Australian Capital Territory
Unit Titles Act 2001    
A2001-16
Republication No 21
Effective:  1 July 2011 – 6 July 2011
Republication date: 1 July 2011
Last amendment made by A2011-22
(republication for amendments by A2011-19
and A2011-22)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Unit Titles Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Unit Titles Act 2001

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
Part 2	Key concepts
Division 2.1	Unit title developments
	5	Parcels	3
	6	Unit title application	3
	7	Units plan	3
	8	Unit entitlement	4
	9	Units	4
	10	Class A units	4
	11	Class B units	4
	12	Unit subsidiaries	5
	12A	Meaning of annexed	5
	13	Common property	5
Division 2.2	Boundaries
	14	Common boundaries—internal	6
	15	Common boundaries—external	6
	16	Minor boundary changes	6
Part 3	Unit title applications
Division 3.1	Approval of unit title applications
	17	Unit title applications—general requirements	8
	18	Unit title applications—class A units and class B units	10
	19	Unit title applications—unit subsidiaries	10
	20	Unit title applications—approval	11
	21	Unit title applications—reasonable rent	13
	22	Unit title applications—amendment of development statement by authority	14
Division 3.1A	Unit title assessment reports for unit title applications
	22A	Meaning of unit title assessor	15
	22B	Unit title assessment reports	15
	22C	Unit title assessment report applications—unit title assessor may require further information	16
	22D	Unit title assessment report applications—contents of request for further information	18
	22E	Unit title assessment report applications—effect of failure to provide further information	19
	22F	Unit title applications—authority may require further information	19
	22G	Unit title applications—contents of request for further information	20
Division 3.2	Endorsement of units plan for registration
	23	Notice of approval of unit title applications	21
	24	Security for staged developments and unfinished work	21
	25	Territory rent for common property lease	22
	26	Territory rent for unit leases—unit title proposals approved before 1 October 1975	22
	27	Endorsement of units plan for registration	23
	28	Lapse of endorsement after 3 months	24
Division 3.3	Amendment of development statements
	29	Amendment of development statements before registration	24
	30	Amendment of development statements after registration	27
	31	Effect of registration of amendment	30
Division 3.4	Developer disclosure
	31A	Contract for sale of unit before registration of units plan	30
Part 4	Registration of units plans
Division 4.1	Subdivision, unit leases and common property lease
	32	Subdivision of parcel made by registration	32
	33	Leases of units and common property	32
Division 4.2	Easements
	34	Unit title easement rights	33
	35	Easements given by this Act	34
	36	Easements declared by owners corporations	35
	37	Registration—easements declared by owners corporations	35
Division 4.3	Encroachments on public places
	37A	Effect of registration of units plan with encroachment on public place	36
Part 5	Owners corporations generally
Division 5.1	Establishment and legal status of owners corporation
	38	Establishment of owners corporations	37
	39	Legal status of owners corporation	37
Division 5.2	Membership and representatives
	40	Members of owners corporation	37
	41	Multiple owners of units—authorisation of representatives	38
	42	Multiple owners of units—functions of representatives	39
	43	Company-owned units—authorisation of representatives	40
	44	Company-owned units—functions of representatives	41
	45	Evidence of representative status	42
Division 5.3	General functions
	46	General functions	42
	46A	Restriction on owners corporation during developer control period	42
	47	Common property ownership	43
	48	Dealings in property	43
	49	Special privileges relating to common property	44
	49A	Surrender of leases in units	45
	50	Exemptions for units plans with 4 or fewer units	46
	51	General duties	46
	51A	Animals—owners corporation’s consent	48
	51B	Structural defects—owners corporation may represent members	49
	51C	Owners corporation—entry to units	50
	52	Work on behalf of particular unit owners or occupiers	50
	53	Recovery of costs—agreements under s 52	51
	54	Recovery of expenditure resulting from member or unit occupier’s fault	51
Division 5.3A	People appointed by owners corporation to help run owners corporation
	55	Manager—appointment	52
	55A	Manager—conditions of appointment	53
