Part 11 Executive committees—code of

Part 1.1 Executive committees—code of conduct 1 Understanding of Act and code An executive member must have— (a) a commitment to acquiring an understanding of the Act, as relevant to the member’s role on the executive committee; and (b) a good understanding of this code. 2 Honesty and fairness An executive member must act honestly and fairly in exercising the member’s functions as an executive member. 3 Care and diligence An executive member must exercise reasonable care and diligence in exercising the member’s functions as an executive member. 4 Acting in owners corporation’s best interests An executive member must act in the best interests of the owners corporation in exercising the member’s functions as an executive member, unless it is unlawful to do so. 5 Complying with Act and code An executive member must take reasonable steps to ensure that the member complies with the Act, including this code, when exercising the member’s functions as an executive member. Part 1.1 Executive committees—code of conduct 6 Nuisance An executive member must not— (a) cause a nuisance on the land; and (b) otherwise behave in a way that unreasonably affects a person’s lawful use or enjoyment of a unit or the common property. 7 Unconscionable conduct An executive member must not engage in unconscionable conduct in exercising the member’s functions as an executive member. 1 improperly using the executive member’s position on the executive committee to gain, directly or indirectly, an advantage personally or for someone else 2 exerting undue influence on, or using unfair tactics against, the owner of a unit in the units plan 8 Conflict of interest An executive member must disclose to the executive committee any conflict of interest the member may have in a matter before the committee. Managers—code of conduct Part 1.2 Part 1.2 Managers—code of conduct 1 Knowledge of Act and code A manager must have a good working knowledge and understanding of the Act, including this code, as relevant to the manager’s functions. 2 Honesty, fairness and professionalism (1) A manager must act honestly, fairly and professionally in exercising the manager’s functions. (2) A manager must not try to unfairly influence the outcome of an election for the owners corporation executive committee. 3 Skill, care and diligence A manager must exercise reasonable skill, care and diligence in 4 Acting in owners corporation’s best interests A manager must act in the best interests of the owners corporation unless it is unlawful to do so. 5 Keeping owners corporation informed of developments A manager must keep the owners corporation informed of any significant development or issue about an activity carried out for the 6 Ensuring employees comply with Act and code A manager must take reasonable steps to ensure that the manager’s employees comply with the Act, including this code, when exercising the manager’s functions. Part 1.2 Managers—code of conduct 7 Fraudulent or misleading conduct A manager must not engage in fraudulent or misleading conduct in 8 Unconscionable conduct A manager must not engage in unconscionable conduct in carrying out the manager’s functions. 1 taking unfair advantage of the manager’s superior knowledge relative to the owners corporation 2 requiring the owners corporation to comply with conditions that are unlawful or not reasonably necessary 3 improperly using the executive member’s position on the executive committee to gain, directly or indirectly, an advantage personally or for someone else 4 exerting undue influence on, or using unfair tactics against, the owners corporation or the owner of a unit in the units plan 9 Conflict of duty or interest A manager for an owners corporation (the first corporation) must not accept an engagement for another owners corporation if accepting the engagement may place the manager’s duty to, or the interests of, the first corporation in conflict with the manager’s duty to, or the interests of, the other owners corporation. 10 Goods and services to be supplied at competitive prices A manager must take reasonable steps to ensure the goods and services the manager gets for, or supplies to, the owners corporation are obtained or supplied at competitive prices. Managers—code of conduct Part 1.2 11 Manager to demonstrate keeping of particular records If an owners corporation or its executive committee asks the manager, in writing, to show that the manager has kept the owners corporation’s records as required under the Act, the manager must comply with the request within a reasonable time. (see s 36 and s 37) Note The executive committee exercises the functions of the owners corporation (see s 35 (1)). Who are the members of the executive committee and how many members there must be depends on whether the owners corporation has had its first annual general meeting and how many members of the owners corporation there are (see s 38 and s 39). The executive committee must elect a chairperson, secretary and treasurer (see s 40). The functions of those office-holders are set out in ss 41 to 43. The executive committee may— • be helped in the exercise of its functions by a person employed or engaged under s 45; and • delegate its functions to 1 or more executive members (see s 44 (1) or a manager (see s 58 (2)). An executive committee member is protected from civil liability in relation to the exercise of the member’s functions if the member acts honestly and without recklessness (see s 47). Part 2.1 What the executive committee must, may and cannot do 2.1 Executive committee must keep minutes, and records and accounts (1) The executive committee of an owners corporation must— (a) keep minutes of its proceedings; and (b) keep minutes of proceedings at general meetings of the corporation; and (c) include in the minutes of proceedings kept under paragraphs (a) and (b) the following: (i) the date, time and place of the meeting; (ii) the names of members present at the meeting, including (if authorised) those members taking part using a method to hear or otherwise know what each other member taking part says without the members being in each other’s presence; (iii) details of proxy and absentee votes for the meeting; (iv) details of resolutions passed including, for special, unopposed and unanimous resolutions, details of the kind of resolution; and (d) keep a copy of any court order given to the owners corporation; and (e) keep any authorisation by the territory planning authority given to the owners corporation; and (f) keep proper records and books of account in relation to— (i) the corporation’s assets and liabilities (including all amounts owing to and by the corporation); and (ii) all amounts received and paid by the corporation; and (g) arrange for the financial records of the units plan to be audited before the annual general meeting if either— (i) the number of units in the units plan is more than 100, or another number prescribed by regulation; or (ii) the annual budget of the owners corporation is more than $250 000, or another amount prescribed by regulation; and (h) if the rules of the owners corporation include alternative rules— maintain an up-to-date compilation of the alternative rules. Note If minutes or other records kept by the executive committee contain personal information, the executive committee must comply with the Australian Privacy Principles under the Privacy Act 1988 (Cwlth) in relation to that information. (2) The executive committee must give a copy of the minutes of proceedings required under subsection (1) to each member of the owners corporation within 14 days after the day the meeting was held. (3) The executive committee must keep the documents, records and books of account for at least 7 years and make copies available for inspection on request by any member of the owners corporation. (4) The executive committee may keep and distribute the minutes, records or books of account in an electronic form. (5) If an owners corporation fails to comply with this section, each (6) It is a defence to a prosecution for an offence against this section if Section 2.1A 2.1A Working out the annual budget for audit purposes (1) For section 2.1 (1) (g) (ii), the annual budget of the owners corporation is the sum of— (a) an estimate of each of the following for the financial year in which the annual general meeting is held: (i) the total general fund contribution; (ii) if there is a special resolution under section 78 (2) (b)—the general fund contribution payable by each unit owner, or unit owner in a particular class; (iii) the total sinking fund contribution; and (b) an estimate of any other amounts to be paid into the general fund in the financial year in which the annual general meeting is held; and (c) any other amounts held by the owners corporation for the purposes of managing the units plan at the beginning of the financial year in which the annual general meeting is held. Examples—other amounts held by owners corporation • sinking fund • special purpose fund general fund—see section 72. total general fund contribution—see section 75 (2) (a) (i). total sinking fund contribution—see section 82 (3) (b). Section 2.2 2.2 Executive committee must present financial statements at annual general meeting executive committee must present to the corporation— (a) annual financial statements in relation to the matters mentioned in section 2.1 (1) (f); and (b) the audit opinion (if any) in relation to the annual financial statements. (2) Annual financial statements must cover the period from the end of the period for which the last statements were prepared (or, for the first annual general meeting, since the registration of the units plan), to a stated day (the stated day) before the annual general meeting at which they are to be presented. (3) The annual financial statements must be presented to the annual general meeting within 3 months from the stated day. (4) If an owners corporation fails to comply with this section, each (5) It is a defence to a prosecution for an offence against this section if Section 2.3 2.3 Executive committee must present insurance details at annual general meeting executive committee must give to the corporation the following details about each insurance policy held by the corporation under this Act that is current at the time of the meeting: (a) the name of the insurer; (b) the amount of cover under the policy; (c) for a building insurance policy—details of any recent valuation of the insured buildings; (d) a summary of the type of cover under the policy; public liability insurance, building insurance, personal property insurance (e) the amount of the premium; (f) the amount of any excess payable on the happening of an event for which the insurance gives cover; (g) the date the cover expires; (h) the amount and type of any financial or other benefit given, or to be given, by the insurer, for the insurance being taken out, to any