AUSTRALIAN CAPITAL TERRITORY

unit titles act 1970
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 26 July 2001
TABLE OF PROVISIONS
Section
Part i—preliminary
	1.	Short title
	2.	Commencement
	3.	Parts
Part II—Interpretation
	4.	Definition of “unit” and “unit subsidiary”
	5.	Other definitions
	6.	References to proprietor, mortgagee or lessee	
	7.	Plural references to members, proprietors or committee-men where only 1 exists
	8.	References to special resolutions
	9.	References to unanimous resolutions
Part III—Proposals for SUBDIVISION
	10.	Units and unit subsidiaries
	11.	Proposals for subdivision
	12.	Documents to be included in proposals
	13.	Nature of diagrams to be included in proposals
	14.	Boundaries of units and unit subsidiaries
	15.	Common boundaries
	16.	Approval of unit titles application
	17.	Conditional approval of subdivision
	18.	Documents to be forwarded to lessee by Minister
	18A.	Lessee to give security in certain circumstances where proposals approved
	19.	Rent under lease of common property
	20.	Rent under leases of units
	21.	Final approval where conditions complied with
	22.	Endorsement of units plan for registration
	23.	Endorsement lapses after 3 months
Part IV—Effect of Registration of Units Plans
	24.	Subdivision of parcel made by registration
	25.	Leases of units and common property
	26.	Common property to be held in trust
	27.	Easements created by this Act
	28.	No alteration of schedule of unit entitlement
Part V—Management Corporations
Division 1—Constitution of Corporations
	29.	Incorporation of proprietors of units
	30.	Membership of corporation
	31.	Body corporate which is member may appoint representative
	32.	Legal status of corporation
	34.	Corporation to act through committee
Division 2—Duties, Functions and Powers of Corporations
	35.	General provisions
	36.	General duties
	37.	Banking and investment of moneys of corporation
	38.	Contributions by members of the corporation
	39.	Statement of members’ liability to the corporation, and inspection of books etc.
	40.	Names and addresses of committee-men
	41.	No business for profit
	42.	Borrowing powers
	43.	Breaches of articles may be remedied
	44.	Acquisition and alienation of property
	45.	Agreements with members
	46.	Special privileges relating to common property
	47.	Recovery of cost of certain repairs etc.
	48.	Recovery of expenditure resulting from fault
	49.	Liability of co-proprietors
Division 3—Committees of Corporations
	50.	Constitution of committee before first annual general meeting
	51.	Constitution of committee after first annual general meeting
	52.	Meetings of committee
	53.	Quorum of committee
	54.	Chairman of committee
	55.	Voting of committee
	56.	Committee may delegate duties, functions and powers
	57.	Committee may employ agents and servants
	58.	Minutes, records and accounts
	59.	Validity of acts of committee
Division 4—General Meetings of Corporations
	60.	Annual general meetings
	61.	Convening of first annual general meeting
	62.	Convening of general meeting other than the first annual general meeting
	63.	Notice of general meetings
	64.	Chairman of general meeting
	65.	Quorum at a general meeting
Division 5—Voting at General Meetings
	66.	Voting by members
	67.	Voting by mortgagees
	68.	Declaration by chairman of result of voting
	69.	Polls
	70.	Votes may be cast personally or by proxy
	71.	Value of votes
	72.	Voting by chairman
	73.	No vote unless dues paid
	74.	Absentee votes on unanimous resolutions
	75.	Joint voters
	76.	Capacity to vote
	77.	Courts’ powers in respect of voting
Division 6—Articles of Corporations
	78.	Articles of corporation
	79.	Effect of articles
	80.	Alteration of articles
	81.	Application of Interpretation Act
Part VI—Insurance
	82.	Insurance by corporation
	83.	Insurable interest of corporation
	84.	Corporation’s insurance moneys not to be brought into contribution
	85.	Inspection of policies and receipts for premiums
	86.	Mortgage insurance of unit
	87.	Payment under policy
	88.	Transfer of mortgagee’s interest to insurer
	89.	Mortgage insurance moneys not to be brought into contribution
	90.	Other insurance by proprietor
	91.	Application of insurance moneys
Part VII—Administrators
	92.	Appointment of administrator
	93.	Removal or replacement of administrator
	94.	Notice to Registrar and corporation of order under section 92 or 93
	95.	Duties, functions and powers of administrator
	96.	Administrator may delegate duties, functions and powers
Part VIII—Cancellation and Alteration of Units Plans
	97.	Court order for cancellation of units plan
	98.	Effect of cancellation of units plan
	99.	Rights and liabilities of corporation vested in former members
	100.	Approval of scheme for alteration of units plan
	101.	Order of Court for alteration of units plan
	102.	Effect of registration of order for elimination of unit
	103.	Interested persons may be heard
	104.	Directions for lodging orders with Registrar
	105.	Expiry of terms of leases
Part IX—Miscellaneous
	106.	Facilities for service of documents
	107.	Service of documents
	109.	Effect of determination of lease of unit
	110.	Further lease of unit
	111.	Unit entitlement includes further lease
	112.	Evidence of resolutions
	113.	Enforcement of Act
	114.	Jurisdiction conferred on Court
	116.	Determined fees
	117.	Regulations
The Schedule
ARTICLES

AUSTRALIAN CAPITAL TERRITORY

unit titles act 1970
An Act relating to the Subdivision of Land into Units, Unit Subsidiaries and Common Property
Part I—Preliminary
Short title
1.  This Act may be cited as the Unit Titles Act 1970.1
Commencement
2.  This Act shall come into operation on a date to be fixed by the Minister by notice published in the Gazette.
Parts
3.  This Act is divided into Parts, as follows:
Part  I—Preliminary (Sections 1-3)
Part  II—Interpretation (Sections 4-9)
Part  III—Proposals for Subdivision (Sections 10-23)
Part  IV—Effect of Registration of Units Plans (Sections 24-28)
Part  V—Management Corporations
Division 1—Constitution of Corporations (Sections 29-34)

Division 2—Duties, Functions and Powers of Corporations (Sections 35-49)
Division 3—Committees of Corporations (sections 50-59)
Division 4—General Meetings of Corporations (Sections 60-65)
Division 5—Voting at General Meetings (Sections 66-77)
Division 6—Articles of Corporations (Sections 78-81)
Part   VI—Insurance (Sections 82-91)
Part  VII—Administrators (Sections 92-96)
Part VIII—Cancellation and Alteration of Units Plans (Sections 97-105)
Part   IX—Miscellaneous (Sections 106-117).
Part II—Interpretation
Definition of “unit” and “unit subsidiary”
4.  (1)  In this Act, except in Part III, “unit” means a part of the relevant parcel shown on the units plan as a unit.
(2)  In this Act—
“unit subsidiary” means a part of the relevant parcel shown on the units plan as a unit subsidiary.
(3)  Unless the contrary intention appears, a reference in this Act, except in Part III, to a unit shall, in a case where a unit subsidiary is appurtenant to a unit, be read as a reference to both the unit and the unit subsidiary.
Other definitions
5.  In this Act, unless the contrary intention appears—
“administrator” means an administrator appointed under section 92 of this Act;
“building”, in relation to proposals for subdivision, includes a building proposed to be erected;
“Class A unit” means a unit described in subparagraph (i) of paragraph (a) of section 10 of this Act, and does not include a unit subsidiary;
“Class B unit” means a unit described in subparagraph (ii) of paragraph (a) of section 10 of this Act, and does not include a unit subsidiary;
“committee” means the committee of a corporation constituted by section 34;
“committee-man” means a member of a committee;
“common property” means so much of a parcel as is not within a unit;
“corporation” means a corporation constituted by section 29;
“determined fee” means a fee determined by the Minister under section 116 for the purposes of the provision in which the expression occurs;
“general meeting” means a general meeting of a corporation;
“improvements” includes fittings and fixtures;
“Land Act” means the Land (Planning and Environment) Act 1991;
“lease” means—
	(a)	in relation to a unit—the lease of the unit referred to in paragraph 25 (1) (b) or subsection 110 (2);
	(b)	in relation to common property—the lease of the common property referred to in paragraph 25 (1) (c); or
	(c)	in relation to a parcel—the lease of the parcel granted under, or continued in force by, the Land Act or the lease referred to in subsection 98 (1A);
as the case requires;
“lessee” means—
	(a)	in relation to a unit—the registered proprietor of the lease of the unit;
	(b)	in relation to common property—the registered proprietor of the lease of the common property; or
	(c)	in relation to a parcel—the registered proprietor of the lease of the parcel;
as the case requires;
“member” means a member of a corporation;
“mortgage” means a registered mortgage, or a registered encumbrance, within the meaning of the Land Titles Act 1925-1970, and “mortgaged” has a corresponding meaning;
“mortgagee” means the registered proprietor of a mortgage and, in relation to a unit, means the registered proprietor of a mortgage of the lease of the unit;
“parcel” means the whole of the land comprised in proposals for the subdivision of a parcel of land or in a units plan, as the case may be;
“proprietor”, in relation to a unit, means the registered proprietor of the lease of the unit;
“registered” means registered in the Register—
	(a)	under the Land Titles Act 1925 or that Act as amended as in force at the relevant time; or
	(b)	under the Land Titles (Unit Titles) Act 1970,
and “register” and “registration” have corresponding meanings;
“the Court” means the Supreme Court;
“the Registrar” has the same meaning as in the Land Titles Act 1925-1970;
“unit entitlement”, in relation to a unit, means the number specified in the schedule of unit entitlement as the unit entitlement for the unit;
“units plan” means all the documents referred to in subsection 22 (1) and endorsed under that section, being documents relating to the subdivision of the relevant parcel.
References to proprietor, mortgagee or lessee
6.  In this Act, unless the contrary intention appears, a reference to a proprietor, mortgagee or lessee shall be read as including—
	(a)	in the case of a natural person—a reference to the heirs, executors, administrators or assigns of that person or to a person in whom the property of the first-mentioned person is vested, or by whom that property is controlled, under the Bankruptcy Act 1966 of the Commonwealth; or
	(b)	in the case of a body corporate other than a corporation—a reference to its liquidators or assigns.
Plural references to members, proprietors or committee-men where only 1 exists
7.  In this Act, a reference to—
	(a)	members, in relation to a corporation with only 1 member;
	(b)	proprietors, in relation to units in a case where the relevant corporation has only 1 member; or
	(c)	committee-men, in relation to a committee with only 1 committee-man;
shall be read as a reference to the person who is that member or committee-man.
References to special resolutions
8.  In this Act, a reference to a special resolution shall be read as—
	(a)	where the total number of units is more than 2—a reference to a resolution at a duly convened general meeting, passed by votes representing not less than 2-thirds of the total number of units and not less than half of the aggregate unit entitlement of the units; or
	(b)	where the total number of units is 2—a reference to a resolution passed unanimously at a duly convened general meeting.