	55B	Manager—functions	53
	55C	Manager—ending appointment	53
	55D	Manager—remedial breaches	54
	55E	Manager—code of conduct	55
	55F	Manager—public liability insurance	55
	55G	Manager—delegated functions	56
	55H	Communications officer—appointment	56
	55I	Communications officer—function	57
Division 5.3B	Service contractors
Subdivision 5.3B.1	Service contractor—contract and functions
	55J	Definitions—div 5.3B	58
	55K	Service contractor—contract	58
	55L	Service contractor not to be contracted for longer than 25 years	59
	55M	Service contractor—functions	60
	55N	Service contractor—transfer	60
	55O	Service contractor—ending contract	61
	55P	Service contractor—remedial breaches	62
Subdivision 5.3B.2	Service contractor—protection of contract financier
	55Q	Meaning of financed service contract and financier—subdiv 5.3B.2	63
	55R	Who is a financier for a service contract?	63
	55S	Financed service contract—notice of change	64
	55T	Financed service contract—limitation on ending	64
	55U	Financed service contract—person authorised to act for financier	65
	55V	Financed service contract—agreement between owners corporation and financier prohibited	66
Division 5.4	Finances of owners corporation
	55W	Definitions—div 5.4	67
	56	Banking and investment of money of corporation	67
	57	Prohibition on business	68
	58	Borrowing powers	68
	59	General funds (administrative or special purpose funds)	69
	60	Contributions to general funds	69
	61	Sinking funds	71
	62	Sinking funds—owners corporation to prepare initial 10‑year plan	72
	63	Sinking funds—review of initial sinking fund plan	72
	63A	Sinking funds—owners corporation to prepare subsequent 10-year plans	72
	63B	Sinking funds—review of sinking fund plan	73
	64	Sinking funds—contributions	73
	64A	General and sinking funds in staged developments	74
	65	Discounts and interest—amounts owing	74
	66	Recovery of amounts owing	75
	67	Security for unpaid amounts—declaration of charge	76
	68	Security for unpaid amounts—discharge	76
	69	Liability of co-owners	77
Division 5.5	Information
	70	Corporate register—establishment	77
	71	Corporate register—information for inclusion	79
	72	Corporate register—access	80
	73	Names and addresses of executive members	81
	74	Insurance information	81
	75	Unit title certificate and access to owners corporation records	82
	76	Acting on information in unit title certificate	83
	77	Failure to provide information (or certificate)—offence	84
	78	Owners corporation name, address and letterbox	84
	79	Service of documents on owners corporation	85
	80	Service of documents on members, interested people and occupiers	85
Part 6	Decision-making by owners corporations
Division 6.1	Executive committee
	81	Executive committee—establishment	87
	82	Executive committee—functions	87
	83	Executive committee—before the first annual general meeting	88
	84	Executive committee—after the first annual general meeting	88
	85	Meetings of executive committee	89
	86	Quorum of executive committee	90
	87	Executive committee—office-holders	90
	87A	Executive committee—chairperson’s functions	90
	87B	Executive committee—secretary’s functions	91
	87C	Executive committee—treasurer’s functions	92
	88	Voting of executive committee	93
	88A	Decisions about staged development	93
	88B	Decisions about use of common property	93
	88C	Decisions about taking legal action	94
	88D	Taking urgent legal action	95
	89	Delegation by executive committee	95
	90	Contractors and employees	96
	91	Minutes, records and accounts	96
	92	Validity of acts of executive committee	97
Division 6.2	General meetings
	93	Conduct of general meetings	98
	94	Annual general meetings	98
	95	First annual general meeting	98
	95A	First annual general meeting—developer to deliver records	98
	96	General meetings other than annual general meetings	99
	97	Notice of general meetings	99
	98	Defective notice of meetings	101
	99	Quorum at a general meeting—owners corporation with 3 or more members	102
	100	Notice of reduced quorum decisions and adjournments	103
	101	Reduced quorum decisions—effect	103
	102	Quorum at a general meeting—owners corporation with 2 members	104
	103	Chairperson at a general meeting	104
Division 6.3	Resolutions at general meetings
	104	Decision-making at general meetings	105
	105	Ordinary resolutions	105
	106	Special resolutions	106
	107	Unopposed resolutions	107
	108	Unanimous resolutions	107
	109	Evidence of resolutions of owners corporation	108
Division 6.4	Voting at general meetings
	110	Who is entitled to vote?	108