person. Example—financial or other benefit commissions, discounts (2) If an owners corporation fails to comply with this section, each Section 2.4 (3) It is a defence to a prosecution for an offence against this section if 2.4 Approving use of common property The executive committee of an owners corporation may approve an application by a member of the corporation to use the common property if— (a) the use applied for is minor; and (b) the use will not unreasonably interfere with the reasonable use and enjoyment of the common property by other members of the Example—minor use installation of airconditioner or awning on unit that extends over common property 2.5 Decisions about taking legal action (1) This section applies if the executive committee proposes to take legal action. (2) The executive committee of an owners corporation must not take legal action on behalf of the owners corporation unless— (a) the legal action relates to the payment of a contribution under the Act by a member of the corporation to the corporation; or (b) the costs of taking the legal action are reasonably estimated by the corporation’s legal representative to be not more than the amount prescribed by regulation; or Section 2.6 (c) the corporation approves taking the legal action by ordinary Note Section 2.6 allows urgent legal action to be taken. (3) For this section, the executive committee of an owners corporation takes legal action if the committee— (b) begins to defend a proceeding; or (c) continues, or continues to defend, a proceeding. costs, of taking legal action, means the legal costs and disbursements incurred by the owners corporation for its legal representation for the legal action. 2.6 Taking urgent legal action (a) the executive committee of an owners corporation is satisfied on reasonable grounds that it is necessary to take legal action urgently on behalf of the corporation; and (b) the executive committee cannot reasonably get the corporation’s approval before taking the legal action. (2) The executive committee may take the legal action. (3) However, the executive committee must— (a) seek the approval of the owners corporation as soon as practicable after beginning the legal action; and (b) if the owners corporation does not approve taking the legal action, the executive committee must discontinue the proceeding or withdraw the defence. Section 2.7 (4) For this section, the executive committee of an owners corporation takes legal action if the committee— (b) begins to defend a proceeding. 2.7 Decisions about staged development (1) This section applies to a meeting of an executive committee of an owners corporation for a staged development if the development has not been completed. (2) The executive committee must not decide a matter about the uncompleted stages of the development. Executive committee—meetings and procedures Part 2.2 Section 2.8 Part 2.2 Executive committee—meetings and procedures 2.8 Meetings of executive committee (1) An executive committee may meet for the conduct of business when it decides, and may adjourn and otherwise regulate its meetings as it considers appropriate. (2) An executive member may call a meeting of the committee by giving to each other executive member not less than 7 days written notice stating the business that the member proposes to bring before the meeting and the time and place of the meeting. (3) The executive committee may authorise a meeting to be held using a method of communication, or a combination of methods of communication, that allows a member taking part to hear or otherwise know what each other member taking part says without the members being in each other’s presence. a phone link, a satellite link, an internet or intranet link (4) A member who takes part in a meeting conducted under subsection (3) is taken, for all purposes, to be present at the meeting. 2.9 Quorum of executive committee (1) Business may be transacted at a meeting of an executive committee only if a quorum is present at the relevant time. (2) A quorum is worked out as follows: (a) if the total number of executive members is an odd number—2 1membersexecutiveofnumbertotal + Part 2.2 Executive committee—meetings and procedures Section 2.10 (b) if the total number of executive members is an even number— 2.10 Voting of executive committee (1) At meetings of an executive committee, all matters must be decided by a majority of the votes of the executive members present and voting. (2) If an executive committee has only 2 members, all matters must be decided by unanimous vote. 2.11 Chairperson—meetings (1) At a meeting of the executive committee, the chairperson may leave the chair during the meeting for any reason. (2) If the chairperson leaves the chair during a meeting, the executive members present must elect another executive member present to chair the meeting. (3) At a meeting of the executive committee, the chairperson— (a) may vote as an executive member; and (b) if the votes on a matter are equal—may exercise a 2nd (casting) vote, unless there are only 2 executive members. Note If there are only 2 executive members, all matters must be decided by unanimous vote (see s 2.10 (2)).1 membersexecutiveofnumbertotal +      Section 3.1 (see s 17) Note The owners corporation of a units plan is responsible for managing the units plan. In managing the units plan the owners corporation is required to, or may, make various decisions under this Act. The members of the owners corporation make those decisions at general meetings. The following provisions set out how general meetings (including annual general meetings) must be conducted and how decisions are made at those meetings. 3.1 Conduct of general meetings (1) An owners corporation for a units plan may hold, adjourn and otherwise regulate general meetings as it considers appropriate, subject to this schedule. (2) The owners corporation may authorise a meeting to be held using a method of communication, or a combination of methods of communication, that allows a member taking part to hear or otherwise know what each other member taking part says without the members being in each other’s presence. a phone link, a satellite link, an internet or intranet link (3) A person who takes part in a meeting conducted under subsection (2) is taken, for all purposes, to be present at the meeting. 3.2 Annual general meetings (1) An owners corporation for a units plan must hold an annual general meeting each financial year. (2) Except for the first annual general meeting, an annual general meeting must be held within 15 months after the last annual general meeting. Section 3.3 3.3 First annual general meeting (1) The first annual general meeting of an owners corporation for a units plan must be held within 3 months after the registration of the units plan. (2) The first annual general meeting of an owners corporation may be called by the executive committee of the corporation or by a member of the corporation. 3.4 First annual general meeting—developer to deliver records At the first annual general meeting of an owners corporation for a units plan, the developer must give the following records to the corporation: (a) the statutory books and records of the corporation, up to the date of the meeting; (b) any insurance policy issued in the name of the corporation; (c) any plans, specifications, diagrams or drawings that relate to the design or service of the units or common property of the units plan, including the development approval and any condition to which the approval is subject; (d) the developer’s maintenance schedule for the common property; (e) a copy of any contract entered into by the corporation that relate to the common property of the units plan; (f) any warranty that relates to the common property of the units plan; (g) the corporation’s seal (if any); (h) any other document that relates to the units or common property of the units plan. Section 3.5 3.5 General meetings other than annual general meetings (1) The executive committee of an owners corporation may call a general meeting, by notice under section 3.6, whenever it considers appropriate. (2) Subsection (3) applies if the executive committee of an owners corporation receives a written request (a meeting request), stating the matters to be considered at the meeting, from people who are entitled to vote on all motions for units whose combined unit entitlement is at least 1/4 of the total unit entitlement in the units plan. (3) The executive committee must hold a general meeting, by notice under section 3.6, within 28 days after the day it receives the meeting request. 3.6 Notice of general meetings (1) The executive committee of an owners corporation must give notice of a general meeting to— (a) each member of the corporation; and (b) each mortgagee’s representative (if any). (2) The executive committee must give notice of the general meeting— (a) so that the notice would reasonably be expected to be received at least 14 days before the date fixed for the meeting; or (b) if a motion is to be moved that requires an unopposed or unanimous resolution—so that the notice would reasonably be expected to be received at least 21 days before the date fixed for the meeting. (3) However, if the notice of the annual general meeting is for a units plan that is a retirement village— (a) subsection (2) does not apply; and Section 3.7 (b) the executive committee of the owners corporation must give the notice in the time mentioned in the Retirement Villages Act 2012, section 159 (1) (Proposed annual budget). 3.7 Requirements for notice of general meetings (1) A notice of a general meeting for an owners corporation must state— (a) the time, date and place fixed for the meeting; and (b) whether the person notified is entitled to vote on all (or any) motions at the meeting, and if not, why not; and Note Section 3.20 explains who is entitled to vote on which kinds of motion. For example, if an amount is owing to the corporation in relation to a particular unit at the time of the general meeting, no vote may be cast by the unit owner (or anyone else) for that unit on any motion requiring an ordinary or special resolution. (c) for a member who is not entitled to vote on any motion because a mortgagee voting notice has been given—details of the notice, including the full name and address for correspondence of the mortgagee’s representative; and (d) if a motion is to be moved that requires an unopposed or unanimous resolution—the text of the motion and the kind of (2) For a notice of a general meeting given to a person entitled to vote on any motion, the notice must include— (a) a proxy form; and (b) an absentee voting paper for the motion in a form approved by the executive committee. (3) For a notice of an annual general meeting, the notice must include a copy of the following: (a) the annual financial statements of the corporation to be presented at the meeting; Section 3.8 (b) the general fund budget; (c) if the notice is for the annual general meeting of a units plan that is a retirement village—the proposed annual budget and the statements required under the Retirement Villages Act 2012, section 159. 