References to unanimous resolutions
9.  (1)  In this Act, a reference to a unanimous resolution shall be read as a reference to—
	(a)	where only 1 person is entitled to vote at a general meeting—a resolution made by that person and recorded by him or her as a unanimous resolution in the minute book of the corporation kept under this Act; or
	(b)	where more than 1 person is entitled to vote at a general meeting—a resolution, at a duly convened general meeting, unanimously passed by all the members of the corporation and recorded as a unanimous resolution in the minute book of the corporation kept under this Act.
(2)  For the purposes of paragraph 1 (b), a mortgagee of a unit by whom notice in accordance with subsection 67 (1) has been given shall be deemed to be a member of the corporation to the exclusion of the proprietor whose estate or interest is subject to the mortgage.
Part III—Proposals for Subdivision
Units and unit subsidiaries
10.  In this Part—
	(a)	a reference to a unit shall be read as a reference to either of the following:
	(i)	a part of the parcel, being a part of a building, bounded by reference to floors, walls and ceilings; or
	(ii)	a part of the parcel unlimited in its vertical dimensions except to the extent of any projection above, or encroachment below, ground level by another part of the parcel; and
	(b)	a reference to a unit subsidiary shall be read as a reference to either of the following:
	(i)	a part of the parcel, being a building or part of a building consisting only of a utility room, laundry, store-room, balcony, verandah, porch, stairway, shed, garage or car port; or
	(ii)	a part of the parcel suitable for any 1                                                                                                                                                                                                                        or more of the following purposes, namely, a parking area for vehicles or a garden, lawn or yard, and unlimited in its vertical dimensions except to the extent of any projection above, or encroachment below, ground level by another part of the parcel.
Proposals for subdivision
11.  (1)  The lessee under a lease of a parcel of land granted under, or continued in force by, the Land Act or under a lease of a parcel of land referred to in subsection 98 (1A) may apply to the Minister for approval of proposals for the subdivision of the parcel under this Act.
(1A)  An application under this section shall be accompanied by the determined fee.
(2)  The proposals shall provide for the subdivision of the parcel into not less than 2 units and common property, and may provide for 1 or more than 1 unit subsidiary appurtenant to a unit.
(3)  Where the proposals provide for a unit subsidiary, it shall be appurtenant to a specified unit, whether or not it is contiguous to that unit.
(4)  An uncovered balcony or uncovered stairway that is not shown in the proposals as part of a Class B unit shall, unless it is to be common property, be shown in the proposals as a unit subsidiary and not as part of a unit.
(5)  Any land contiguous to a Class A unit or to a unit subsidiary (being a unit subsidiary consisting of a building or part of a building) shall not be shown in the proposals as part of that unit or unit subsidiary but nothing in this subsection prevents that land from being a unit subsidiary, part of a Class B unit or common property.
(6)  For the purposes of subsection (5), “land” does not include—
	(a)	a building or part of a building; or
	(b)	land upon which a building or part of a building is situated.
Documents to be included in proposals
12.  (1)  The proposals shall include—
	(a)	diagrams showing the manner in which it is proposed to subdivide the parcel and—
	(i)	showing, in respect of each unit, whether it is a Class A unit or a Class B unit;
	(ii)	showing the unit subsidiary or unit subsidiaries (if any) appurtenant to each unit;
	(iii)	allotting to each unit a number; and
	(iv)	allotting to each unit subsidiary the number of the unit to which it is appurtenant and the letter “S” and, if there are 2 or more unit subsidiaries appurtenant to the same unit, an additional number for each unit subsidiary;
	(b)	a schedule specifying—
	(i)	in respect of each unit—a whole number, being the unit entitlement proposed for that unit;
	(ii)	a whole number, being the aggregate unit entitlement proposed for all the units; and
	(iii)	the rent (however expressed) that it is proposed will be reserved under the lease of each unit; and
	(c)	where the proposals provide for the erection or alteration of, or an addition to, a building—a copy of the plans and specifications for the erection, alteration or addition.
(2)  Where the proposals provide for a unit subsidiary, the diagrams shall show whether it is a utility room, laundry, store-room, balcony, verandah, porch, stairway, shed, garage, car port, parking area, garden, lawn or yard.
Nature of diagrams to be included in proposals
13.  (1)  The diagrams referred to in paragraph 12 (1) (a) shall include—
	(a)	a diagram showing—
	(i)	the boundaries of the parcel;
	(ii)	the boundaries at ground level, or, in an appropriate case, the boundaries projected to ground level, of the extremities of each building on the parcel; and
	(iii)	if the proposals include provisions for the subdivision of the parcel into Class B units—the boundaries of each of those units,
so drawn that the relationship of those boundaries to one another is shown;
	(b)	where the proposals provide for a building to be so subdivided that 1 Class A unit is wholly or partly above another Class A unit—a separate diagram for each floor of the building showing sufficient particulars, at floor level, from which the vertical boundaries of each unit on that floor are ascertainable, without necessarily specifying any bearings or dimensions;
	(c)	where the proposals provide for a building to be subdivided into 2 or more Class A units otherwise than in the manner referred to in the paragraph (b)—a diagram showing sufficient particulars, at floor level, from which the vertical boundaries of each unit are ascertainable, without necessarily specifying any bearings or dimensions; and
	(d)	where the proposals provide for a Class B unit that is limited in its vertical dimensions by a projection above, or encroachment below, ground level by another part of the parcel—a statement on the diagram on which the unit is shown to the effect that the unit is so limited and stating the nature of the limitation.
(2)  A diagram referred to in paragraph (1) (b) or (c) shall show the approximate floor area of each unit.
(3)  This section applies to and in relation to—
	(a)	a unit subsidiary consisting of a building or part of a building as if that unit subsidiary were a Class A unit; and
	(b)	any other unit subsidiary as if that unit subsidiary were a Class B unit.
(4)  Subject to paragraph (1) (b), any 2 or more diagrams referred to in that subsection may be combined.
Boundaries of units and unit subsidiaries
14.  (1)  Where—
	(a)	the proposals show a unit as a Class A unit; or
	(b)	a unit subsidiary consists of a building or part of a building,
the boundaries of the unit or the unit subsidiary, as the case may be, shall be ascertained by reference to its floors, walls and ceilings.
(2)  Where—
	(a)	the proposals show a unit as a Class B unit; or
	(b)	a unit subsidiary does not consist of a building or part of a building,
the boundaries of the unit or the unit subsidiary, as the case may be, shall be ascertained from the diagrams in the proposals, and the unit or the unit subsidiary, as the case may be, is unlimited in its vertical dimensions except to the extent of any projection above, or encroachment below, ground level by another part of the parcel.
Common boundaries
15.  (1)  Subject to subsection (3) where, in accordance with the proposals, a Class A unit or a unit subsidiary consisting of a building or part of a building is separated from common property, from a unit or from a unit subsidiary by a floor, wall or ceiling, the common boundary between them lies along the centre of that floor, wall or ceiling, as the case may be.
(2)  Where a Class A unit or a unit subsidiary consisting of a building or part of a building is bounded by reference to an external wall of the building—
	(a)	the boundary of that unit or unit subsidiary lies along the centre of that wall; and
	(b)	so much of that wall as is outside that boundary is common property.
(3)  If the proposals specify that a boundary referred to in subsection (1) lies elsewhere than in the position there described, the boundary is as so specified.
Approval of unit titles application
16.  (1)  The Minister shall not approve the proposals unless—
	(a)	each unit is suitable for separate occupation and for use in a manner not inconsistent with the covenants in the lease of the parcel;
	(b)	the schedule of unit entitlement is reasonable, having regard to the respective values of the units;
	(c)	the proposals conform to sections 10 to 15 (inclusive);
	(d)	the rent proposed to be reserved under the lease of each unit is reasonable in the circumstances of the subdivision; 
	(da)	in the case of a parcel of land currently leased for rural purposes, or purposes including rural purposes—
	(i)	the Minister has determined criteria under subsection (2A); and
	(ii)	the proposals are in accordance with those criteria; and
	(e)	the lessee has paid the determined fee (if any).
(2)  In determining the value of a unit for the purposes of paragraph (1) (b), the value of a unit subsidiary or unit subsidiaries appurtenant to the unit shall be taken into consideration.
(2A)  A determination of the Minister under subparagraph (1) (da) (i) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
(3)  Subject to subsection (1), the Minister shall approve the proposals if the lessee of the parcel is not in breach of a covenant contained in the lease of the parcel or in breach of a provision of the Land Act or a requirement made under that Act, being a provision or requirement that applies to or in relation to him or her in his or her capacity as the lessee of the parcel, but, if he or she is in breach of such a covenant, provision or requirement, the Minister may, in his or her discretion, approve or refuse to approve the proposals.
(4)  Where the Minister refuses to approve proposals on the ground that the rent proposed to be reserved under the lease of 1 or more of the units to which the proposals relate is not reasonable, he or she shall determine, in the case of each of the units to which the proposals relate, the rent that he or she considers reasonable in the circumstances of the subdivision and the rent so determined shall be taken to be a reasonable rent for the purposes of paragraph (1) (d).
(5)  In making a determination under subsection (4) of rents in respect of the leases of units, the Minister shall not cause the aggregate of the amounts of all of the rents to be an amount that is more than the amount of the rent payable, at the date of the determination, under the lease of the parcel.
(6)  Where the Minister makes a determination under subsection (4), the Minister shall cause to be forwarded to the lessee of the parcel a notice—
	(a)	setting out particulars of the determination; and
	(b)	in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
(8)  The lessee of a parcel may apply to the Administrative Appeals Tribunal for a review of a determination made by the Minister under subsection (4).
(9)  Where, in pursuance of subsection (4), the Minister has determined rents in respect of the leases of units and the aggregate of all of those rents is an amount that is the same as the amount of rent payable, at the date of the 
determination, under the lease of the parcel, the Administrative Appeals Tribunal shall not, in reviewing that determination, determine the rents in respect of the leases of those units so as to cause the aggregate of the amounts of all of the rents to be an amount other than that payable, at that date, under the lease of the parcel.
Conditional approval of subdivision
17.  (1)  Subject to this section, an approval under section 16 shall, in the case of proposals referred to in paragraph 12 (1) (c), be expressed to be subject to the condition that the erection or alteration of, or addition to, the building will be completed in accordance with those proposals within such time as is specified by the Minister in the approval or within such extended time as the Minister from time to time allows.
(2)  Subsection (1) does not apply where each of the units and each of the unit subsidiaries (if any) into which it is proposed to subdivide the parcel is a part of the parcel wholly unlimited in its vertical dimensions.
Documents to be forwarded to lessee by Minister
18.  (1)  Where the Minister has approved the proposals, he or she shall cause to be forwarded to the lessee of the parcel—
	(a)	notice in writing that he or she has approved the proposals or, if the approval is subject to the condition referred to in section 17, that he or she has approved the proposals subject to that condition being complied with;
	(b)	a schedule setting out, in relation to each of the units, the rent to be reserved under the lease of the unit and the provisions, covenants and conditions subject to which the lease of the unit is to be held;
	(c)	a schedule setting out, in relation to the common property, the provisions, covenants and conditions subject to which the lease of the common property is to be held; and
	(d)	where, in accordance with section 18A, the Minister requires the lessee of the parcel to give security, a notice informing the lessee of that requirement.