	110A	Decisions about staged development	109
	111	One vote—1 unit	109
	112	Voting by mortgagees	109
	113	Mortgagee voting notice—amendment and revocation	110
	114	Evidence of mortgagee’s entitlement to vote	111
	115	Proxy votes	111
	115A	Proxy votes—limit on developer	112
	116	Value of votes	113
	117	Polls	113
	118	Voting by chairperson	113
	120	Absentee votes—unopposed and unanimous resolutions	114
	121	People under 18 or under other legal disabilities	114
	122	Declaration by chairperson of result of voting	115
Division 6.5	Dispute resolution
	123	What is an ACAT dispute?	115
	124	Who may apply to the ACAT?	116
	125	Kinds of ACAT orders	117
Part 7	Owners corporation articles
	126	What are the articles of an owners corporation?	119
	127	Effect of articles	119
	128	Amendment of articles	120
	129	Breach of articles—article infringement notice	120
	129A	Breach of articles—failure to comply with article infringement notice	122
	129B	Breach of articles—request for article infringement notice	122
	130	Application of Legislation Act	122
Part 7A	Implied warranties
	130A	Meaning of implied warranties—pt 7A	124
	130B	Purpose—pt 7A	124
	130C	Implied warranties and right to cancel—effect	124
	130D	Implied warranties	124
	130E	Cancellation of contract	125
	130F	Claim for compensation	126
Part 8	Insurance
	131	Public liability insurance by owners corporation	127
	132	Building insurance by owners corporation	127
	133	Exemptions from building insurance requirements	128
	134	Mortgage insurance of unit	128
	135	Payment under mortgage insurance policies	129
	136	Transfer of mortgagee’s interest to insurer	129
	137	Application of insurance money by owners corporation	130
	138	Additional insurance—owners corporation	130
	139	Additional insurance—unit owners	130
Part 9	Administrators
Division 9.1	Interested parties
	140	Who may apply for an administration order?	131
	141	ACAT appearances and service of applications	131
Division 9.2	Appointment, removal and functions
	142	Appointment of administrator	132
	143	Removal or replacement of administrator	132
	144	Functions of administrator	133
	145	Delegation by administrator	133
Part 10	Amendment of units plans
Division 10.1	Amendment of schedule of unit entitlement
	146	Unit entitlement authority—grant	134
	147	Unit entitlement authorities—period of effect	135
	148	Unit entitlement authorities—registration	135
Division 10.2	Minor boundary changes
	149	Boundary authority—grant	135
	150	Boundary authority—period of effect	137
	151	Boundary authorities—registration	137
Division 10.3	Building damage schemes
	152	What is a building damage scheme?	138
	153	Building damage orders—right of appearance	138
	154	Provisional building damage order—application	139
	155	Provisional building damage order—approval of scheme	140
	156	Provisional building damage order—period of effect	141
	157	Final building damage order—amendment of units plan	141
	158	Final building damage order—period of effect	142
	159	Final building damage order—registration	142
Part 11	Cancellation of units plans
Division 11.1	Cancellation authority
	160	Cancellation authority—grant by planning and land authority	143
	161	Cancellation authority—period of effect	144
Division 11.2	Cancellation orders
	161A	Cancellation orders—Supreme Court powers	145
	161B	Cancellation orders—provisional orders	146
	161C	Cancellation orders—after provisional order is made	146
	161D	Cancellation orders—right of appearance	147
Division 11.3	Effects of cancellation
	162	Cancellation of units plan—effects	147
	163	Cancellation of units plan—new lease over parcel	148
	164	Dissolution of owners corporation	149
	165	Dissolution of owners corporation—Supreme Court powers	149
Part 11A	Changing 2-unit units plans to subdivisions
	165A	Application—pt 11A	151
	165B	Subdivision of units plan—application	151
Part 12	Variation of unit leases
	166	Development applications to vary lease under Planning and Development Act	152
	167	Lease variation—amendment of schedule of unit entitlement	152
Part 13	Expiry and termination of unit leases
	168	Effects of lease expiry	154
	169	Dissolution of owners corporation on lease expiry—Supreme Court powers	155
	170	Effect of termination of unit lease	156
	171	New unit lease	157
	172	New unit lease—schedule of unit entitlement	158
Part 14	Notification and review of decisions
	173	Definitions—pt 14	159
	173A	Internal review notices	159
	174	Objections	160
	174A	Internal reviewer	161
	175	Review by internal reviewer	161