3.8 Defective notice of meetings (1) The proceedings at a general meeting are not invalid only because a person did not receive proper notice of the meeting. (2) However, if a person did not receive notice of the meeting in accordance with section 3.6 (2), the person may make a request for the adjournment of the meeting by written notice to the executive committee before the day or time fixed for the start of the meeting. (3) A request by a person under subsection (2) may be made by someone else on the person’s behalf. (4) If the executive committee receives a request for adjournment under subsection (2), the committee must give the request to the chairperson of the meeting immediately after the chairperson is elected. (5) The chairperson may adjourn the meeting to a time, date and place to be decided (by ordinary resolution) by the people present and entitled to vote on all motions at the meeting if the chairperson considers on reasonable grounds that— (a) notice of the meeting in accordance with section 3.6 (2) was not given to the person by or for whom the request was made; and (b) in the circumstances it would be unfair to allow the meeting to go ahead at present. Section 3.9 3.9 Quorum at a general meeting—owners corporation with 3 or more members (1) A motion may be considered at a general meeting of an owners corporation with 3 or more members only if there is present— (a) a quorum (a standard quorum) made up by 1 of the following: (i) for a units plan that is a retirement village—people entitled to vote (on the motion) in relation to not less than 1/3 the total number of units; (ii) in any other case—people entitled to vote (on the motion) in relation to not less than 1/2 the total number of units; or (b) a quorum (a reduced quorum) made up under subsection (2). (2) If a standard quorum is not present within ½ an hour after the motion arises for consideration, a reduced quorum for the motion and any subsequent motion considered at the meeting is made up by 2 or more people present at the meeting who are entitled to vote on the motion. (3) If a reduced quorum is not present ½ an hour after the motion arises for consideration, the meeting is adjourned to the same day in the next week at the same place and time. (4) If a reduced quorum is present for the consideration of any motion and the motion is voted on, section 3.10 (Notice of reduced quorum decisions and adjournments) applies to the decision on the motion. (5) If a reduced quorum is present for the consideration of any motion and the motion is not voted on, the meeting may decide to adjourn to the same day in the next week at the same place and time to consider the motion (and any others remaining to be considered). Section 3.10 (6) If a general meeting is adjourned under this section (including paragraph (c)) and a standard quorum is not present within ½ an hour after a motion arises for consideration at the adjourned meeting— (a) a reduced quorum is made up by the people who are then present and entitled to vote on the motion and any subsequent motion considered at the adjourned meeting; and (b) if a reduced quorum is present for the consideration of any motion at the adjourned meeting, and the motion is voted on— the decision on the motion must be notified under section 3.10; and (c) if the motion (or any other) is not voted on at the adjourned meeting—the adjourned meeting may resolve to adjourn again to the same day in the next week at the same place and time to consider the resolution (and any others remaining to be considered at the meeting). 3.10 Notice of reduced quorum decisions and adjournments (1) If a decision (a reduced quorum decision) is made on a motion while a reduced quorum was present for the consideration of the motion, within 14 days after the meeting the owners corporation must give each person mentioned in section 3.6 (1) (Notice of general meetings) written notice of the reduced quorum decision. (2) A reduced quorum decision notice is taken to be given— (a) if sent by prepaid post or email—when it is sent; and (b) if placed in the letterbox for mail for an occupier who is a member of the corporation—when it is placed in the letterbox. (3) Within 4 days after a general meeting is adjourned under section 3.9, the owners corporation must give each person mentioned in section 3.6 (1) a written notice of the date, place and time to which the meeting is adjourned. Section 3.11 3.11 Reduced quorum decisions—effect (1) A reduced quorum decision takes effect 28 days after the decision was made, subject to this section. (2) Subsection (1) does not apply if the owners corporation fails to give notice of the reduced quorum decision under section 3.10 (1). (3) A reduced quorum decision is disallowed if, within 28 days after the decision was made, the owners corporation is given a petition requiring that the decision be disallowed signed by a majority of people entitled to vote on the relevant motion at the time of signing (whether or not they were present or entitled to vote on the motion at the general meeting at which the decision was made). (4) If, within 28 days after a reduced quorum decision is made, a motion is passed confirming the reduced quorum decision while a standard quorum is present at a general meeting for consideration of the confirmation motion, the reduced quorum decision takes effect on confirmation, whether or not a petition under subsection (3) is at any time given to the owners corporation. (5) This section does not prevent a reduced quorum decision from being revoked at a general meeting, whether a standard quorum or reduced quorum is present while the revocation motion is being considered. 3.12 Quorum at a general meeting—owners corporation with 2 members (1) A motion may only be considered at a general meeting of an owners corporation with 2 members if a quorum constituted by all people entitled to vote on the motion is present. (2) If a quorum is not present within ½ an hour after the motion arises for consideration, the meeting is adjourned to the same day in the next week at the same place and time. Section 3.13 3.13 Chairperson at a general meeting (1) The chairperson of a general meeting is the chairperson of the executive committee, unless that person— (a) is not present at the meeting; or (b) does not wish to be chairperson of the meeting. (2) If the executive committee’s chairperson is not present at the general meeting, at the beginning of the meeting, the people present and entitled to vote may elect someone else who is present and entitled to vote as chairperson for the meeting. (3) The chairperson for the meeting may leave the chair during the meeting for any reason. (4) If the chairperson leaves the chair during the meeting, the people present and entitled to vote must elect another person present and entitled to vote as chairperson. Section 3.14 3.14 Decision-making at general meetings (1) Decisions at general meetings must be made by ordinary resolution, unless this Act requires otherwise. (2) If, at a general meeting, an owners corporation makes a resolution of a particular kind (that is, an ordinary, special, unopposed or unanimous resolution), a resolution of the same kind at a general meeting is required to amend or revoke the earlier resolution, unless this Act requires otherwise. 3.15 Ordinary resolutions (1) For an owners corporation with more than 2 members, the requirement for passing an ordinary resolution at a general meeting is (a) unless a poll is taken—the number of votes cast in favour of the resolution is greater than the number of votes cast against it; or (b) on a poll—the voting value of votes cast in favour of the resolution is greater than the voting value of the votes cast against it. (2) For an owners corporation with 1 or 2 members, the requirements for passing an ordinary resolution at a general meeting are that— Notes for s (2)—owners corporations with 1 or 2 members 1 If the owners corporation has 2 members, both must be present to make up a quorum for consideration of the resolution (see s 3.12), unless either is not entitled to vote on the resolution (see s 3.20). 2 An abstention for any unit does not in itself prevent an ordinary resolution from being passed, if at least 1 vote is cast in favour of the resolution. Resolutions at general meetings Part 3.2 Section 3.16 3 A vote may be cast for a unit on an ordinary resolution even if an amount owing to the owners corporation remains unpaid (see s 3.20 (3)). 3.16 Special resolutions (1) For an owners corporation with more than 3 members, the requirements for passing a special resolution at a general meeting are (a) unless a poll is taken— (i) the number of votes cast in favour of the resolution is greater than the number of votes cast against it; and (ii) the votes cast against the resolution number not more than 1/4 of the total number of votes that can be cast on the resolution by people present at the meeting (including proxy votes); or (b) on a poll— (i) the voting value of votes cast in favour of the resolution is greater than the voting value of the votes cast against it; and (ii) the voting value of votes cast against the resolution is not more than 1/4 of the voting value of the total number of votes that can be cast on the resolution by people present at the meeting (including proxy votes). (2) For an owners corporation with 3 members, the requirements for passing a special resolution at a general meeting are that— (a) unless a poll is taken— (i) the number of votes cast in favour of the resolution is greater than the number of votes cast against it; and Section 3.17 (ii) the votes cast against the resolution number less than 1/3 of the total number of votes that can be cast on the resolution by people present at the meeting (including proxy votes); or (b) on a poll— (i) the voting value of votes cast in favour of the resolution is greater than the voting value of the votes cast against it; and (ii) the voting value of votes cast against the resolution is less than 1/3 of the voting value of the total number of votes that can be cast on the resolution by people present at the meeting (including proxy votes). (3) For an owners corporation with 1 or 2 members, the requirements for passing a special resolution at a general meeting are that— Notes for s (3)—owners corporations with 1 or 2 members 1 If the owners corporation has 2 members, both must be present to make up a quorum for consideration of the resolution (see s 3.12), unless either is not entitled to vote on the resolution (see s 3.20). 2 An abstention for any unit does not in itself prevent a special resolution from being passed, if at least 1 vote is cast in favour of the resolution. 3 A vote may be cast for a unit on a special resolution even if an amount owing to the owners corporation remains unpaid (see s 3.20 (3)). 