(2)  A reference in subsection (1) to a unit shall be read as including a reference to a unit subsidiary appurtenant to the unit.
Lessee to give security in certain circumstances where proposals approved
18A.  (1)  Where the Minister gives his or her approval, not being a conditional approval under section 17, in respect of proposals that provide for the erection or alteration of, or an addition to, a building or buildings, he or she may require the lessee of the parcel of land to give security in accordance with this section for the due completion, within such time as the Minister may allow, of the erection or alteration of, or addition to, the building or buildings.
(2)  The security referred to in subsection (1) is a bond to the Territory in accordance with a form approved by the Minister in an amount not exceeding 10% of the total cost of the erection or alteration of, or addition to, the building or buildings with a surety approved by the Minister in the same amount in accordance with a form approved by the Minister.
(3)  Where a bond given in pursuance of subsection (1) is forfeited, the Territory shall be entitled to the whole of the moneys specified in the bond or to such lesser amount as the Minister may determine.
(4)  Where, in relation to a parcel of land—
	(a)	the Minister has approved proposals in respect of which security has been given in pursuance of this section;
	(b)	the units plan in respect of the proposals has been registered; and
	(c)	the lease or an interest in the lease of a unit, being one of the units into which the parcel has been subdivided, has been transferred or assigned with the consent of the Minister under subsection 180 (2) of the Land Act;
the proposals in so far as they relate to the erection or alteration of, or addition to, a building in respect of that unit shall be disregarded in determining for the purposes of this section whether the erection or alteration of, or addition to, the building or buildings provided for in the proposals has been duly completed.
Rent under lease of common property
19.  The rent to be reserved under the lease of the common property is 5 cents per annum payable if and when demanded.
Rent under leases of units
20.  The rent to be reserved under the lease of a unit (including any unit subsidiary appurtenant to the unit), in the case of a subdivision the proposals for which were approved by the Minister, whether conditionally or otherwise, before the date of commencement of the Unit Titles Act 1975, is 5 cents per annum payable if and when demanded.
Final approval where conditions complied with
21.  Where a conditional approval has been granted, the Minister shall, on an application made for the purpose by the lessee of the parcel, give his or her final approval to the proposals if—
	(a)	the condition has been complied with; and

	(b)	the applicant is not in breach of a covenant contained in the lease of the parcel or in breach of a provision of the Land Act or a requirement made under that Act, being a provision or requirement that applies to or in relation to the applicant in his or her capacity as the lessee of the parcel;
but, in any other case, the Minister may, in his or her discretion, grant or refuse to grant final approval of the proposals.
Endorsement of units plan for registration
22.  (1)  Where approval, not being a conditional approval, of the proposals has been granted or, a conditional approval having been granted, final approval of the proposals has been granted under section 21, the lessee of the parcel may submit to the Minister for endorsement under this section—
	(a)	diagrams showing the subdivision in accordance with the proposals as so approved;
	(b)	the schedule of unit entitlement as so approved; and
	(c)	schedules in accordance with the schedules forwarded under paragraphs 18 (1) (b) and (c);
prepared in accordance with the requirements of the Land Titles (Unit Titles) Act 1970.
(2)  Each sheet of the documents referred to in subsection (1) shall be signed by the lessee of the parcel.
(3)  There shall be endorsed on the diagram showing the boundaries referred to in paragraph (a) of subsection (1) of section 13 of this Act a certificate on the appropriate form prescribed by the Land Titles (Unit Titles) Act 1970 by a registered surveyor.
(4)  Subject to subsection (6), the Minister shall make on the appropriate form prescribed by the Land Titles (Unit Titles) Act 1970 an endorsement that the documents are approved under this Act as the units plan for the subdivision of the parcel and affix his or her signature to, and note the date of, that endorsement and affix his or her signature to each other sheet of the documents, unless—
	(a)	any alteration of, or addition to, a building on the parcel has occurred since the proposals were approved by him or her;
	(b)	the lessee of the parcel is in breach of a covenant, provision or requirement referred to in paragraph 21 (b); or
	(c)	the documents submitted to him or her are not in accordance with the proposals as approved by him or her.

(5)  Paragraph (4) (a) does not apply where the proposals approved by the Minister provide for the erection or alteration of, or an addition to, a building or buildings.
(6)  Where the Minister, in pursuance of section 18A, requires the lessee of the parcel to give security, the Minister shall not make an endorsement under subsection (4) unless the documents submitted to him or her under subsection (1) are accompanied by the security required by the Minister.
Endorsement lapses after 3 months
23.  (1)  An endorsement made under section 22 ceases to have effect—
	(a)	on the expiry of the period of 3 months after the date on which it was made, unless the units plan is lodged with the Registrar under the Land Titles (Unit Titles) Act 1970  within that period; or
	(b)	if the units plan is so lodged within that period and is subsequently withdrawn under section 26 of that Act—when the endorsement is made by the Registrar under that section.
(2)  If an endorsement so ceases to have effect, the lessee of the parcel may again submit the documents to the Minister for endorsement under section 22, whereupon that section and this section apply as if the previous endorsement had not been made.
Part IV—Effect of Registration of Units Plans
Subdivision of parcel made by registration
24.  On and after the registration of the units plan, the parcel is subdivided in the manner specified in the diagrams in the units plan and the boundaries of the units, of the unit subsidiaries (if any) and of the common property shall be ascertained in accordance with those diagrams and with sections 14 and 15 as if a reference in those sections to proposals were a reference to the units plan.
Leases of units and common property
25.  (1)  On the registration of the units plan—
	(a)	the lease of the parcel is determined;
	(b)	the person who was, immediately before the registration of the units plan, the lessee of the parcel becomes possessed of an estate of leasehold in each unit for the term fixed under subsection (2) and subject to the provisions, covenants and conditions set out in the units plan in relation to that unit as if a separate lease of that unit for that term and subject to those provisions, covenants and conditions had been granted to him or her by the Commonwealth under the Land Act; and
	(c)	the corporation becomes possessed of an estate of leasehold in the common property for the term fixed under subsection (2) and subject to the provisions, covenants and conditions set out in the units plan in relation to the common property as if a lease of the common property for that term and subject to those provisions, covenants and conditions had been granted to the corporation by the Commonwealth under the Land Act.
(2)  The term of the lease of a unit and of the lease of the common property commences on the registration of the units plan and expires on the date specified in the units plan, being the date on which, but for the operation of this section, the term of the lease of the parcel would have expired.
(3)  The estate of which a person or the corporation, as the case may be, becomes possessed under this section—
	(a)	is subject to any mortgage referred to in section 10 of the Land Titles (Unit Titles) Act 1970; and
	(b)	is subject to, and has appurtenant to it, the easements created by section 27 of this Act and any easement referred to in section 10 of that Act.
Common property to be held in trust
26.  (1)  The corporation shall hold the common property in trust for the persons who are for the time being the members of the corporation as tenants in common in undivided shares proportional to the unit entitlements of their respective units, and shall afford those persons opportunity for the reasonable use and enjoyment of the common property.
(2)  The estate in the lease of the common property held by the corporation is not capable, either at law or in equity, of being transferred, assigned, sublet or mortgaged.
Easements created by this Act
27.  (1)  In this section—
“proprietor”, in relation to the common property, means the corporation;
“tenement” means a unit or the common property, as the case may be.
(2)  On and after the registration of the units plan, the proprietor of each tenement (in this section called “the dominant tenement”) shall be deemed to have over each other tenement (in this section called “the servient tenement”) such of the rights specified in subsection (3) as are necessary for the reasonable use and enjoyment of the dominant tenement.
(3)  The rights referred to in subsection (2) are—
	(a)	rights of support, shelter and protection—
	(i)	afforded by the servient tenement at the time of the registration of the units plan; and
	(ii)	where the lease of the servient tenement is subject to a covenant requiring the proprietor of that tenement to carry out any works on the land included in the lease or on unleased land adjacent to the land included in the lease, that will be afforded by the servient tenement upon compliance by the proprietor with that covenant;
	(b)	rights for the collection, passage and provision of water, sewerage, drainage, garbage, gas, electricity and air, and other services of whatsoever nature (including telephone, radio and television services), through or by means of pipes, wires, cable, ducts, or other reasonable means; and
	(c)	such ancillary rights as are necessary to make the rights referred to in paragraphs (a) and (b) effective, including rights of entry by the proprietor of the dominant tenement and his or her agents, servants and workmen at all reasonable times on the servient tenement for the purpose of—
	(i)	inspecting, maintaining or repairing the servient tenement; or
	(ii)	inspecting, maintaining, repairing, replacing, renewing or restoring any pipe, wire, cable, duct or other material.
(4)  A right created by this section shall be deemed to be an easement appurtenant to the dominant tenement in relation to which it is enjoyed.
(5)  An easement created by this section subsists notwithstanding that the same person is the proprietor of both the dominant and servient tenements.
(6)  A person exercising a right under an easement created by paragraph (3) (b) or (c) is liable to make good any damage done in the course of exercising that right.
No alteration of schedule of unit entitlement
28.  On and after the registration of the units plan, an alteration of the schedule of unit entitlement is not capable of being registered unless it is made in pursuance of an order of the Court under Part VIII or pursuant to an approval under Part VI of the Land Act.
Part V—Management Corporations
Division 1—Constitution of Corporations
Incorporation of proprietors of units
29.  On and after the registration of a units plan, there is constituted a body corporate under the name “The Proprietors—Units Plan No.  ”, the number to be included in the name being the number allotted to the units plan by the Registrar on its registration.
Membership of corporation
30.  The members of the corporation so constituted are the persons who are proprietors, for the time being, of the units.
Body corporate which is member may appoint representative
31.  A body corporate which is the proprietor of a unit may from time to time appoint a person to represent it for the purposes of the provisions of Divisions 3, 4 and 5 of this Part (other than sections 63, 73, 74 and 75) and, in that event those provisions apply as if that person were the proprietor of that unit.
Legal status of corporation
32.  A corporation—
	(a)	has perpetual succession;
	(b)	shall have a common seal; and
	(c)	may sue and be sued in its corporate name.
Corporation to act through committee
34.  (1)  On and after the constitution of a corporation, there shall be a committee of the corporation which, subject to this Act, shall perform all the duties and functions, and may exercise all the powers, imposed or conferred on the corporation.
(2)  Those duties and functions shall be performed and those powers shall be exercised by the committee in such manner as the corporation by resolution passed at a general meeting directs or, in the absence of such a resolution, in such manner as the committee thinks fit.

Division 2—Duties, Functions and Powers of Corporations
General provisions
35.  (1)  A corporation shall perform the duties, may exercise the powers, and may perform the functions, imposed or conferred on it by this Act.
(2)  A corporation may do such things as are incidental or ancillary to the performance of its duties or functions or to the exercise of its powers.
General duties
36.  (1)  Subject to this section, a corporation shall— 
	(a)	be responsible for the enforcement of its articles and the control, management and administration of the common property;
	(b)	keep in a state of good repair and properly maintain the common property and all chattels in its possession, custody or control;
	(c)	maintain in good repair and proper working order and, if renewal is reasonably necessary, renew, all pipes, wires, cables, ducts, and apparatus and equipment of any kind used, or intended, adapted or designed for use, in the provision of services in respect of which easements are created by section 27; and
	(d)	comply with any requirement made by or under any law in force in the Territory.