	176	Reviewable decision notices	161
	177	Effect of decision to allow objection	162
	177A	Applications for review	162
Part 15	Miscellaneous
	178	Removal of matters from ACAT to Supreme Court	163
	179	Determination of fees	163
	180	Approved forms	163
	181	Regulation-making power	164
Part 20	Transitional—Unit Titles Amendment Act 2008 (No 2)
	250	Definitions—pt 20	165
	251	Transitional—unit title application for 2-unit units plan	165
	252	Transitional regulations	165
	253	Transitional effect—Legislation Act, s 88	166
	254	Expiry—pt 20	166
Part 25	Transitional—Construction Occupations Legislation Amendment Act 2010
	300	Meaning of commencement day—pt 25	167
	301	Transitional—unit title applications lodged before commencement day	167
	302	Transitional regulations—pt 25	167
	303	Expiry—pt 25	168
Schedule 1	Reviewable decisions	169
Dictionary		173
Endnotes
	1	About the endnotes	186
	2	Abbreviation key	186
	3	Legislation history	187
	4	Amendment history	190
	5	Earlier republications	204

Australian Capital Territory
Unit Titles Act 2001

An Act to provide for the subdivision of land by units plans and the management of units plans by owners corporations, and for other purposes

    

Part 1	Preliminary
1	Name of Act
This Act is the Unit Titles Act 2001.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
	For example, the signpost definition ‘administrative fund—see section 59 (1).’ means that the term ‘administrative fund’ is defined in that subsection.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Key concepts
Division 2.1	Unit title developments
5	Parcels
A parcel is land—
	(a)	proposed (in a unit title application) to be subdivided under this Act; or
	(b)	comprising the whole of the land subdivided under this Act (as shown in a registered units plan).
6	Unit title application
A unit title application is an application under section 17 for the subdivision of land under this Act.
7	Units plan
	(1)	After a unit title application has been approved, there is a units plan consisting of the following documents mentioned in section 27 (Endorsement of units plan for registration):
	(a)	diagrams showing the subdivision;
	(b)	if the application provides for a staged development—the development statement;
	(c)	the schedule of unit entitlement;
	(d)	schedules of rent and lease provisions.
	(2)	After those documents have been registered, the units plan consists of the registered documents as amended from time to time under this Act.
8	Unit entitlement
	(1)	The schedule of unit entitlement forming part of a units plan is a schedule indicating (by numbers assigned to each unit) the improved value of each unit relative to each other unit (the unit’s unit entitlement).
	(2)	For this Act, the total unit entitlement under a schedule of unit entitlement must be 10, 100, 1 000, 10 000 or 100 000.
9	Units
	(1)	A unit is a part of a parcel shown in a unit title application or a units plan as a unit.
	(2)	After a units plan is registered, a unit of the units plan includes any unit subsidiary shown on the units plan as annexed to the unit.
10	Class A units
	(1)	A class A unit is a unit that is identified as a class A unit—
	(a)	before a units plan is registered—in the relevant unit title application; or
	(b)	after the relevant units plan is registered—in the units plan.
	(2)	After a units plan is registered, a class A unit of the units plan includes any unit subsidiary shown on the units plan as annexed to the unit.
Note	A unit title application must show a class A unit as part of a building bounded by reference to floors, walls and ceilings (see s 18).
11	Class B units
	(1)	A class B unit is a unit that is identified as a class B unit—
	(a)	before a units plan is registered—in the relevant unit title application; or
	(b)	after the relevant units plan is registered—in the units plan.
	(2)	After a units plan is registered, a class B unit of the units plan includes any unit subsidiary shown on the units plan as annexed to the unit.
Note	A unit title application must show a class B unit as land unlimited in height, except to the extent of any encroachment, whether at, above or below ground level, by another part of the parcel (see s 18).
12	Unit subsidiaries
A unit subsidiary is a part of a parcel identified as a unit subsidiary annexed to a unit—
	(a)	before a units plan is registered—in the relevant unit title application; or
	(b)	after the relevant units plan is registered—in the units plan.