3.17 Unopposed resolutions The requirements for passing an unopposed resolution at a general meeting are that— Resolutions at general meetings Part 3.2 Section 3.18 Note 1 An abstention for any unit does not in itself prevent an unopposed resolution from being passed, if at least 1 vote is cast in favour of the resolution. Note 2 If the owners corporation has 2 members, both must be present to make up a quorum for consideration of the resolution (see s 3.12), unless either is not entitled to vote on the resolution (see s 3.20). 3.18 Unanimous resolutions (1) For an owners corporation with more than 2 members, the requirements for passing a unanimous resolution at a general meeting are that— (a) each person entitled to vote on the resolution— (i) is present at the meeting; or (ii) has given another person present at the meeting a proxy permitting the person to vote on the resolution; or (iii) has cast an absentee vote on the resolution; and (b) no votes are cast against the resolution; and (c) at least 1 vote is cast in favour of the resolution. (2) For an owners corporation with 1 or 2 members, the requirements for passing a unanimous resolution at a general meeting are that— Note 1 An abstention for any unit does not in itself prevent a unanimous resolution from being passed, if at least 1 vote is cast in favour of the Note 2 If the owners corporation has 2 members, both must be present to make up a quorum for consideration of the resolution (see s 3.12), unless either is not entitled to vote on the resolution (see s 3.20). Section 3.19 3.19 Evidence of resolutions of owners corporation Evidence of the following facts about a resolution of an owners corporation may be given by a certificate issued by the executive committee: (a) the fact that at a general meeting held on a stated date a resolution in the terms set out in the certificate was passed; (b) the fact that the resolution was an ordinary, special, unopposed or unanimous resolution. Section 3.20 3.20 Who is entitled to vote? (1) The people entitled to vote on a motion at a general meeting of an owners corporation are as follows: (a) for a unit owned by a single individual—the unit owner; (b) for a unit owned by a single company—the company’s representative; (c) for a unit owned by 2 or more part-owners—the part-owners’ representative. (2) However, if a unit is subject to a mortgage and a mortgagee voting notice is in force for the unit, the person entitled to vote for the unit is the mortgagee’s representative rather than the relevant person mentioned in subsection (1). (3) If the owners corporation has 3 or more members, a person is only entitled to vote for a unit on a motion requiring an ordinary or special resolution if all amounts payable to the owners corporation for the unit have been paid. (4) In addition, a person is not entitled to vote on a motion at a general meeting if an ACAT order requires the person to not vote on the motion or at the meeting. 3.21 General meeting—decisions about staged development (1) This section applies to a motion at a general meeting of an owners corporation for a staged development if the development has not been completed. (2) The people entitled to vote on the motion are as follows: (a) if the motion is only about an uncompleted stage of the development—the people entitled to vote under section 3.20 in relation to units in the uncompleted stages of the development; Section 3.21A (b) if the motion is only about a completed stage of the development—the people entitled to vote under section 3.20 in relation to units in the completed stages of the development; (c) in any other case—the people entitled to vote under section 3.20. 3.21A General meeting—decisions about defective building work (1) This section applies to a motion at a general meeting of an owners corporation in relation to defective building work. (2) The developer of the units plan is not entitled to vote, or exercise a proxy vote, in relation to the motion unless— (a) the members of the owners corporation, other than the developer, pass a special resolution allowing the developer to vote; or (b) the ACAT makes a declaration under subsection (3). (3) On application, the ACAT may make a declaration that the developer may vote on a motion if— (a) the ACAT is satisfied, to the extent practicable, that the developer is not likely to be responsible for the defective building work; or (b) taking into account the interests of the owners corporation, the individual unit owners and the developer—barring the developer from voting would be unreasonable. (4) This section does not apply if the developer owns all of the units in the units plan. 3.22 One vote—1 unit A single vote is exercisable for each unit at a general meeting. Section 3.23 3.23 Voting by mortgagees (1) If the interest of a unit owner is subject to a mortgage, the mortgagee may give the owners corporation written notice (a mortgagee voting notice) that— (a) the unit is subject to the mortgage; and (b) the mortgagee proposes to exercise the voting right given under section 3.20 (2); and (c) an individual named in the notice (the mortgagee’s representative) is authorised to vote at general meetings for the unit on behalf of the mortgagee, instead of the person otherwise entitled to vote for the unit. (2) The mortgagee voting notice must state the full name and address for correspondence of the mortgagee’s representative. (3) If a unit is owned by 2 or more part-owners, and the interest of 1 of the owners who has more than a ½ share in the unit is subject to a mortgage, the mortgagee may give a mortgagee voting notice under this section. (4) If the interest of a unit owner is subject to 2 or more mortgages, this section applies only to the mortgagee whose mortgage has priority. 3.24 Mortgagee voting notice—amendment and revocation (1) The mortgagee may change the mortgagee’s representative by written notice to the owners corporation. (2) The notice of change of representative must— (b) be signed by the mortgagee. Section 3.25 (3) The mortgagee’s representative may change the address for correspondence by written notice to the owners corporation of the change. (4) The notice of change of address must be signed by the representative. (5) A mortgagee voting notice— (a) is revoked when the mortgagee gives written notice of revocation to the owners corporation; or (b) is taken to be revoked when the mortgage is discharged. (6) A mortgagee who has given a mortgagee voting notice to an owners corporation commits an offence if, without reasonable excuse, the mortgagee fails to give written notice to the corporation of the discharge of the mortgage within 14 days after the discharge. 3.25 Evidence of mortgagee’s entitlement to vote Evidence of any of the following facts may be given by a certificate issued by the executive committee: (a) the fact that the authorisation of a named mortgagee’s representative to vote for a stated unit was in force on a stated date; (b) the fact that a stated address for correspondence for a mortgagee’s representative was the latest address for correspondence for the representative notified to the corporation on a stated date; (c) the fact that notice of the revocation of a mortgagee voting notice was given to the owners corporation by a named mortgagee on a stated date; (d) the fact that notice of the discharge of a mortgage was given to the owners corporation on a stated date. Section 3.26 3.26 Proxy votes (1) Votes at a general meeting may be cast by proxy (whether or not a poll is demanded). Note Also, a proxy form must accompany the notice of general meeting (see s 3.7 (2) (a)). (2) A person entitled to vote at a general meeting of an owners corporation must not— (a) appoint a proxy for more than 1 year after the day the appointment is made; or (b) appoint a person as a proxy if the person is— (i) the manager; or (ii) a service contractor. (3) A person, other than the chairperson, must not exercise more than the following number of proxy votes in a vote on a matter at a general meeting: (a) if there are more than 20 units in the units plan—a number that is not more than 5% of the total number of units; (b) in any other case—1. (4) If a person holds more proxy votes than they can exercise under subsection (3), the chairperson must exercise the excess proxy votes. 3.27 Proxy votes—limit on developer (1) This section applies to a developer of a units plan who is appointed as the proxy under a contract for the sale of a unit in the units plan. (2) The developer must not exercise 3 or more proxy votes in a vote on a matter at a general meeting of the owners corporation for the units plan unless— (a) each contract for the sale of a unit in the units plan contains a proxy disclosure statement; and Section 3.28 (b) the use of each proxy vote is consistent with the statement; and (c) the matter being voted on relates to development (the development matter) rather than the ordinary operation of the owners corporation. (3) If the developer exercises a proxy vote in contravention of this section, the proxy vote is void. (4) For this section, a proxy disclosure statement is a statement that includes the following: (a) if a person is appointed as a proxy—the name of the person; (b) if the proxy is appointed by naming the occupant of a position— the name of the position; (c) the length of time of the appointment; (d) a sufficient description of the development matter for the buyer of a unit to easily identify the matter. 3.28 Value of votes (1) Every vote at a general meeting is of equal value, unless a poll is taken. (2) On a poll, the value of each vote (the voting value) is the value that is proportional to the unit entitlement of the unit for which it is exercised. 3.29 Polls (1) A poll may be demanded on an ordinary or special resolution at a general meeting by anyone present and entitled to vote at the meeting. (2) A demand for a poll may be withdrawn. (3) A poll may be taken in any way the chairperson considers appropriate. Section 3.30 (4) The result of a poll— (a) must be declared at the meeting by the chairperson as soon as it is worked out; and (b) decides whether or not the resolution for which the poll was demanded has been carried. 3.30 Voting by chairperson At a general meeting, the chairperson may (whether or not a poll is demanded)— (a) exercise a deliberative vote as a member; and (b) if there is an equality of votes—also exercise a casting vote, unless the owners corporation has only 2 members. 