(2)  Where the lease of a unit or the common property is subject to a covenant whereby the lessee is required to carry out any works on the land included in the lease or on unleased land adjacent to the land included in the lease, paragraphs (1) (b) and (c) shall not apply to the corporation until the issue by the Minister in respect of that covenant, and in respect of any similar covenant to which any other of the leases, in accordance with the units plan, is subject, of a certificate issued under section 179 of the Land Act.
Banking and investment of moneys of corporation
37.  (1)  A corporation shall open and maintain an account at a bank, credit union or building society into which it shall pay all moneys received by it and out of which shall be paid all expenditure incurred by it.
(2)  Subject to subsection (3), moneys of a corporation may be invested—
	(a)	in such manner as trust funds may be invested under the Trustee Act 1957; or
	(b)	in such other manner as is authorised by a special resolution.

(3)  Moneys of a corporation shall not be invested in mortgages of land.
Contributions by members of the corporation
38.  (1)  A corporation shall, from time to time, determine the amount that it will require by way of contributions from its members to discharge expenditure that it may reasonably be expected to incur, or has incurred, by reason of the performance of the duties and functions and the exercise of the powers imposed or conferred on it by this Act.
(2)  A corporation shall, in a determination made under subsection (1), specify the time within which, and the manner in which, contributions so determined are to be paid by its members.
(3)  Subject to subsection (4), the contribution payable in respect of each unit is such amount as bears to the total amount referred to in the determination the same proportion as the unit entitlement of the unit, as at the date of the determination, bears to the aggregate unit entitlement of all the units as at that date.
(4)  Where—
	(a)	a determination made under subsection (1) relates to expenditure to be incurred by the corporation in discharge of a specified liability; and
	(b)	before the making of that determination, the corporation has, by a unanimous resolution, resolved that contributions for that expenditure are payable in a proportion other than that specified in subsection (3);
the contribution payable in respect of each unit for that expenditure is such amount as is ascertained in accordance with that resolution.
(5)  The corporation shall cause notice of each determination made under subsection (1) of this section to be given to its members and shall, in the notice given to a member, specify the amount payable by him or her in respect of his or her unit and the time within which, and the manner in which, that amount is payable.
(6)  If an amount payable in respect of a unit is not paid within the period specified in the notice, that amount is recoverable as a debt due to the corporation from the person who was the proprietor of the unit on the date on which the notice was so given and from the person who is the proprietor of that unit on the date on which the action is instituted.
(7)  The liability under subsection (6) is joint and several.

Statement of members’ liability to the corporation, and inspection of books etc.
39.  (1)  This section applies to the following persons:
	(a)	the proprietor or mortgagee of a unit;
	(b)	a person who produces the consent in writing of the proprietor of a unit to the making of a request under this section; and
	(c)	a person who states in such a request that he or she is an applicant for the right to the grant of a lease of a unit, being a unit the lease of which has been determined in the manner referred to in section 109 of this Act, and produces the consent in writing of a person authorised by the Minister to give consents under this paragraph to the making of a request under this section.
(2)  A person to whom this section applies may request the relevant corporation—
	(a)	to issue to him or her, within 14 days after the request is received by the corporation, a certificate under the seal of the corporation certifying whether or not any amount that is payable under section 38 by way of contribution in respect of that unit is unpaid on the date of the certificate and, if so, the amount unpaid and the date on or before which the amount is, or will become, due; or
	(b)	to make, as soon as is reasonably practicable after the request is received by the corporation, the books and records of the corporation available for his or her inspection and to give him or her reasonable opportunity to inspect those books and records.
(3)  A request under this section shall be in writing and shall be accompanied by a fee, not exceeding $2, fixed by the corporation.
(4)  If default has been made by a corporation in complying with a request made under this section, each person who was, at the time when the default occurred, a committee-man of the corporation is, unless he or she proves that he or she took reasonable steps to ensure that the default did not occur or proves that the default occurred without his or her knowledge, guilty of an offence and is punishable, on conviction, by a fine not exceeding 50 penalty units.
(5)  Where a person has acted in good faith on a matter stated in a certificate issued by the corporation under this section, then, in an action by or against the corporation, the corporation is estopped, as against that person, from denying the truth of that or any other matter stated in the certificate.
Names and addresses of committee-men
40.  A corporation shall comply with any reasonable request for the names and addresses of its committee-men.
No business for profit
41.  (1)  Except in the course of, and for the purpose of, exercising its powers and performing its functions and duties, a corporation shall not carry on business.
(2)  If default has been made by a corporation in complying with subsection (1), each person who was, at the time when the default occurred, a committee-man of the corporation is, unless he or she proves that he or she took reasonable steps to ensure that the default did not occur or proves that the default occurred without his or her knowledge, guilty of an offence and is punishable, on conviction, by a fine not exceeding 50 penalty units.
Borrowing powers
42.  A corporation may, if authorised by a unanimous resolution—
	(a)	borrow moneys required by it for the purpose of performing its duties or functions or exercising its powers; and
	(b)	secure the repayment of moneys borrowed by it and the payment of interest on those moneys.
Breaches of articles may be remedied
43.  (1)  If a person who is bound by a provision of the articles of a corporation commits a breach of that provision by act or omission, the corporation may serve upon that person a notice in writing giving particulars of the breach and requiring him or her to remedy the breach within a reasonable time specified in the notice.
(2)  If the person upon whom the notice has been served fails to remedy the breach within the time specified in the notice, the corporation may itself remedy the breach.
Acquisition and alienation of property
44.  (1)  A corporation may, if authorised by special resolution—
	(a)	purchase, hire or otherwise acquire, or accept, personal property (not being a leasehold interest) for its own use or for any use in connection with the use and enjoyment of the common property; and
	(b)	dispose of any property so purchased, acquired or accepted.
(2)  A corporation may, if authorised by unanimous resolution—
	(a)	grant an easement over any portion of the common property;
	(b)	acquire or accept an easement granted for the benefit of the common property; or
	(c)	release an easement so granted, acquired or accepted;
but an easement shall not be so granted, acquired or accepted or released except upon such terms and conditions and for such purposes as are specified in the resolution.
(3)  Subject to paragraph 25 (1) (c), a corporation is not capable, either at law or in equity, of acquiring or possessing any interest in land (not being an easement granted for the benefit of the common property).
Agreements with members
45.  A corporation may, if authorised by a special resolution, enter into and carry out an agreement with a proprietor or occupier of a unit providing for the repair or maintenance of the unit or for the provision of amenities or services by it to that unit or to that proprietor or occupier.
Special privileges relating to common property
46.  (1)  A corporation may, if authorised by a unanimous resolution, grant to a member, or any person who has derived an interest in a unit through  a member, any special privilege (not being a sublease) in respect of the enjoyment of part or parts of the common property.
(2)  A grant made under subsection (1) may be terminated by notice in writing given by the corporation to the grantee in accordance with a special resolution.
Recovery of cost of certain repairs etc.
47.  (1)  Where a corporation has performed any act which it was required or authorised by its articles or by or under this Act or any other law in force in the Territory to perform, and which related to 1 unit only or some of the units only, any money expended by the corporation in performing that act is recoverable by the corporation as a debt from the proprietor or proprietors, for the time being, of that unit or those units, as the case may be.
(2)  Where the act referred to in subsection (1) related to some of the units only, the amount recoverable from a proprietor in respect of a unit bears to the whole amount of the debt the same proportion as the unit entitlement of the unit bears to the aggregate unit entitlement of all those units.
(3)  For the purposes of this section—
	(a)	“act” includes repairs and work; and
	(b)	an act shall be deemed to relate to a unit if, but only if, the act is wholly or substantially for the benefit of the unit or wholly or substantially the liability or the responsibility of the proprietor of the unit.
Recovery of expenditure resulting from fault
48.  Where a corporation has incurred any expenditure or performed any repairs, work or act that it was required or authorised by its articles or by or under this Act or any other law in force in the Territory to perform, the expenditure, repairs, work or act having been rendered necessary by reason of any wilful or negligent act or omission on the part of, or breach of any provision of its articles by, a member of the corporation, the amount of that expenditure or any money expended by it in performing the repairs, work or act is recoverable by it from the member as a debt.
Liability of co-proprietors
49.  (1)  Where 2 or more persons are proprietors of a unit and an amount is recoverable under section 38 or section 47 from the proprietor of that unit, the liability or those persons in respect of the payment of that amount is joint and several.
(2)  As between themselves, each of those persons is liable for an amount that bears to the whole amount the same proportion as the value of his or her interest in the unit bears to the value of the whole interest of all the proprietors of the unit.
(3)  If 1 of those persons pays an amount in excess of that proportion, he or she may recover the excess from the other proprietor.
Division 3—Committees of Corporations
Constitution of committee before first annual general meeting
50.  (1)  Until the first annual general meeting, the committee consists of all the members of the corporation.
(2)  Until the first annual general meeting, the committee shall not perform a duty or function imposed, or exercise a power conferred, on the corporation unless it is authorised by a unanimous resolution to do so.
Constitution of committee after first annual general meeting
51.  (1)  After the first annual general meeting, the committee shall, subject to this section, consist of such number of members of the corporation as is determined at that meeting, being a number not less than 3 and not more than 7.
(2)  Subject to this section, the number of committee-men may be varied by ordinary resolution passed at a general meeting.
(3)  The corporation may, by special resolution, fix a number of committee-men exceeding 7.
(4)  Where—
	(a)	there are not more than 3 members of the corporation; or
	(b)	the number of members of the corporation is equal to or less than the number determined, for the time being, to be the number of committee-men,
the committee consists of all the members of the corporation.
(5)  Except where subsection (4) is applicable, the committee-men shall be elected at each annual general meeting and shall hold office until the next annual general meeting.
(6)  Except where the committee consists of all the members of the corporation, the corporation may, by special resolution, remove any committee-man before the expiry of his or her term of office and appoint another member of the corporation in his or her place to hold office for the unexpired part of the term of office of the committee-man so removed.
(7)  Subject to subsection (6), when a casual vacancy occurs on the committee, the remaining committee-men may appoint another member of the corporation in place of, and for the unexpired part of the term of office of, the committee-man whose office is vacant.
Meetings of committee
52.  (1)  Subject to subsection (2), the committee may meet for the conduct of business as and when it determines and may adjourn and otherwise regulate its meetings as it thinks fit.
(2) A committee-man may convene a meeting of the committee by giving to each other committee-man not less than 7 days written notice specifying the business that he or she proposes to bring before the meeting and the time and place of the meeting.
Quorum of committee
53.  (1)  No business shall be transacted at a meeting of the committee unless a quorum is present at the relevant time.
(2)  For the purposes of subsection (1), a quorum is—
	(a)	where the total number of committee-men is an odd number—a number ascertained in accordance with the formula—
;  or

	(b)	where the total number of committee-men is an even number—a number ascertained in accordance with the formula—
+ 1,
where X is the total number of committee-men.
