the ACAT under subsection (1) (e) (iii) or (iv) that
a rule is invalid—
(a) has effect as if the rule were repealed by special resolution of
the owners corporation on the day the declaration is made; and
(b) must be lodged by the owners corporation with the
registrar-general for the registration of alternative rules under
the Land Titles (Unit Titles) Act 1970, section 27A.
(4) In considering whether to make an order in relation to a special
privilege in relation to common property, the ACAT must have regard
to—
(a) the interests of all unit owners in the use and enjoyment of their
unit and the common property; and
(b) the rights and reasonable expectations of a person deriving or
anticipating a benefit under a special privilege in relation to the
(5) This section does not limit the orders the ACAT may make in relation
to a dispute under this part.
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