3.31 Absentee votes (1) A person entitled to vote on a motion may cast an absentee vote on the motion by recording the vote on an absentee voting paper and giving it to the owners corporation before the meeting begins. Note An absentee voting form must accompany the notice of general meeting (see s 3.7 (2) (b)). (2) The absentee voting paper must be in the form approved by the executive committee. (3) An absentee vote under this section is a valid vote. (4) A person who casts an absentee vote under this section is taken to be present at the general meeting at which the motion is moved (except for the purposes of making up a quorum) and to have voted on the Section 3.31A 3.31A Alternative voting mechanism (1) An owners corporation may, by resolution passed at a general meeting, agree to a way of voting on a matter, or a class of matters, to be decided by the owners corporation. (2) A person is entitled to vote on a matter under subsection (1) only if the person would be entitled to vote on the matter if the matter was considered at a general meeting. 3.32 People under 18 or under other legal disabilities (1) The right of a person to vote at a general meeting must not be exercised by the person if— (a) the person is under 18 years old; or (b) the person is under any other legal disability preventing the person from dealing with the person’s property. (2) The right to vote of an incapacitated person (under subsection (1)) may be exercised— (a) if the person is under 18 years old—by the person’s parent or guardian; or (b) if the person is under any other legal disability—by a person for the time being authorised by law to control the person’s 3.33 Declaration by chairperson of result of voting (1) A declaration by the chairperson of the meeting that a motion has been passed is conclusive evidence of the fact without proof of the number or proportion of votes recorded against or in favour of the motion. Section 3.33 (2) Subsection (1) does not apply if— (a) a poll is demanded; or (b) a unanimous resolution is required. (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • appoint • bankrupt or personally insolvent • contravene • corporation • director-general • exercise • function • individual • registrar-general • territory planning authority. address for correspondence, of a company, means the address of the company’s office, as registered under the law under which the company is incorporated (if provided by the law). administration order—see section 136. administrative fund, for division 5.2 (Administrative, special purpose and sinking funds)—see section 73. administrator, of an owners corporation, means a person who is appointed as the administrator of the corporation under part 10 (Administrators). alternative rules means rules other than the default rules. appoint includes engage. assistance animal—see the Discrimination Act 1991, section 5AA (3). audit means an audit conducted by a person who— (a) is not a member of, or manager for, the owners corporation; and (b) has not prepared or assisted in the preparation of the corporations accounts; and (c) has the qualifications prescribed by regulation. building— (a) for this Act generally—see the Unit Titles Act 2001, dictionary; and (b) for division 5.4 (Insurance)—see section 99. building and development provision, in relation to a lease—see the Planning Act 2023, section 256. building management statement—see the Land Titles Act 1925, section 123C (1). class A unit—see the Unit Titles Act 2001, section 10. class B unit—see the Unit Titles Act 2001, section 11. common property—see the Unit Titles Act 2001, section 13. communications officer, for an owners corporation, means the owners corporation communications officer appointed by the owners corporation under section 66. company means a corporation. Note Corporation—see the Legislation Act, dictionary, pt 1. corporate register—see section 113. court includes the ACAT. declared land sublease—see the Planning Act 2023, section 365 (1). default rules means the default rules prescribed by regulation. developer—see the Unit Titles Act 2001, dictionary. developer control period, for a units plan, means the period that— (a) starts on the day the owners corporation for the units plan is established; and (b) ends on the day people other than the developer hold 1/3 or more of the unit entitlements for the units plan. developer’s maintenance schedule—see section 25. development, of a unit or common property—see the Unit Titles Act 2001, dictionary. eligible person, for a unit or common property, means— (a) the owner, or another person with an interest in the unit, or in an easement over the common property; or (b) for a unit that is owned, or part-owned, by a company—the representative of the company; or (c) anyone authorised in writing by a person mentioned in paragraph (a) or (b); or (d) in relation to the administration of this Act—the territory planning authority. entitled to vote, in relation to a motion at a general meeting of an owners corporation, means a person who is entitled to vote on the motion under schedule 3, section 3.20. executive committee, of an owners corporation, means the executive committee of the corporation established under section 34. executive member means a member of an executive committee. expected sinking fund expenditure, for division 5.2 (Administrative, special purpose and sinking funds)—see section 83. financed service contract, for part 9 (Protection of financiers for service contracts)—see section 130. financial year, for an owners corporation, means— (a) a period of 12 months beginning on 1 July; or (b) any other period of 12 months decided by the owners financier, for part 9 (Protection of financiers for service contracts)— see section 131. full name, of a company, means the full name of the company together with the full name of its secretary or public officer (or an equivalent office-holder). general fund, of an owners corporation, for division 5.2 (Administrative, special purpose and sinking funds)—see section 72. general fund budget, for division 5.2 (Administrative, special purpose and sinking funds)—see section 75 (1). general fund contribution—see section 78 (1). grantee means the person granted a special privilege. install includes build, place, connect or erect. interest—see the Unit Titles Act 2001, dictionary. interested party, for an administration order—see section 136 (Who may apply for an administration order?). land means— (a) for this Act generally—the land subdivided by the units plan; and (b) for division 5.4 (Insurance)—see section 99. lease, of a unit or common property—see the Unit Titles Act 2001, dictionary. lessee—see the Unit Titles Act 2001, dictionary. maintenance, of a building, a facility for a utility service or a utility conduit, means maintenance in good repair and working order, and includes— (a) repair; and (b) replacement; and (c) renewal; and (d) restoration. maintenance requirement means the obligation to undertake the maintenance of the common property that is the subject of the special privilege granted to the grantee. management contract, for division 4.2 (Managers)—see section 49. management services, for division 4.2 (Managers)—see section 49. manager, for division 4.2 (Managers)—see section 49. member, of an owners corporation, is a member under section 10. mortgage means a registered mortgage, or a registered encumbrance, within the meaning of the Land Titles Act 1925. mortgagee means— (a) for a unit—the registered proprietor of a mortgage of the lease of the unit; or (b) in any other case—the registered proprietor of a mortgage. mortgagee voting notice—see schedule 3, section 3.23 (Voting by mortgagees). mortgage insurance policy—see section 142. ordinary resolution means a resolution of a general meeting passed as required by schedule 3, section 3.15. owner means— (a) for a unit—the registered proprietor of the lease of the unit and includes a part-owner; or Note The term unit owner is also defined in the dictionary with the same meaning. (b) for common property—the owners corporation. owners corporation, for a units plan, means a corporation established under section 8. part-owner, of a unit, means a person registered as a joint tenant or tenant in common in relation to the unit. Note Joint proprietors of a unit must be registered as either joint tenants or tenants in common (see Land Titles Act 1925, s 54). pet friendly rule—see section 112C. proportional share, of a contribution payable for a unit, is the proportion of the total contributions payable for all units worked out as follows: proprietor, of an interest in land—see the Unit Titles Act 2001, dictionary. reduced quorum—see schedule 3, section 3.9 (Quorum at a general meeting—owners corporations with 3 or more members). reduced quorum decision—see schedule 3, section 3.10 (Notice of reduced quorum decisions and adjournments). registered—see the Unit Titles Act 2001, dictionary. representative— (a) for the part-owners of a unit—see section 11 (Part-owners of units—authorisation of representatives); ortentitlemenunittotal unitsofgrouporunittheoftentitlemenunit onscontributitotal  (b) for a company that is the owner or a part-owner of a unit—see section 13 (Company-owned units—authorisation of representatives); or (c) for a mortgagee that has given a mortgagee voting notice to an owners corporation—see schedule 3, section 3.23 (Voting by mortgagees). retirement village—see the Retirement Villages Act 2012, section 10. rule, for an owners corporation, means a rule of the owners corporation under section 106. rule infringement notice—see section 109 (2). secretary, for an owners corporation, means the secretary of the corporation elected under section 40. service contract, for division 4.3 (Service contractors)—see section 59. service contractor, for division 4.3 (Service contractors)—see section 59. service contractor services, for division 4.3 (Service contractors)— see section 59. sinking fund, for division 5.2 (Administrative, special purpose and sinking funds)—see section 81 (2). sinking fund contribution—see section 89 (1). sinking fund plan, for division 5.2 (Administrative, special purpose and sinking funds)—see section 82 (2). special privilege means a right, other than a sublease, granted to a person to use the common property of a units plan in a manner that is additional to, or restrictive of, the rights of other people (who are not granted the special privilege) to use the common property. special privilege rule—see section 112A (1). special purpose fund, for division 5.2 (Administrative, special purpose and sinking funds)—see section 74 (1). special resolution means a resolution of a general meeting passed as required by schedule 3, section 3.16. staged development—see the Unit Titles Act 2001, section 17 (4) (Unit title applications—general requirements). standard quorum—see schedule 3, section 3.9 (Quorum at a general meeting—owners corporations with 3 or more members). sustainability infrastructure— (a) means infrastructure or equipment that— (i) if installed in relation to a units plan— (A) improves the environmental sustainability of the units; or (B) reduces the environmental impact of the owners corporation and the units owners; and (ii) if installed in relation to a unit— (A) improves the environmental sustainability of the unit; or (B) reduces the environmental impact of the unit; and (b) includes related utility service connections and equipment. total general fund contribution, for division 5.2 (Administrative, special purpose and sinking funds)—see section 75 (2) (a). total sinking fund contribution, for division 5.2 (Administrative, special purpose and sinking funds)—see section 82 (3) (b). treasurer, for an owners corporation, means the treasurer of the corporation elected under section 40. unanimous resolution means a resolution of a general meeting passed as required by schedule 3, section 3.18. unit—see the Unit Titles Act 2001, section 9. unit entitlement—see the Unit Titles Act 2001, section 8. unit owner means the registered proprietor of the lease of the unit and includes a part-owner. Note The term owner is also defined in the dictionary with the same meaning. units plan—see the Unit Titles Act 2001, dictionary. unit title rental certificate—see section 119 (1) (c). unit title sale certificate—see section 119 (1) (a). unit title sale update certificate—see section 119 (1) (b). unopposed resolution means a resolution of a general meeting passed as required by schedule 3, section 3.17. utility conduit—see the Unit Titles Act 2001, dictionary. utility infrastructure means infrastructure and equipment necessary for, or related to, the provision of utility services. utility services—see the Unit Titles Act 2001, dictionary. voting value—see schedule 3, section 3.28 (2). About the endnotes 1 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 are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. 