Chairman of committee
54.  (1)  At the commencement of each meeting of the committee, the committee-men present shall elect a chairman for the meeting.
(2)  If any chairman so elected vacates the chair or is unwilling or unable to act as chairman during the course of a meeting, the committee-men present shall elect another chairman in his or her place.
(3)  The chairman elected under subsection (1) or (2) is not prevented from exercising his or her deliberative vote as a committee-man and, in the case of an equality of votes, is entitled to a second or casting vote.
(4)  In the case of a committee of 2, in the event of an equality of votes the chairman is not entitled to a second or casting vote.
Voting of committee
55.  (1)  At meetings of the committee, all matters shall be decided by a majority of the votes of the committee-men present and voting.
(2)  In the case of a committee of 2, all matters shall be decided by a unanimous vote.
Committee may delegate duties, functions and powers
56.  (1)  Subject to any restriction or direction that may be imposed or given by ordinary resolution passed at a general meeting, the committee may delegate to 1 or more of the committee-men either generally or otherwise as provided by the instrument of delegation, all or any of its duties, functions and powers, except this power of delegation.
(2)  A duty so delegated shall be performed, and a function or power so delegated may be performed or exercised, by the delegate in accordance with the instrument of delegation.
(3)  A delegation under this section is revocable at will and does not prevent the performance of a duty or function, or the exercise of a power, by the committee.
Committee may employ agents and servants
57.  Subject to any restriction or direction that may be imposed or given by special resolution, the committee may, for and on behalf of the corporation, employ, on such terms and conditions as it thinks fit, agents and servants in connection with the performance of the duties and functions and the exercise of the powers of the corporation.
Minutes, records and accounts
58.  (1)  The committee shall—
	(a)	keep minutes of its proceedings;
	(b)	cause minutes of proceedings at all general meetings of the corporation to be kept in a minute book of the corporation kept for the purpose;
	(c)	include in that book a record of every unanimous resolution, special resolution and ordinary resolution of the corporation;
	(d)	cause proper records and books of account to be kept in respect of the assets and liabilities of the corporation and all sums of money received and expended by and owing to and by the corporation; and
	(e)	cause those minutes, records and books of account to be retained for a period of 3 years after the completion of the transactions, acts or operations to which they relate.
(2)  At each annual general meeting, the committee shall present to the corporation statements showing all moneys received and paid by, and assets and liabilities of, the corporation covering the period since the last accounts so presented or, in the case of the first annual general meeting, since the registration of the units plan, and made up to a date that is not more than 3 months before the date of that meeting.
(3)  If default has been made by the committee in complying with subsection (1) or (2), each person who was, at the time when the default occurred, a committee-man is, unless he or she proves that he or she took reasonable steps to ensure that the default did not occur or proves that the default occurred without his or her knowledge, guilty of an offence and is punishable, on conviction, by a fine not exceeding 20 penalty units.
Validity of acts of committee
59.  No act done in good faith by the committee is invalidated merely by reason of the fact that at the relevant time there was some defect in the appointment or continuance in office of a committee-man.
Division 4—General Meetings of Corporations
Annual general meetings
60.  (1)  A corporation shall hold a general meeting (which shall be called the annual general meeting and may be held in addition to any other general meeting held in the same year) at least once in every year and, except in the case of the first annual general meeting, not more than 15 months after the date of the last annual general meeting.
(2)  Subject to this Division, a corporation may hold, adjourn and otherwise regulate general meetings as it thinks fit.
Convening of first annual general meeting
61.  (1)  The first annual general meeting shall be held within 6 months after the registration of the units plan.
(2)  The first annual general meeting may be convened by the committee or by any member of the corporation.
Convening of general meeting other than the first annual general meeting
62.  (1)  The committee—
	(a)	may, whenever it thinks fit; and
	(b)	shall, upon a requisition in writing specifying the matters to be considered at a general meeting and made by members having not less than 25% of the aggregate unit entitlement, upon notice given in accordance with section 63, convene a general meeting.
(2)  Where a mortgagee has, in a notice given under section 67 or in a subsequent written notice, notified the corporation that he or she is to be regarded as a member of the corporation in respect of that unit for the purposes of subsection (1), the mortgagee shall be deemed for those purposes to be a member of the corporation in respect of that unit.
Notice of general meetings
63.  (1)  Subject to subsection (2), the time to be fixed for the holding of a general meeting shall be a time which will permit not less than 14 days notice of the time fixed for the meeting to be given.
(2)  Where it appears to the committee that a matter to be considered at a general meeting requires a unanimous resolution, the time to be fixed for the holding of the general meeting shall be a time that will permit not less than 21 days notice of the time fixed for the meeting to be given.
(3)  A notice for a general meeting—
	(a)	shall specify the time, date and place fixed for the holding of the meeting;
	(b)	if it appears to the committee that any matter to be considered at the meeting is a matter that requires a unanimous resolution, shall specify that matter and state the fact that it requires a unanimous resolution; and
	(c)	shall be given to all the members of the corporation and to all mortgagees who have given notice to the corporation under section 67.
(4)  Notice under subsection (3) shall be deemed to have been sufficiently given to a person if sent by prepaid post as a letter properly addressed to the last address of that person notified to the corporation or, if no such address has been so notified, to the person’s last known place of abode or, if that person is a body corporate, to its registered office, its place of business or any other known address.
(5)  The proceedings at a general meeting are not invalidated—
	(a)	merely by reason of the fact that a person did not receive notice under this section; or
	(b)	merely by reason of the fact that such a notice was received by a person less than 14 days or 21 days, as the case may be, before the time fixed for the meeting.
(6)  Where notice of a general meeting has been received by a person less than 14 days or 21 days, as the case may be, before the time fixed for the meeting, the meeting shall, if that person so requests, be adjourned to a date to be determined by the persons present and voting at the meeting.
Chairman of general meeting
64.  (1)  At the commencement of a general meeting, the members present shall elect a chairman for the meeting.
(2)  If any chairman so elected vacates the chair or is unwilling or unable to act as chairman during the course of the meeting, the members present shall elect another chairman in his or her place.
Quorum at a general meeting
65.  (1)  No business shall be transacted at a general meeting unless a quorum is present.
(2)  If within half an hour after the time appointed for a general meeting under section 63 a quorum is not present, the meeting shall be adjourned to the same day in the next week at the same place and time.
(3)  Subject to subsection (4), a quorum at a general meeting is constituted by—
	(a)	where the number of members of the corporation is more than 2—persons entitled to exercise voting rights in respect of not less than half the total number of units; or
	(b)	where the number of members of the corporation is 2—both members of the corporation.
(4)  Where—
	(a)	a meeting is adjourned under subsection (2);
	(b)	a quorum is not present within half an hour after the time fixed for the adjourned meeting; and
	(c)	the number of members of the corporation is more than 2;
a quorum is constituted by the persons who are then present and entitled to vote.
Division 5—Voting at General Meetings
Voting by members
66.  (1)  Subject to section 67, at a general meeting—
	(a)	where a unanimous resolution is required, each member is entitled to exercise 1 vote; and
	(b)	where a unanimous resolution is not required, 1 vote is exercisable in respect of each unit and that vote is exercisable by the member who is the proprietor of that unit or, where there are 2 or more proprietors of that unit, jointly by the members who are those proprietors.
(2)  Where a corporation has only 2 members, all matters shall be decided by a unanimous vote.
Voting by mortgagees
67.  (1)  Where the estate or interest of the proprietor of a unit is subject to a mortgage or mortgages, the mortgagee or, if there are 2 or more such mortgages, the mortgagee under whichever of those mortgages is entitled to priority over the other mortgage or other mortgages may give the corporation written notice that the unit is subject to the mortgage and that he or she proposes to exercise the rights conferred by this section.
(2)  Where a mortgagee of a unit has given notice under subsection (1) and the mortgage has not been discharged, the right to vote in respect of that unit, on a matter requiring a unanimous resolution, that would, but for this subsection, be exercisable by the proprietor of that unit—
	(a)	shall not be exercised by the proprietor; and
	(b)	may be exercised by the mortgagee.
(3)  Where—
	(a)	a mortgagee of a unit has given notice under subsection (1);
	(b)	he or she or his or her proxy is present at a general meeting of the corporation at the time of voting; and
	(c)	the mortgage has not been discharged,
the right to vote in respect of that unit, on a matter not requiring a unanimous resolution, that would, but for this subsection, be exercisable by the proprietor of that unit—
	(d)	shall not be exercised by the proprietor; and
	(e)	may be exercised by the mortgagee.
(4)  Where 2 or more persons are mortgagees of a unit as joint tenants or as tenants in common—
	(a)	the right to give notice under this section is exercisable only by them jointly;
	(b)	the right to vote conferred upon them by this section is exercisable only by them jointly; and
	(c)	for the purposes of subsection (3), those mortgagees shall be deemed not to be present at a meeting unless their proxy is present at that meeting.
 (5)  Where—
	(a)	the lease of a unit is held by 2 or more persons as tenants in common; and
	(b)	1 of those tenants in common has mortgaged his or her estate or interest as registered proprietor of the lease;
the mortgagee may give notice to the corporation in accordance with subsection (1) and thereupon subsections (1) to (4) (inclusive) apply in relation to the right to vote that the mortgagor would, but for this subsection, be entitled to exercise.
Declaration by chairman of result of voting
68.  Where a unanimous resolution is not required, then, unless a poll is demanded under section 69, a declaration by the chairman of the meeting that a resolution has been carried is conclusive evidence of the fact without proof of the number or proportion of votes recorded against or in favour of that resolution.
Polls
69.  (1)  Except where a unanimous resolution is required, a poll may be demanded by any person present and entitled to vote.
(2)  A demand for a poll may be withdrawn.
(3)  A poll, if demanded, shall be taken in such manner as the chairman of the meeting thinks fit and the result of the poll, which shall be declared by the chairman as soon as it is ascertained, shall determine whether or not the resolution in respect of which the poll was demanded has been carried.
Votes may be cast personally or by proxy
70.  (1)  Subject to sections 74 and 75, votes at a general meeting may be cast either personally or by proxy, whether on a poll or not.
(2)  An instrument appointing a proxy for the purposes of this Division shall be in accordance with a form determined by the committee.
Value of votes
71.  Except where a unanimous or special resolution is required, every vote is of equal value unless a poll is demanded and held, and in that event the value of each vote corresponds to the unit entitlement of the unit in respect of which it is exercised.
Voting by chairman
72.  (1)  The chairman of a general meeting is not prevented from exercising his or her deliberative vote as a member and, in the case of an equality of votes on an ordinary resolution, whether on a poll or not, is entitled to a second or casting vote.
(2)  Where a corporation has only 2 members, in the event of an equality of votes on an ordinary resolution, whether on a poll or not, the chairman is not entitled to a second or casting vote.
No vote unless dues paid
73.  Except where a unanimous resolution is required, the right to vote in respect of a unit is not exercisable unless all amounts due and payable in respect of that unit to the corporation by the member or members liable to pay those amounts have been paid.