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 A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Unit Titles (Management) Act 2011 A2011-41 notified LR 3 November 2011 s 1, s 2 commenced 3 November 2011 (LA s 75 (1)) remainder commenced 30 March 2012 (s 2 and CN2012-6) as amended by Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.51 notified LR 22 May 2012 s 1, s 2 commenced 22 May 2012 (LA s 75 (1)) sch 3 pt 3.51 commenced 5 June 2012 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2012 A2012-30 sch 1 pt 1.5 notified LR 13 June 2012 s 1, s 2 commenced 13 June 2012 (LA s 75 (1)) sch 1 pt 1.5 commenced 14 June 2012 (s 2) Justice and Community Safety Legislation Amendment Act 2013 (No 2) A2013-11 sch 1 pt 1.9 notified LR 28 March 2013 s 1, s 2 commenced 28 March 2013 (LA s 75 (1)) sch 1 pt 1.9 commenced 4 April 2013 (s 2) Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014-49 sch 1 pt 1.23 notified LR 10 November 2014 s 1, s 2 commenced 10 November 2014 (LA s 75 (1)) sch 1 pt 1.23 commenced 17 November 2014 (s 2) Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 A2015-19 pt 20 notified LR 11 June 2015 s 1, s 2 commenced 11 June 2015 (LA s 75 (1)) pt 20 commenced 1 July 2015 (s 2 and CN2015-9) Statute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.33 notified LR 25 November 2015 s 1, s 2 commenced 25 November 2015 (LA s 75 (1)) sch 3 pt 3.33 commenced 9 December 2015 (s 2) Legislation history 3 Courts and Other Justice Legislation Amendment Act 2018 A2018-9 pt 17 notified LR 29 March 2018 s 1, s 2 commenced 29 March 2018 (LA s 75 (1)) pt 17 commenced 26 April 2018 (s 2) Retirement Villages Legislation Amendment Act 2019 A2019-10 pt 6 notified LR 11 April 2019 s 1, s 2 commenced 11 April 2019 (LA s 75 (1)) pt 6 commenced 1 July 2019 (s 2 (1) and CN2019-11) Unit Titles Legislation Amendment Act 2020 A2020-4 pt 12 notified LR 27 February 2020 s 1, s 2 commenced 27 February 2020 (LA s 75 (1)) s 111 commenced 30 April 2020 (s 2 (1) and CN2020-11) pt 12 remainder commenced 1 November 2020 (s 2 (1) and CN2020-11) Justice Legislation Amendment Act 2020 A2020-42 pt 29 notified LR 27 August 2020 s 1, s 2 commenced 27 August 2020 (LA s 75 (1)) pt 29 commenced 1 November 2020 (s 2 (5) and see Unit Titles Legislation Amendment Act 2020 A2020-4, s 2 (1) and CN2020-11) Planning and Unit Titles Legislation Amendment Act 2021 A2021-5 pt 6 notified LR 8 April 2021 s 1, s 2 commenced 8 April 2021 (LA s 75 (1)) pt 6 commenced 9 April 2021 (s 2) Planning and Unit Titles Legislation Amendment Act 2021 (No 2) A2021-25 sch 1 pt 1.4 notified LR 17 November 2021 s 1, s 2 commenced 17 November 2021 (LA s 75 (1)) sch 1 pt 1.4 commenced 18 November 2021 (s 2) Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.39 notified LR 10 August 2022 s 1, s 2 commenced 10 August 2022 (LA s 75 (1)) sch 3 pt 3.39 commenced 24 August 2022 (s 2) Unit Titles Legislation Amendment Act 2023 A2023-24 pt 5 notified LR 23 June 2023 s 1, s 2 commenced 23 June 2023 (LA s 75 (1)) pt 5 commenced 1 July 2023 (s 2) Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.65 notified LR 29 September 2023 s 1, s 2 commenced 29 September 2023 (LA s 75 (1)) sch 1 pt 1.65 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10) Justice and Community Safety Legislation Amendment Act 2023 (No 3) A2023-57 pt 18, sch 1 pt 1.7 notified LR 11 December 2023 s 1, s 2 commenced 11 December 2023 (LA s 75 (1)) pt 18 commenced 12 December 2023 (s 2 (1)) sch 1 pt 1.7 commenced 12 December 2023 (s 2 (6) (b)) Biosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.11 notified LR 19 April 2024 s 1, s 2 commenced 19 April 2024 (LA s 75 (1)) sch 2 pt 2.11 commenced 15 May 2025 (s 2 and see Biosecurity Act 2023 A2023-50, s 2 (2)) Housing and Consumer Affairs Legislation Amendment Act 2024 A2024-29 pt 10 notified LR 9 July 2024 s 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2)) pt 10 commenced 16 July 2024 (s 2 (1)) Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.95, sch 4 pt 4.182 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.95, sch 4 pt 4.182 commenced 26 November 2025 (s 2 (3), (9)) Commencement s 2 om LA s 89 (4) Notes s 4 (2), (3) exp 30 March 2013 (s 4 (3)) Owners corporation—establishment s 8 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 8 am A2020-4 s 61; ss renum R13 LA Owners corporation—legal status s 9 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 9 am A2012-21 amdt 3.198; A2020-4 s 62 Execution of documents by owners corporation s 9A ins A2020-4 s 63 Members of owners corporation s 10 hdg bracketed note exp 30 March 2013 (s 4 (3)) Part-owners of units—authorisation of representatives s 11 hdg bracketed note exp 30 March 2013 (s 4 (3)) Part-owners of units—functions of representatives s 12 hdg bracketed note exp 30 March 2013 (s 4 (3)) Company-owned units—authorisation of representatives s 13 hdg bracketed note exp 30 March 2013 (s 4 (3)) Company-owned units—functions of representatives s 14 hdg bracketed note exp 30 March 2013 (s 4 (3)) Evidence of representative status s 15 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 15 am A2020-4 s 64 Owners corporation—functions s 16 hdg bracketed note exp 30 March 2013 (s 4 (3)) Exemptions for units plans with 4 or fewer units s 18 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 18 om A2020-4 s 65 Common property s 19 hdg bracketed note exp 30 March 2013 (s 4 (3)) Dealings with common property s 20 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 20 am A2023-24 s 20; A2024-29 s 114 Dealings in property generally s 21 hdg bracketed note exp 30 March 2013 (s 4 (3)) Special privileges relating to common property s 22 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 22 sub A2020-4 s 66 Installation of sustainability and utility infrastructure on common property s 23 am A2024-29 s 115, s 116 Maintenance obligations s 24 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 24 am A2020-4 s 67; ss renum R13 LA Developer to prepare maintenance schedule s 25 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 25 sub A2020-4 s 68 Other qualifications on owners corporation’s maintenance obligations s 26 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 26 am A2023-36 amdt 1.385 Structural defects—owners corporation may represent members s 27 hdg bracketed note exp 30 March 2013 (s 4 (3)) Owners corporation—entry to units s 28 hdg bracketed note exp 30 March 2013 (s 4 (3)) Work on behalf of particular unit owners or occupiers s 29 hdg bracketed note exp 30 March 2013 (s 4 (3)) Recovery of costs—agreements under s 29 s 30 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 30 am A2015-50 amdt 3.156 Recovery of expenditure resulting from member or unit occupier’s fault s 31 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 31 am A2018-9 s 116 Unit owners etc keeping animals s 32 hdg bracketed note exp 30 March 2013 (s 4 (3)) sub A2020-4 s 69 s 32 am A2020-4 ss 70-72; ss renum R13 LA; A2024-11 amdt 2.33 Restriction on owners corporation during developer control period s 33 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 33 am A2020-4 ss 73-75 Developer control period—ACAT authorisation of actions s 33A ins A2020-4 s 76 Consent to building management statements for existing buildings s 33B ins A2023-24 s 21 am A2023-57 amdt 1.12 Executive committee—establishment s 34 hdg bracketed note exp 30 March 2013 (s 4 (3)) Executive committee—functions s 35 hdg bracketed note exp 30 March 2013 (s 4 (3)) Executive committee—before the first annual general meeting s 38 hdg bracketed note exp 30 March 2013 (s 4 (3)) Executive committee—at and from the first annual general meeting s 39 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 39 am A2020-4 ss 77-80; A2024-29 s 117 Executive committee—additional requirements for mixed use units plan s 39A ins A2020-4 s 81 Executive committee—office-holders s 40 hdg bracketed note exp 30 March 2013 (s 4 (3)) Executive committee—chairperson’s functions s 41 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 41 am A2020-4 s 82, s 83; A2025-29 amdt 4.185 Executive committee—secretary’s functions s 42 hdg bracketed note exp 30 March 2013 (s 4 (3)) Executive committee—treasurer’s functions s 43 hdg bracketed note exp 30 March 2013 (s 4 (3)) Executive committee—delegation s 44 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 44 am A2020-4 s 84 Executive committee—contractors and employees s 45 hdg bracketed note exp 30 March 2013 (s 4 (3)) Executive committee—validity of acts s 48 hdg bracketed note exp 30 March 2013 (s 4 (3)) Manager—contract s 50 hdg bracketed note exp 30 March 2013 (s 4 (3)) Manager not to be contracted for longer than 3 years s 51 hdg bracketed note exp 30 March 2013 (s 4 (3)) Manager—functions s 52 hdg bracketed note exp 30 March 2013 (s 4 (3)) Manager—ending contract s 54 hdg bracketed note exp 30 March 2013 (s 4 (3)) Manager—remedial breaches s 55 hdg bracketed note exp 30 March 2013 (s 4 (3)) Manager—code of conduct s 56 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 56 am A2020-4 s 85 Manager—public liability insurance s 57 hdg bracketed note exp 30 March 2013 (s 4 (3)) Manager—delegated functions s 58 hdg bracketed note exp 30 March 2013 (s 4 (3)) Definitions—div 4.3 s 59 hdg bracketed note exp 30 March 2013 (s 4 (3)) Service contractor—contract s 60 hdg bracketed note exp 30 March 2013 (s 4 (3)) Service contractor not to