Absentee votes on unanimous resolutions
74.  (1)  Where notice has been given that it is proposed to move at a general meeting a matter requiring a unanimous resolution and more than 1 person is entitled to attend the meeting and vote on the resolution—
	(a)	the committee shall, with the notice of the meeting given to each person, give a voting paper; and
	(b)	a person entitled to vote on the proposed resolution may, in lieu of voting in any other manner, cast an absentee vote by recording his or her vote on the voting paper and causing it to be delivered to the corporation before the commencement of the meeting.
(2)  A vote recorded and delivered in accordance with subsection (1) shall be accepted by the chairman of the meeting concerned as a valid vote by the person exercising it and that person shall, except for the purposes of section 65, be deemed to be present at the meeting and to have exercised his or her power of voting on that resolution.
Joint voters
75.  (1)  Where 2 or more persons are entitled to exercise 1 vote jointly, that vote shall be exercised only by a person (who may or may not be 1 of them) jointly appointed by them as their proxy.
(2)  Notwithstanding subsection (1), where 2 or more persons are entitled to exercise 1 vote jointly, any 1 of them may, except where a unanimous resolution is required, demand a poll.
Capacity to vote
76.  The right of a person to vote at a general meeting—
	(a)	may, subject to paragraph (b), be exercised by him or her if he or she has attained the age of 18 years;
	(b)	shall not be exercised by him or her if he or she is under a legal disability (not being infancy) that prevents him or her from lawfully dealing with his or her property, but may in that event be exercised by the person who is, for the time being, authorised by law to control that property; and
	(c)	shall not be exercised by him or her if he or she has not attained the age of 18 years, but may in that event be exercised by his or her guardian.
Courts’ powers in respect of voting
77.  (1)  Where for any reason it is impossible or impracticable to obtain the exercise by a person of his or her right to vote on a matter requiring a unanimous resolution or it is not known by what person a right to vote on such a matter is exercisable, the Court, on the application of the corporation or of any other person entitled to vote on the matter, may by order—
	(a)	appoint a fit and proper person to exercise, on behalf of the first-mentioned person, the right to vote; or
	(b)	declare that any person’s right to vote shall be dispensed with either on a particular occasion or generally.
(2)  Where the Court has made an order under paragraph (1) (a), the person appointed by the Court may exercise the right to vote of the person named in the order.
(3)  Where the Court has made an order under paragraph (b) of subsection (1) of this section, the provisions of this Division have effect as if no right to vote were exercisable by the person in question on the particular occasion or generally, as the case may be.
(4)  In making an order under subsection (1), the Court may make such provision as it thinks necessary or expedient to give effect to the order.
(5)  In this section, a reference to a right to vote shall be read as including a reference to a right to appoint a proxy to vote.
Division 6—Articles of Corporations
Articles of corporation
78.  (1)  On or after the constitution of a corporation under section 29, the articles of a corporation shall consist of—
	(a)	the articles set out in the Schedule, subject to any alteration under section 80; and
	(b)	where the corporation has 2 or 3 members—such articles relating to voting procedures and dispute resolution as are prescribed by regulation.
(2)  Where a corporation has only 2 members, any articles prescribed under paragraph (1) (b) shall include procedures for dealing with a failure to obtain a quorum at a general meeting of the corporation within half an hour after the time fixed for a meeting adjourned under subsection 65 (2).
Effect of articles
79.  (1)  The corporation and each of the members of the corporation are bound by, and have the rights conferred by, the articles of the corporation to the same extent as if—
	(a)	the corporation and each member had agreed under seal with each other and each other member to be bound by the articles; and
	(b)	the articles contained covenants on the part of the corporation and each member to observe all the provisions of the articles.
(2)  Unless the articles of the corporation otherwise provide, an occupier of a unit, not being the proprietor of the unit, is bound by the articles of the corporation as if he or she were the proprietor of the unit.
Alteration of articles
80.  (1)  A corporation may by special resolution alter its articles by amending, rescinding or adding to its articles or by making articles in the place of articles so rescinded.
(1A)  Where a corporation has 2 or 3 members, the corporation shall not alter the articles referred to in paragraph 78 (b).
(2)  Subject to subsection (3), an alteration of the articles of a corporation—
	(a)	has no force or effect unless a copy of the special resolution making the alteration, certified under the seal of the corporation as a true copy, is lodged with and registered by the Registrar; and
	(b)	has force and effect on and from the date of its registration or such later date as is fixed by the special resolution.
(3)  To the extent that an alteration of the articles of a corporation results in a provision of the articles—
	(a)	being inconsistent with a provision of this Act other than a provision in the Schedule to this Act;
	(b)	imposing a duty or conferring a power on the corporation which is not incidental or ancillary to the performance of the duties or functions, or the exercise of the powers, imposed or conferred on it by this Act; or
	(c)	prohibiting or restricting the devolution, transfer, lease or mortgage of, or any other dealing with—
	(i)	an interest in a unit; or
	(ii)	the equitable estate of the proprietor of a unit in the common property;
the alteration has no force or effect.
Application of Interpretation Act
81.  (1)  Part III of the Interpretation Act 1967 applies to and in relation to the articles of a corporation as if the articles were an Act and as if each article were a section of an Act.
(2)  Expressions used in the articles of a corporation have, unless the contrary intention appears, the same meaning as in this Act.
Part VI—Insurance
Insurance by corporation
82.  (1)  Subject to subsection (3) of this section, a corporation shall insure and keep insured all buildings and other improvements on the parcel for their replacement value from time to time against all the following risks:
	(a)	fire, lightning, tempest, earthquake and explosion;
	(b)	riot, civil commotion, strikes and labour disturbances;
	(c)	malicious damage;
	(d)	bursting, leaking and overflowing of boilers, water tanks, water pipes and associated apparatus; and
	(e)	impact of aircraft (including parts of, and objects falling from, aircraft) and of road vehicles, horses and cattle.
(2)  Subject to subsection (3), a corporation shall insure itself and keep itself insured against liability in respect of—
	(a)	death, bodily injury or illness; or
	(b)	loss of, or damage to, property;
occurring in connection with the common property as a result of an accident, for such aggregate amount of liability, being not less than $100,000 at any one time, as is determined by the corporation.
(3)  A corporation may, by unanimous resolution, resolve that it will not insure against such of the risks referred to in subsections (1) and (2) as are specified in the resolution, and, in that event, the corporation is not required by this section to insure against a risk so specified.
(4)  Where a corporation has, under subsection (3), resolved that it will not insure against a particular risk, a proprietor or mortgagee of a unit may at any time serve on the corporation a written notice requiring it to insure against that risk.
(5)  The unanimous resolution ceases to have effect in relation to the risk specified in the notice 28 days after the receipt by the corporation of the notice and the corporation shall, in accordance with subsection (1) or (2), as the case may be, insure against that risk.
(6)  As soon as is practicable after the receipt by the corporation of the notice, the corporation shall notify every member and every mortgagee of a unit—
	(a)	of the particulars of the notice and the date of its receipt; and
	(b)	of the date on and from which the risk specified in the notice is, or is to be, covered by insurance effected by the corporation.
(7)  Nothing in this section shall be construed as limiting the right of a corporation to effect such additional insurance as it determines.
(8)  In this section—
“risk” includes any liability referred to in subsection (2) of this section.
Insurable interest of corporation
83.  For all purposes connected with any insurance effected by it under subsection 82 (1), a corporation shall be deemed to have an insurable interest in the buildings and improvements on the parcel to the extent of their replacement value.
Corporation’s insurance moneys not to be brought into contribution
84.  The moneys received by a corporation under a policy of insurance effected by it under subsection 82 (1) in respect of any buildings or other improvements on the parcel shall not be liable to be brought into contribution with moneys received under any other policy of insurance except another policy effected under that subsection in respect of the same buildings or improvements.
Inspection of policies and receipts for premiums
85.  A corporation shall, on the written request of a member or the mortgagee of a unit, produce for inspection by the member or mortgagee the policy or policies of insurance effected by the corporation and the receipt or receipts for premiums paid under those policies.
Mortgage insurance of unit
86.  Where the estate or interest of the proprietor of a unit is subject to a mortgage or mortgages, the proprietor may effect 1 or more policies of insurance that indemnify him or her against liability under the mortgage or mortgages, being liability arising out of damage to, or destruction of, the unit.
Payment under policy
87.  Where a policy of insurance is in force under section 86, the insurer is liable to pay to the mortgagee whose interest is noted  on the policy or, if there are 2 or more such mortgagees, to those mortgagees in their order of registered priority—
	(a)	the sum insured as stated in the policy;
	(b)	the amount of the loss; or
	(c)	the amount sufficient, at the date of the loss, to discharge the mortgage or mortgages noted on the policy;
whichever is the least amount.
Transfer of mortgagee’s interest to insurer
88.  Payment by the insurer to a mortgagee under section 87 does not entitle the mortgagor to a discharge of the mortgage, but, upon that payment—
	(a)	if the amount paid equals the amount necessary to discharge the mortgage, the insurer is entitled to obtain from the mortgagee a transfer of the mortgage; or
	(b)	if the amount paid is less than the amount necessary to discharge the mortgage, the insurer is entitled to obtain from the mortgagee a transfer of an undivided share of the mortgagee’s estate and interest in the mortgage that bears to that estate and interest the same proportion as the amount paid bears to the amount that was owing under the mortgage immediately before the payment.
Mortgage insurance moneys not to be brought into contribution
89.  The moneys received under a policy of insurance effected in relation to a unit by the proprietor of that unit under section 86 shall not be brought into contribution with moneys received under any other policy of insurance except another policy effected under that section which indemnifies that person against liability arising out of damage to, or destruction of, that unit.
Other insurance by proprietor
90.  Nothing in this Part shall be construed as limiting the right of a proprietor of a unit to ensure against damage to, or destruction of, the unit to the extent of its replacement value.
Application of insurance moneys
91.  Subject to this Act and to any order of the Court, where a corporation receives insurance moneys in respect of damage to, or destruction of, any building or improvement on the parcel, it shall, without delay, apply those moneys to rebuilding and reinstating the building or improvement.
Part VII—Administrators
Appointment of administrator
92.  (1)  A corporation, a creditor of a corporation, a person having an estate or interest in a unit or the Minister may apply to the Court for the appointment as administrator of the corporation of a person who has consented to act in that capacity.
(2)  On an application made under subsection (1), the Court may, in its discretion and on cause shown, by order appoint the person named in the application to be administrator of the corporation on such terms and conditions as to remuneration or otherwise as it thinks fit.
(3)  The remuneration of an administrator of a corporation and the expenses incurred by him or her in the performance of his or her duties and functions and the exercise of his or her powers as an administrator shall be deemed to be expenditure incurred by the corporation.
Removal or replacement of administrator
93.  On an application made by the administrator, the corporation or a person referred to in subsection 92 (1), the Court may, in its discretion, by order remove or replace the administrator.
Notice to Registrar and corporation of order under section 92 or 93
94.  In an order under section 92 or 93 the Court shall give such directions as it thinks fit with respect to the giving of notice of the order to the Registrar and to the corporation.