be contracted for longer than 25 years s 61 hdg bracketed note exp 30 March 2013 (s 4 (3)) Service contractor—functions s 62 hdg bracketed note exp 30 March 2013 (s 4 (3)) Service contractor—transfer s 63 hdg bracketed note exp 30 March 2013 (s 4 (3)) Service contractor—ending contract s 64 hdg bracketed note exp 30 March 2013 (s 4 (3)) Service contractor—remedial breaches s 65 hdg bracketed note exp 30 March 2013 (s 4 (3)) Communications officer—appointment s 66 hdg bracketed note exp 30 March 2013 (s 4 (3)) Communications officer—function s 67 hdg bracketed note exp 30 March 2013 (s 4 (3)) Owners corporation must have bank account s 68 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 68 am A2020-42 s 145 Owners corporation may invest s 69 hdg bracketed note exp 30 March 2013 (s 4 (3)) Owners corporation may borrow s 70 hdg bracketed note exp 30 March 2013 (s 4 (3)) Owners corporation must not carry on business s 71 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 71 am A2024-29 s 118 Definitions—div 5.2 s 72 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 72 def general fund contribution om A2023-24 s 22 def total sinking fund amount om A2013-11 amdt 1.26 def total sinking fund contribution ins A2013-11 amdt 1.26 Administrative fund s 73 hdg bracketed note exp 30 March 2013 (s 4 (3)) Special purpose fund s 74 hdg bracketed note exp 30 March 2013 (s 4 (3)) General fund—budget s 75 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 75 am A2019-10 s 38; A2020-4 s 86; A2024-29 s 119; pars renum R21 LA General fund—what must be paid into the fund? s 76 am A2024-29 s 120; pars renum R21 LA General fund—what can fund be used for? s 77 hdg bracketed note exp 30 March 2013 (s 4 (3)) General fund—contributions s 78 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 78 am A2020-4 s 87, s 88; A2023-24 s 23 General fund—notice of contributions s 79 hdg bracketed note exp 30 March 2013 (s 4 (3)) General fund—when are contributions payable? s 80 hdg bracketed note exp 30 March 2013 (s 4 (3)) Sinking fund s 81 hdg bracketed note exp 30 March 2013 (s 4 (3)) Sinking fund plan s 82 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 82 am A2012-30 amdt 1.25 (2) note 1 exp 30 March 2013 (s 165 (a)) am A2013-11 amdt 1.28; A2020-4 s 89 Sinking fund plan—meaning of expected sinking fund expenditure s 83 hdg bracketed note exp 30 March 2013 (s 4 (3)) Sinking fund plan—when must it be approved? s 84 (1) (b) note exp 30 March 2013 (s 165 (b)) Sinking fund plan—review s 85 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 85 (b) note exp 30 March 2013 (s 165 (c)) Sinking fund plan—amendment s 86 am A2012-30 amdt 1.26 sub A2013-11 amdt 1.29 Sinking fund—what must be paid into the fund? s 87 hdg bracketed note exp 30 March 2013 (s 4 (3)) Sinking fund—what can fund be used for? s 88 am A2013-11 amdt 1.30 Sinking fund—contributions s 89 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 89 am A2013-11 amdt 1.31, amdt 1.32; A2020-4 s 90, s 91; A2023-24 s 23 Sinking fund—notice of contributions s 90 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 90 am A2013-11 amdt 1.33 Sinking fund—when are contributions payable? s 91 hdg bracketed note exp 30 March 2013 (s 4 (3)) General and sinking funds in staged developments s 92 hdg bracketed note exp 30 March 2013 (s 4 (3)) Discounts—amounts owing s 93 hdg bracketed note exp 30 March 2013 (s 4 (3)) Interest—amounts owing s 94 hdg bracketed note exp 30 March 2013 (s 4 (3)) Recovery of amounts owing s 95 hdg bracketed note exp 30 March 2013 (s 4 (3)) Security for unpaid amounts—declaration of charge s 96 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 96 am A2020-4 s 92 Security for unpaid amounts—discharge s 97 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 97 am A2020-4 s 93 Liability of part-owners s 98 hdg bracketed note exp 30 March 2013 (s 4 (3)) Building insurance requirements s 100 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 100 sub A2020-4 s 94 Lodgment of insurance claims s 100A ins A2020-4 s 95 am A2023-24 s 24 Exemption from building insurance requirements s 101 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 101 am A2023-24 s 25 Public liability insurance by owners corporation s 102 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 102 am A2020-4 s 96 Application of insurance money by owners corporation s 103 hdg bracketed note exp 30 March 2013 (s 4 (3)) Additional insurance—owners corporation s 104 hdg bracketed note exp 30 March 2013 (s 4 (3)) Additional insurance—unit owners s 105 hdg bracketed note exp 30 March 2013 (s 4 (3)) Rules—generally div 6.1 hdg ins A2020-4 s 97 What are the rules of an owners corporation? s 106 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 106 notes 2, 3 exp 30 March 2013 (s 165 (d)) sub A2020-4 s 98 am A2023-24 s 26, s 27 Effect of rules s 107 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 107 am A2020-4 s 99, s 100 Owners corporation may make alternative rules s 108 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 108 am A2019-10 s 39; ss renum R11 LA sub A2020-4 s 101 am A2023-24 s 28, s 29 Effect of registration of alternative rule s 108A ins A2020-4 s 101 am A2023-24 s 30, s 31 Breach of rules—rule infringement notice s 109 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 109 am A2025-29 amdt 4.185 Breach of rules—failure to comply with rule infringement notice s 110 hdg bracketed note exp 30 March 2013 (s 4 (3)) Breach of rules—request for rule infringement notice s 111 hdg bracketed note exp 30 March 2013 (s 4 (3)) Application of Legislation Act s 112 hdg bracketed note exp 30 March 2013 (s 4 (3)) Rules—particular matters div 6.2 hdg ins A2020-4 s 102 Special privileges in relation to common property sdiv 6.2.1 hdg ins A2020-4 s 102 Grant of special privileges in relation to common property s 112A ins A2020-4 s 102 am A2023-24 s 32 Amendment or revocation of special privilege rule s 112B ins A2020-4 s 102 Rules about animals sdiv 6.2.2 hdg ins A2020-4 s 102 Owners corporation may make pet friendly rule s 112C ins A2020-4 s 102 Corporate register—establishment s 113 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 113 am A2014-49 amdt 1.49 Corporate register—information to be included s 114 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 114 am A2015-19 s 135; A2023-24 s 33; A2024-29 s 121 Corporate register—provision of information s 115 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 115 am A2015-19 s 136, s 137; ss renum R8 LA; A2023-24 s 34, s 35; pars renum R18 LA Corporate register—access s 116 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 116 am A2014-49 amdt 1.49; A2023-24 s 36, s 37 Names and addresses of executive members s 117 hdg bracketed note exp 30 March 2013 (s 4 (3)) Insurance information s 118 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 118 am A2020-4 s 103 Unit title certificates s 119 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 119 am A2020-4 s 104, s 105; ss renum R13 LA; A2021-5 s 16; ss renum R14 LA; A2023-24 s 38; ss renum R18 LA sub A2024-29 s 122 Unit title rental certificate information s 119A ins A2024-29 s 122 Updating unit title rental certificate information s 119B ins A2024-29 s 122 Acting on information in unit title certificate s 120 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 120 am A2024-29 s 123 Access to owners corporation records s 120A ins A2024-29 s 124 Offence—failure to provide information, certificate or access to owners corporation records s 121 hdg bracketed note exp 30 March 2013 (s 4 (3)) sub A2024-29 s 125 s 121 am A2024-29 ss 126-128 Owners corporation name, address and letterbox s 122 hdg bracketed note exp 30 March 2013 (s 4 (3)) Service of documents on owners corporation s 123 hdg bracketed note exp 30 March 2013 (s 4 (3)) Service of documents on members, interested people and occupiers s 124 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 124 am A2023-24 s 39 Disputes—generally s 125 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 125 sub A2020-4 s 106 Disputes involving the owners corporation—particular matters s 126 hdg bracketed note exp 30 March 2013 (s 4 (3)) Disputes about rules—general s 127 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 127 sub A2020-4 s 107 Disputes about rules—special privilege rules s 128 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 128 sub A2020-4 s 107 Kinds of ACAT orders s 129 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 129 am A2020-4 ss 108-110; ss renum R13 LA; A2023-24 s 40 Meaning of financed service contract and financier—pt 9 s 130 hdg bracketed note exp 30 March 2013 (s 4 (3)) Who is a financier for a service contract? s 131 hdg bracketed note exp 30 March 2013 (s 4 (3)) Financed service contract—notice of change s 132 hdg bracketed note exp 30 March 2013 (s 4 (3)) Financed service contract—limitation on ending s 133 hdg bracketed note exp 30 March 2013 (s 4 (3)) Financed service contract—person authorised to act for financier s 134 hdg bracketed note exp 30 March 2013 (s 4 (3)) Financed service contract—agreement between owners corporation and financier prohibited s 135 hdg bracketed note exp 30 March 2013 (s 4 (3)) Who may apply for an administration order? s 136 hdg bracketed note exp 30 March 2013 (s 4 (3)) ACAT appearances and service of applications s 137 hdg bracketed note exp 30 March 2013 (s 4 (3)) Appointment of administrator s 138 hdg bracketed note exp 30 March 2013 (s 4 (3)) Removal or replacement of administrator s 139 hdg bracketed note exp 30 March 2013 (s 4 (3)) Functions of administrator s 140 hdg bracketed note exp 30 March 2013 (s 4 (3)) Delegation by administrator s 141 hdg bracketed note exp 30 March 2013 (s 4 (3)) Mortgage insurance of unit s 142 hdg bracketed note exp 30 March 2013 (s 4 (3)) Payment under mortgage insurance policies s 143 hdg bracketed note exp 30 March 2013 (s 4 (3)) Transfer of mortgagee’s interest to insurer s 144 hdg bracketed note exp 30 March 2013 (s 4 (3)) Determination of fees s 145 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 145 am A2025-29 amdt 4.185 Approved forms s 146 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 146 am A2025-29 amdt 4.185 Regulation-making power s 147 hdg bracketed note exp 30 March 2013 (s 4 (3)) s 147 am A2020-4 s 111; ss renum R12 LA; A2025-29 amdt 4.185 Legislation amended—sch 5 s 148 om LA s 89 (3) Transitional pt 12 hdg exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Definitions—pt 12 s 149 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) def commencement day exp 30 March 2013 (s 165 (LA s 88 declaration applies)) def existing executive committee exp 30 March 2013 (s 165 (LA s 88 declaration applies)) def existing owners corporation exp 30 March 2013 (s 165 (LA s 88 declaration applies)) def UTA exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Existing corporations and executive committees s 150 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Representatives