Duties, functions and powers of administrator
95.  (1)  Subject to this section, the administrator of a corporation shall perform the duties, and may exercise the powers and perform the functions, of the corporation to the exclusion of the corporation and its committee.
(2)  Except with the approval of the Court, the administrator of a corporation shall not do any act that is required by this Act to be authorised by a unanimous resolution.
(3)  On application made to the Court by the administrator of a corporation or a person referred to in subsection 92 (1), the Court may give such directions as it thinks fit with regard to the manner in which the administrator shall perform his or her duties and functions and exercise his or her powers.
Administrator may delegate duties, functions and powers
96.  (1)  An administrator may, by writing under his or her hand, delegate to any person, either generally or otherwise as provided by the instrument of delegation, all or any of his or her duties, functions and powers, except this power of delegation.
(2) A duty so delegated shall be performed, and a function or power so delegated may be performed or exercised, by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not prevent the performance of a duty or function, or the exercise of a power, by the administrator.

Part VIII—Cancellation And Alteration Of Units Plans
Court order for cancellation of units plan
97.  (1)  A corporation, the administrator of a corporation or all or any of the members of a corporation may apply to the Court for an order for the cancellation of the units plan.
(2)  A copy of an application under this section shall be served on the Registrar.
(3)  On an application made under subsection (2), the Court may make a provisional order, or a final order, for the cancellation of the units plan or may make an order dismissing the application.
(4)  The Court shall not make an order for the cancellation of a units plan unless it is satisfied that, having regard to the rights and interests of all persons having estates or interests (whether registered or not) in the leases of the units, it is just and equitable to do so.
(5)  If the Court considers, on an application for an order under this section, that it is necessary to impose conditions, and give directions, to be complied with before the making of a final order for the cancellation of the units plan for the purpose of protecting the interests of the Territory or Commonwealth or for the purpose of adjusting, as between all persons having registered estates or interests in the leases of the units, the respective rights and duties of those persons so far as they may be affected by the cancellation of the units plan, the Court shall make a provisional order for the cancellation of the units plan specifying the conditions and directions to be complied with before the making of a final order.
(6)  The Court may, if satisfied, on an application made for the purpose, that the conditions and directions specified in the provisional order have been complied with, make a final order for the cancellation of the units plan.
(7)  A final order may include directions to be complied with after the cancellation of the units plan and, in such a case, the order may be enforced as it were a judgment of the Court obtained by a person for whose benefit the directions were given against the person required to comply with the directions.
(8)  For the purposes of paragraph 98 (1A) (c), a final order may include a declaration of provisions which are to govern the relevant new lease under subsection 98 (1A) where, on an application made for the purpose, having regard to the rights and interests of all persons having estates or interests (whether registered or not) in the leases of the units, the Court is satisfied that it is just and equitable to do so in order to take account of any variation of such a lease made or applied for since it was granted.
Effect of cancellation of units plan
98.  (1)  On the registration of an order for the cancellation of a units plan—
	(a)	the corporation is dissolved;
	(b)	the lease of the common property and the lease of each of the units are determined;
	(c)	the land comprised in those leases forms 1 parcel of land; and
	(d)	there is deemed to be a new lease over that parcel as referred to in subsection (1A).
(1A)  The new lease—
	(a)	is held by—
	(i)	the proprietors of the units immediately before registration of the order as tenants in common in undivided shares proportional to their former unit entitlement; or
	(ii)	if there was a single proprietor of all the units immediately before the registration of the order—by that proprietor;
	(b)	expires on the day on which each of the leases of the units, and the lease of the common property, would have expired if it were not for the cancellation of the units plan; and
	(c)	is otherwise governed by the provisions to which the initial lease was subject immediately before the registration of the units plan, subject to any declaration of the Court under subsection 97 (8).
(2)  For the purposes of paragraph (1A) (a), if, immediately before the registration of the order, 2 or more persons were proprietors, as joint tenants or as tenants in common, of a unit, 2 or more units or all the units, then, the share in the estate, or the whole estate, as the case may be, vested by virtue of that paragraph in those persons is vested in them jointly if they were joint tenants or, if they were tenants in common, is vested in them as tenants in common in the same shares as they held in the unit or units.
(5)  The share in the estate, or the estate, as the case may be, of which a person becomes possessed by virtue of paragraph (1A) (a) is subject to any mortgage and any easement referred to in section 13 of the Land Titles (Unit Titles) Act 1970.
(6)  In this section—
“initial lease”, in relation to a units plan, means the lease that was determined under section 25 on the registration of the units plan.
Rights and liabilities of corporation vested in former members
99.  (1)  On the dissolution of a corporation under section 98—
	(a)	all rights, whether at law or in equity, vested in the corporation immediately before the dissolution are vested jointly in the persons who were, immediately before the dissolution, the members of the corporation;
	(b)	subject to subsection (2), the persons who, immediately before the dissolution, were the members of the corporation are jointly and severally liable for all the liabilities of the corporation subsisting immediately before the dissolution; and
	(c)	for the purposes of paragraphs (a) and (b), a reference in an instrument to the corporation shall be read as a reference to those persons.
(2)  On an application made to the Court before the order for the cancellation of the units plan is made, the Court may, if it considers, in the circumstances of the case, that it is just and equitable to do so, by order vary the operation of paragraph (1) (a) or (b) in such manner as the Court thinks fit.
Approval of scheme for alteration of units plan
100.  (1)  Where—
	(a)	after the registration of a units plan, a building or other improvement on the parcel is damaged or destroyed;
	(b)	an order for the cancellation of the units plan has not been made under this Part; and
	(c)	an application for such an order is not pending,
an application may be made to the Court for an order approving a scheme that makes provision for the reinstatement of the building or other improvement, or, in a case where a unit has been damaged or destroyed, for the elimination of that unit and for any consequential alteration of the units plan.
(2)  An application under this section may be made by the corporation, by a majority of the members of the corporation jointly or, if an administrator of the corporation has been appointed, by the administrator.
(3)  A copy of an application under this section for the approval of a scheme providing for the elimination of a unit shall be served on the Registrar.
(4)  A scheme submitted for the approval of the Court shall include provisions showing—
	(a)	the proposed reinstatement or elimination;
	(b)	the manner in which it is proposed to apply insurance moneys paid or payable in respect of the damage or destruction;
	(c)	the compensation or other moneys to be paid to the proprietor of a unit and any other person who may be adversely affected by the scheme; and
	(d)	where the scheme provides for the elimination of a unit, the manner in which it is proposed that the units plan be altered, including any necessary alteration of the schedule of unit entitlement, to enable effect to be given to the scheme.
(5)  The Court may, on the hearing of an application under this section, make an order approving the scheme if it is satisfied that it is just and equitable to do so and may, in the order, give such directions as it thinks are necessary or expedient to enable effect to be given to the scheme.
Order of Court for alteration of units plan
101.  The Court, if satisfied, on an application made for the purpose, that the provisions of a scheme approved by it providing for the elimination of a unit (other than the provisions for the alteration of the units plan) have been carried out and that the directions (if any) given in the order approving the scheme have been complied with, shall make an order directing such alteration of the units plan as was approved by it.
Effect of registration of order for elimination of unit
102.  On the registration of an order for the alteration of a units plan, the units plan shall be deemed to be altered in the manner directed by the order of the Court and—
	(a)	the lease of the unit proposed to be eliminated is determined;
	(b)	the land comprised in the lease of the common property shall be deemed to include the land that, immediately before the registration of the order, comprised that unit; and
	(d)	paragraph 27 (3) (a) has effect as if a reference in that paragraph to the registration of the units plan were a reference to the registration of the order for the alteration of the units plan.
Interested persons may be heard
103.  Each of the following persons has the right to appear and to be heard in support of, or in opposition to, an application made under section 97 or 100 of this Act:
	(a)	the corporation or, if an administrator has been appointed, the administrator;
	(b)	a member of the corporation;
	(c)	a person claiming to have an estate or interest in a unit;
	(d)	an insurer who has effected insurance of a building or other improvement on the parcel; and
	(e)	the Minister.
Directions for lodging orders with Registrar
104.  The Court shall, in a final order under section 97, or in an order under section 101, give such directions as it thinks fit with respect to the taking out of the order and the lodging of a copy of the order with the Registrar.
Expiry of terms of leases
105.  (1)  On the expiry of the terms of the leases of the units and the common property or, if the terms of the leases have been extended under section 108, on the expiry of the extended terms—
	(a)	the corporation is dissolved;
	(b)	the Territory is liable to pay to the persons who were, immediately before the expiry of the terms or extended terms of those leases, the proprietors of the units, the value of the improvements on the parcel of land, the amount payable to each of those persons being an amount that bears to that value the same proportion as the unit entitlement of the unit of which that person was the proprietor bore to the aggregate unit entitlement of all the units; and
	(c)	section 99 applies as if the corporation had been dissolved by section 98 and as if a reference in that section 99 to the order for the cancellation of the units plan were a reference to the expiry of the terms or extended terms of the leases.
(2)  The reference in subsection (1) to section 108 of this Act is a reference to that section as in force before its repeal by the Land (Planning and Environment) (Amendment) Act (No. 3) 1996, or as continued in force afterwards by the operation of that Act.
Part IX—Miscellaneous
Facilities for service of documents
106.  (1)  A corporation shall cause to be continuously displayed in a conspicuous place on the parcel a notice showing the name of the corporation and the address shown on the units plan for service of documents.
(2)  A corporation shall cause to be continuously available in a conspicuous and accessible place on the parcel a receptable suitable for purposes of postal delivery, bearing the name of the corporation in clear and legible characters.
Penalty:  5 penalty units.
Service of documents
107.  A document may be served on a corporation—
	(a)	by sending it by prepaid post as a letter properly addressed to the corporation at the address shown on the units plan for service of documents; or
	(b)	if that address for service is the postal address of the building on the parcel—by placing it in the receptable referred to in subsection 106 (2).
Effect of determination of lease of unit
109.  (1)  Where the Registrar, under section 18 of the Land Titles (Unit Titles) Act 1970, enters on a units plan a memorial of the determination of the lease of a unit—
	(a)	the estate and interest of the lessee in that unit is determined;
	(b)	the land that was, immediately before the endorsement, comprised in the lease continues to be a unit notwithstanding the determination; and
	(c)	the schedule of unit entitlement has effect as if—
	(i)	the unit entitlement of that unit were omitted; and
	(ii)	the aggregate unit entitlement of all the units were reduced by the amount of the unit entitlement of that unit.
(3)  After the determination of the lease of a unit and until a further lease of that unit is granted—
	(a)	the easements created by section 27 of this Act as appurtenant to that unit and, in relation to that unit, as appurtenant to the other units and to the common property continue, and those easements are enforceable by and against the Minister as if he or she were the proprietor of that unit; and
	(b)	a person authorised by the Minister in writing has the same rights relating to the use of the common property as the proprietor of that unit would have had if the lease had not been determined.
Further lease of unit
110.  (1)  Where, after the determination of the lease of a unit, a person becomes entitled under the Land Act to the grant of a lease of the unit, the Minister shall cause to be lodged with the Registrar written notice of that fact and shall cause to be given to the relevant corporation written notice of that fact and of that lodgment.
(2)  On the entry on the units plan of a memorial under section 19 of the Land Titles (Units Titles) Act 1970, the person entitled to the grant of the lease becomes possessed of an estate of leasehold in the unit for the term referred to in subsection (3) and subject to the provisions, covenants and conditions set out in the units plan in relation to that unit as if a lease of that unit for that term and subject to those provisions, covenants and conditions had been granted to him or her by the Commonwealth under the Land Act.
(3)  The term of the lease commences on the registration of the notice and expires on the date specified in the units plan as the date on which the terms of the leases of the other units will expire.
(4)  The estate of leasehold of which a person becomes possessed under this section is subject to, and has appurtenant to it, the easements created by section 27.
Unit entitlement includes further lease
111.  On the entry on the units plan of memorials under section 19 of the Land Titles (Unit Titles) Act 1970, the schedule of unit entitlement has the same effect as it had immediately before the entry was made on that schedule under section 18 of that Act.
Evidence of resolutions
112.  A document bearing the seal of the corporation and stating that—
	(a)	at a general meeting held on a specified date a resolution in the terms set out in the document was passed; and
	(b)	the resolution was a unanimous, special or ordinary resolution,
is evidence of the facts stated in the document.
Enforcement of Act
113.  (1)  Where a corporation fails to carry out a requirement or perform a duty imposed on it by this Act, a proprietor or mortgagee of a unit may apply to the Court for an order requiring the corporation or the committee to carry out the requirement or perform the duty, as the case may be.
(2)  On an application made under subsection (1) the Court may, if it is satisfied that the failure has occurred, make such order as it thinks just.
Jurisdiction conferred on Court
114.  The Court is invested with jurisdiction in all applications made to it under this Act.
Determined fees
116.  The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.
Regulations
117.  The Executive may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted to be prescribed by this Act or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

	The Schedule	Section 78
Articles
1.  In these Articles, unless the contrary intention appears, “the Act” means the Unit Titles Act 1970.
2.  (1)  In this article, “authorised agent” means a person authorised by the Corporation for the purposes of this article.
(2)  Subject to this article, an authorised agent may, at all reasonable times—
	(a)	inspect a unit for the purpose of ascertaining whether or not the Act and these Articles are being observed;
	(b)	carry out in, on or to a unit any maintenance, repairs or work that the Corporation is, by the Act or these Articles, required to carry out in, on or to the unit;
	(c)	carry out in, on or to a unit the functions imposed, exercise the powers conferred, and perform the duties imposed, by the Act and these Articles on the Corporation in so far as they relate to the unit,
and may, for any of those purposes, enter and remain in or on the unit for such period as is reasonably necessary for the purposes of doing any act referred to in this article.
(3)  An authorised agent shall not do any act referred to in this article unless—
	(a)	the Corporation or the authorised agent has given to the proprietor of the unit or to the occupier or user of the unit reasonable notice of his or her intention to enter in or on the unit or to do the act; or
	(b)	by reason of an emergency, it is essential that the act be done without notice having been so given.
3.  Each member of the Corporation shall—
	(a)	pay all rates, taxes, charges, outgoings and assessments payable in respect of his or her unit;
	(b)	repair and maintain his or her unit and keep his or her unit in a state of good repair;
	(c)	if he or she agrees to transfer the lease of his or her unit to another person, forthwith give notice of the fact to the Corporation;
	(d)	comply with any requirement made by or under any law in force in the Territory to carry out repairs or to do any work or thing in relation to his or her unit;
	(e)	if his or her unit is to be unoccupied for a continuous period exceeding 30 days, give notice of the fact to the Corporation;
	(f)	if a change occurs in the occupancy of his or her unit, notify the Corporation of that fact and of the name of the person who will occupy the unit.
4.  A member of the Corporation shall not—
	(a)	use the common property or permit it to be used so as unreasonably to interfere with the use and enjoyment of the common property by another member of the Corporation, by the occupier or user of another unit or by an invitee or licensee of such a member or person;
	(b)	use his or her unit or permit it to be used in such a manner as to cause a nuisance, hazard or substantial annoyance to another member of the Corporation or an occupier or user of another unit or to an invitee or licensee of such a member or person;
	(c)	make within his or her unit or on the common property such a noise as might reasonably, in the circumstances, cause substantial annoyance to another member of the Corporation or to the occupier or user of another unit;
	(d)	use his or her unit, or permit it to be used, in a manner that results in there being a contravention of a law in force in the Territory;
	(e)	except in accordance with express permission contained in a unanimous resolution of the Corporation and in accordance with the provisions of any law in force in the Territory applicable in the circumstances, erect or alter any structure in or on his or her unit; and
	(f)	except in accordance with the written permission of the Corporation (which permission may be withdrawn at any time by written notice given in pursuance of a special resolution of the Corporation), keep any animals or birds in or on his or her unit or the common property.
5.  A person who becomes the proprietor of a unit shall, within 7 days after lodging with the Registrar for registration the instrument under which he or she has become the proprietor of the unit, give to the Corporation notice that he or she has become the proprietor of the unit. 

NOTES
1.	The Unit Titles Act 1970 as shown in this reprint comprises Act No. 31, 1970 amended as indicated in the Tables below.
Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.  The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Unit Titles Ordinance 1970	31, 1970	11 Sept 1970	1 Feb 1971 (see Gazette 1971,  p. 788)		
Unit Titles Ordinance 1971	10, 1971	18 Mar 1971	18 Mar 1971	—	
Unit Titles Ordinance 1975	31, 1975	1 Oct 1975	1 Oct 1975	—	
Ordinances Revision Ordinance 1978	46, 1978	28 Dec 1978	28 Dec 1978	—	
Ordinances Revision  (Companies Amendments) Ordinance (No. 2) 1982	93, 1982	17 Dec 1982	17 Jan 1983 (see Gazette 1983, No. S7)	—	
Unit Titles (Amendment) Ordinance 1983	2, 1983	11 Feb 1983	11 Feb 1983	S. 4	
Unit Titles (Amendment) Ordinance 1986	21, 1986	30 June 1986	1 July 1986 (see Gazette 1986, No. S315)	—	
Unit Titles (Amendment) Ordinance 1987	52, 1987	16 Sept 1987	16 Sept 1987	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Land (Planning and Environment) (Consequential Provisions) Act 1991	118, 1991	15 Jan 1992	Ss. 1 and 2:  15 Jan 1992
Ss. 3-8, 17-27 and 32-44:  2 Apr 1992 (see Gazette 1992, No. 13, p. 478)
Remainder:  15 July 1992	Ss. 25-27	
Unit Titles (Amendment) Act 1993	12, 1993	1 Mar 1993	Ss. 1-3:  1 Mar 1993
Remainder:  3 Aug 1993 (see Gazette 1993, No. S157)	—	
Real Property (Consequential Provisions) Act 1993	90, 1993	17 Dec 1993	Ss. 1 and 2:  17 Dec 1993
Remainder:  1 Jan 1994 (see  s. 2 (2) and Gazette 1993, No. S270)	—	
Administrative Appeals (Consequential Amendments) Act 1994	60, 1994	11 Oct 1994	Ss. 1 and 2:  11 Oct 1994
Remainder:   14 Nov 1994 (see s. 2 (2) and Gazette 1994, No. S250)	—	
Statute Law Revision (Penalties) Act 1994	81, 1994	29 Nov 1994	Ss. 1 and 2:  29 Nov 1994 
Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)	—	
(Reprinted as at 28 February 1995)	
Land Titles (Consequential Amendments) Act 1995	54, 1995	20 Dec 1995	20 June 1996 (see s. 2)	—	
Land (Planning and Environment) (Amendment) Act (No. 3) 1996	85, 1996	24 Dec 1996	Part I (ss. 1 and 2):  24 Dec 1996
Remainder:   24 June 1997	Ss. 108 (2), 109 (2), 110 (2), (3) and 112 (2)	
(Reprinted as at 31 January 1997)	
Financial Institutions (Removal of Discrimination) Act 1997	88, 1997	1 Dec 1997	Ss. 1 and 2:  1 Dec 1997
Remainder :   31 Dec 1997 (see Gazette 1997, No. S442)	—	
Surveyors (Consequential Amendments) Act 2001	2001 No 3	8 Mar 2001	s 1, s 2:  8 Mar 2001 (IA s 10B)
remainder:  26 July 2001 (see s 2 and Gaz 2001 No 30)
	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 5	am. No. 21, 1986; No. 38, 1989; Act No. 118, 1991; No. 90, 1993; No. 60, 1994; No. 54, 1995; No. 85, 1996
S. 8	rs. Act No. 12, 1993
S. 11	am. No. 21, 1986; Act No. 118, 1991; No. 12, 1993;  No. 85, 1996
S. 12	am. No. 31, 1975
S. 16	am. No. 31, 1975; No. 2, 1983; No. 52, 1987; No. 38, 1989; Act No. 118, 1991; No. 60, 1994; No. 85, 1996
S. 17	am. No. 31, 1975
S. 18	am. No. 10, 1971; No. 31, 1975
S. 18A	ad. No. 31, 1975
	am. No. 38, 1989; Act No. 118, 1991
S. 20	rs. No. 10, 1971
	am. No. 31, 1975
S. 21	am. Act No. 118, 1991
S. 22	am. No. 10, 1971; No. 31, 1975; Act No. 54, 1995; 2001 No 3 sch 1
S. 23	am. Act No. 54, 1995
S. 25	am. Act No. 118, 1991; No. 54, 1995
S. 27	am. No. 31, 1975
S. 28	am. Act No. 118, 1991
S. 33	rep. No. 93, 1982
S. 36	am. No. 31, 1975; Act No. 118, 1991
S. 37	am. Act No. 88, 1997
S. 39	am. Act No. 81, 1994
S. 41	am. Act No. 81, 1994
Ss. 54, 55	am. Act No. 12, 1993
S. 58	am. Act No. 81, 1994
S. 65	rs. Act No. 12, 1993
S. 66	am. Act No. 12, 1993
S. 72	am. Act No. 12, 1993
S. 78	rs. Act No. 12, 1993
S. 80	am. Act No. 12, 1993
S. 97	am. No. 38, 1989; Act No. 85, 1996
S. 98	am. No. 10, 1971; Act No. 118, 1991; No. 54, 1995; No. 85, 1996
S. 102	am. No. 10, 1971
S. 105	am. No. 38, 1989; Act No. 85, 1996
S. 106	am. Act No. 81, 1994
S. 108	am. No. 38, 1989; Act No. 54, 1995
	rep. No. 85, 1996
S. 109	am. No. 10, 1971; Act No. 54, 1995
S. 110	am. No. 10, 1971; Act No. 118, 1991; No. 54, 1995
S. 111	am. Act No. 54, 1995
S. 115	rep. No. 10, 1971
S. 116	am. No. 46, 1978
	rs. No. 21, 1986
S. 117	am. No. 38, 1989
The Schedule	am. No. 10, 1971