s 151 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Managers s 152 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Service contracts s 153 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Communication officers s 154 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Administrators s 155 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Agreements for work on behalf of unit owners or occupiers s 156 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Sinking fund plans s 157 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Approvals, authorisations, consents, decisions of existing owners corporation etc s 158 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) General meetings notified before commencement day s 159 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Articles of pre-2001 corporation s 160 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Articles of owners corporation under UTA s 161 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Transitional regulations s 162 exp 30 March 2013 (s 165) Unit Titles (Management) Regulation 2011 s 163 exp 30 March 2012 (s 163 (5) (LA s 88 declaration applies)) Transitional effect—Legislation Act, s 88 s 164 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Expiry—pt 12 etc s 165 exp 30 March 2013 (s 165 (LA s 88 declaration applies)) Transitional—Unit Titles Legislation Amendment Act 2020 pt 13 hdg ins A2020-4 s 112 Meaning of commencement day—pt 13 s 166 ins A2020-4 s 112 Special privileges relating to common property s 167 ins A2020-4 s 112 Obligations in relation to maintenance schedule s 168 ins A2020-4 s 112 Rules s 169 ins A2020-4 s 112 Rules—pets in units s 170 ins A2020-4 s 112 Executive committee’s audit obligations s 171 ins A2020-4 s 112 Expiry—pt 13 s 172 ins A2020-4 s 112 Transitional—Housing and Consumer Affairs Legislation Amendment Act 2024 pt 14 hdg ins A2024-29 s 129 Meaning of commencement day—pt 14 s 173 ins A2024-29 s 129 Unit title certificates given before commencement day s 174 ins A2024-29 s 129 Unit title update certificates given before commencement day s 175 ins A2024-29 s 129 Expiry—pt 14 s 176 ins A2024-29 s 129 Executive committee must keep minutes, and records and accounts sch 2, s 2.1 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 2, s 2.1 am A2014-49 amdt 1.49; A2020-4 ss 113-117; ss renum R13 LA; A2022-14 amdt 3.212; A2023-24 s 41; A2023-36 amdt 1.386 Working out the annual budget for audit purposes sch 2 s 2.1A ins A2023-24 s 42 Executive committee must present financial statements at annual general meeting sch 2, s 2.2 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 2, s 2.2 am A2020-4 s 118 Approving use of common property sch 2, s 2.4 hdg bracketed note exp 30 March 2013 (s 4 (3)) Decisions about taking legal action sch 2, s 2.5 hdg bracketed note exp 30 March 2013 (s 4 (3)) Taking urgent legal action sch 2, s 2.6 hdg bracketed note exp 30 March 2013 (s 4 (3)) Decisions about staged development sch 2, s 2.7 hdg bracketed note exp 30 March 2013 (s 4 (3)) Meetings of executive committee sch 2, s 2.8 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 2, s 2.8 am A2020-4 s 119 Quorum of executive committee sch 2, s 2.9 hdg bracketed note exp 30 March 2013 (s 4 (3)) Voting of executive committee sch 2, s 2.10 hdg bracketed note exp 30 March 2013 (s 4 (3)) Chairperson—meetings sch 2, s 2.11 hdg bracketed note exp 30 March 2013 (s 4 (3)) Conduct of general meetings sch 3, s 3.1 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 3, s 3.1 am A2020-4 s 120 Annual general meetings sch 3, s 3.2 hdg bracketed note exp 30 March 2013 (s 4 (3)) First annual general meeting sch 3, s 3.3 hdg bracketed note exp 30 March 2013 (s 4 (3)) First annual general meeting—developer to deliver records sch 3, s 3.4 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 3, s 3.4 am A2020-4 s 121, s 122; pars renum R13 LA General meetings other than annual general meetings sch 3, s 3.5 hdg bracketed note exp 30 March 2013 (s 4 (3)) Notice of general meetings sch 3, s 3.6 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 3, s 3.6 am A2019-10 s 40 Requirements for notice of general meetings sch 3, s 3.7 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 3, s 3.7 am A2019-10 s 41; A2020-42 s 146; A2025-29 amdt 4.185 Defective notice of meetings sch 3, s 3.8 hdg bracketed note exp 30 March 2013 (s 4 (3)) Quorum at a general meeting—owners corporation with 3 or more members sch 3, s 3.9 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 3, s 3.9 am A2019-10 s 42 Notice of reduced quorum decisions and adjournments sch 3, s 3.10 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 3 s 3.10 am A2023-57 s 49, s 50; ss renum R20 LA; A2025-29 amdt 4.185 Reduced quorum decisions—effect sch 3, s 3.11 hdg bracketed note exp 30 March 2013 (s 4 (3)) Quorum at a general meeting—owners corporation with 2 members sch 3, s 3.12 hdg bracketed note exp 30 March 2013 (s 4 (3)) Chairperson at a general meeting sch 3, s 3.13 hdg bracketed note exp 30 March 2013 (s 4 (3)) Decision-making at general meetings sch 3, s 3.14 hdg bracketed note exp 30 March 2013 (s 4 (3)) Ordinary resolutions sch 3, s 3.15 hdg bracketed note exp 30 March 2013 (s 4 (3)) Special resolutions sch 3, s 3.16 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 3, s 3.16 am A2020-4 ss 123-125; ss renum R13 LA Unopposed resolutions sch 3, s 3.17 hdg bracketed note exp 30 March 2013 (s 4 (3)) Unanimous resolutions sch 3, s 3.18 hdg bracketed note exp 30 March 2013 (s 4 (3)) Evidence of resolutions of owners corporation sch 3, s 3.19 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 3, s 3.19 am A2020-4 s 126 Who is entitled to vote? sch 3, s 3.20 hdg bracketed note exp 30 March 2013 (s 4 (3)) General meeting—decisions about staged development sch 3, s 3.21 hdg bracketed note exp 30 March 2013 (s 4 (3)) General meeting—decisions about defective building work sch 3, s 3.21A ins A2020-4 s 127 One vote—1 unit sch 3, s 3.22 hdg bracketed note exp 30 March 2013 (s 4 (3)) Voting by mortgagees sch 3, s 3.23 hdg bracketed note exp 30 March 2013 (s 4 (3)) Mortgagee voting notice—amendment and revocation sch 3, s 3.24 hdg bracketed note exp 30 March 2013 (s 4 (3)) Evidence of mortgagee’s entitlement to vote sch 3, s 3.25 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 3, s 3.25 am A2020-4 s 128 Proxy votes sch 3, s 3.26 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 3, s 3.26 am A2020-4 s 129; A2020-42 s 147, s 148; ss renum R13 LA; A2021-5 s 17, s 18; ss renum R14 LA; A2025-29 amdt 4.185 Proxy votes—limit on developer sch 3, s 3.27 hdg bracketed note exp 30 March 2013 (s 4 (3)) Value of votes sch 3, s 3.28 hdg bracketed note exp 30 March 2013 (s 4 (3)) Polls sch 3, s 3.29 hdg bracketed note exp 30 March 2013 (s 4 (3)) Voting by chairperson sch 3, s 3.30 hdg bracketed note exp 30 March 2013 (s 4 (3)) Absentee votes sch 3, s 3.31 hdg bracketed note exp 30 March 2013 (s 4 (3)) Alternative voting mechanism sch 3, s 3.31A ins A2020-4 s 130 People under 18 or under other legal disabilities sch 3, s 3.32 hdg bracketed note exp 30 March 2013 (s 4 (3)) sch 3, s 3.32 am A2022-14 amdt 3.213 Declaration by chairperson of result of voting sch 3, s 3.33 hdg bracketed note exp 30 March 2013 (s 4 (3)) Default rules sch 4 hdg notes 2, 3 exp 30 March 2013 (s 165 (e)) sch 4 om A2020-4 s 131 Consequential amendments sch 5 om LA s 89 (3) New Unit Titles (Management) Regulation sch 6 om R1 LA dict am A2012-21 amdt 3.199; A2020-4 s 132; A2023-36 amdt 1.387 def administration order am A2015-50 amdt 3.157 def alternative rules ins A2020-4 s 133 def assistance animal ins A2020-4 s 133 def audit ins A2020-4 s 133 def building and development provision sub A2023-36 amdt 1.388 def building management statement ins A2020-4 s 133 sub A2021-25 amdt 1.7 def company sub A2012-21 amdt 3.200 def declared land sublease ins A2015-19 s 138 sub A2023-36 amdt 1.388 def default rules sub A2020-4 s 134 def developer am A2015-50 amdt 3.158 def developer’s maintenance schedule ins A2020-4 s 135 def eligible person am A2023-36 amdt 1.389; A2024-29 s 130, s 131 def executive committee representative om A2020-4 s 136 def grantee ins A2020-4 s 137 def maintenance requirement ins A2020-4 s 137 def manager sub A2015-50 amdt 3.159 def member sub A2015-50 amdt 3.159 def owner, occupier or user om A2020-4 s 138 def pet friendly rule ins A2020-4 s 139 def retirement village ins A2019-10 s 43 def rule sub A2020-4 s 140 def service contract sub A2015-50 amdt 3.159 def service contractor sub A2015-50 amdt 3.159 def special privilege ins A2020-4 s 141 def special privilege rule ins A2020-4 s 141 def sustainability infrastructure sub A2020-4 s 142 def total sinking fund amount om A2013-11 amdt 1.34 def total sinking fund contribution ins A2013-11 amdt 1.35 def unit subsidiary om A2025-29 amdt 3.347 def unit title certificate om A2024-29 s 132 def unit title rental certificate ins A2024-29 s 133 def unit title sale certificate ins A2024-29 s 133 def unit title sale update certificate ins A2024-29 s 133 def voting value am A2015-50 amdt 3.160 5 Earlier republications 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. Electronic and printed versions of an authorised republication are identical. No and date Effective Last amendment made by for 30 Mar 2012 30 Mar 2012– 30 Mar 2012 not amended new Act 31 Mar 2012 31 Mar 2012– not amended expiry of provision (s 163) 5 June 2012– A2012-21 amendments by A2012-21 14 June 2012– 30 Mar 2013 A2012-30 amendments by A2012-30 31 Mar 2013 31 Mar 2013– 3 Apr 2013 A2012-30 expiry of provisions (s 4 (2), (3), pt 12 (ss 149-165), certain notes in pt 5, pt 6, sch 4 and bracketed heading notes) 4 Apr 2013 4 Apr 2013– 16 Nov 2014 A2013-11 amendments by A2013-11 17 Nov 2014 17 Nov 2014– A2014-49 amendments by A2014-49 1 July 2015– 8 Dec 2015 A2015-19 amendments by A2015-19 9 Dec 2015 9 Dec 2015– 25 Apr 2018 A2015-50 amendments by A2015-50 26 Apr 2018 26 Apr 2018– A2018-9 amendments by A2018-9 Earlier republications 5 No and date Effective Last amendment made by for 1 July 2019– 29 Apr 2020 A2019-10 amendments by A2019-10 30 Apr 2020 30 Apr 2020– 31 Oct 2020 A2020-4 amendments by A2020-4 1 Nov 2020 1 Nov 2020– 8 Apr 2021 A2020-42 amendments by A2020-4 and A2020-42 9 Apr 2021 9 Apr 2021– 17 Nov 2021 A2021-5 amendments by A2021-5 18 Nov 2021 18 Nov 2021– 23 Aug 2022 A2021-25 amendments by A2021-25 24 Aug 2022 24 Aug 2022– 1 Nov 2022 A2022-14 amendments by A2022-14 2 Nov 2022 2 Nov 2022– A2022-14 expiry of provisions (pt 13) 1 July 2023– 26 Nov 2023 A2023-24 amendments by A2023-24 27 Nov 2023 27 Nov 2023– 11 Dec 2023 A2023-36 amendments by A2023-36 12 Dec 2023 12 Dec 2023– A2023-57 amendments by A2023-57 16 July 2024– A2024-29 amendments by A2024-29 15 May 2025– A2024-29 amendments by A2024-11 17 July 2025– 25 Nov 2025 A2024-29 expiry of provisions (pt 14) 6 Expired transitional or validating provisions 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.