Note	A unit title application must show a unit subsidiary as a building (or part of a building) of a kind prescribed by regulation, or as a building (or part of a building) or land suitable for a purpose prescribed by regulation  (see s 19 and Unit Titles Regulation 2001, s 3).
12A	Meaning of annexed
A unit subsidiary or an easement that is stated by this Act to be annexed to a unit, common property or an estate in leasehold is taken to be appurtenant to the unit, common property or estate.
Note	Property in a unit subsidiary or easement that is, at law, ‘appurtenant’ to a unit, common property or a leasehold estate is transferred with that estate when the unit, common property or lease is transferred.
13	Common property
Common property is all the parts of a parcel identified as common property—
	(a)	before a units plan is registered—in the relevant unit title application; or
	(b)	after the relevant units plan is registered—in the units plan.
Note	A unit title application must show as common property all parts of the parcel that are not shown as units or unit subsidiaries (see s 17 (2) (d)).
Division 2.2	Boundaries
14	Common boundaries—internal
If a floor, wall or ceiling separates a class A unit or a unit subsidiary from common property or another unit or unit subsidiary, the common boundary lies along the centre of the floor, wall or ceiling, unless otherwise specified in the relevant unit title application or units plan.
15	Common boundaries—external
If a class A unit or a unit subsidiary is bounded by an external wall of the building containing the units, then, unless otherwise indicated in the relevant unit title application or units plan—
	(a)	the boundary of the unit or unit subsidiary lies along the centre of the wall; and
	(b)	the part of the wall outside the boundary is common property.
16	Minor boundary changes
A minor boundary change is a change to the boundaries between units, or between units and the common property, to which all of the following criteria apply:
	(a)	the change would not involve any change of the boundaries of the parcel;
	(b)	the change would not substantially change the units plan, or the proposed units plan;
	(c)	the change would not result in any inconsistency arising with the provisions of the lease under which any of the units, or the common property, is held;
	(d)	approval under this Act or any other relevant territory law for the subdivision and development of the parcel would still have been given if the proposals for the subdivision of the parcel under this Act, or any other relevant development proposals, had shown the boundaries as they are proposed to be changed.

Part 3	Unit title applications
Division 3.1	Approval of unit title applications
17	Unit title applications—general requirements
	(1)	The lessee of a parcel may apply to the planning and land authority for approval of the subdivision of the parcel under this Act.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
	(2)	The application must provide for the subdivision of the parcel into—
	(a)	no fewer than—
	(i)	if 1 unit is wholly or partly superimposed on another unit—2 units; or
	(ii)	in any other case—3 units; and
	(b)	class A units or class B units, but not both; and
	(c)	unit subsidiaries (if any are provided for in the application); and
	(d)	common property (for the remaining parts of the parcel).
Note	The requirements for what may be shown as class A units, class B units and unit subsidiaries are set out in s 18 and s 19.
	(3)	The application may provide for the development of all or some of the units and unit subsidiaries (their staged development) after the approval of the application.
Note	An application for a staged development may be approved only if—
	(a)	the development has development approval under the Planning and Development Act 2007 (see s 20 (2) and Planning and Development Act 2007, ch 7); and
	(b)	for developments of class A units, the boundary floors, walls and ceilings of each unit have already been built in accordance with the development statement (see s 20 (2)).
	(4)	If the application provides for a staged development, it must include a development statement prepared in accordance with the regulations.
	(5)	The application must include—
	(a)	if not provided in a unit title assessment report included in the application—
	(i)	a certificate from a registered surveyor describing the degree to which any building (including an attachment to a building) on, or being constructed on, the parcel is situated in accordance with the application; and
	(ii)	if any existing or proposed attachment to a building on the parcel encroaches, or would encroach, on a public place—a plan prepared by a registered surveyor that shows—
	(A)	the nature and extent of the encroachment; and
	(B)	whether the encroachment is for use with a unit or the common property; and
	(C)	if the encroachment is for use with a unit—the unit to which the encroachment relates; and
Note	Attachment, encroachment and public place—see the dictionary.
	(b)	if the parcel is prescribed by regulation—a unit title assessment report that is not more than 3 months old; and
	(c)	a plan prepared by a registered surveyor showing anything prescribed by regulation.
Note	Unit title assessment report—see s 22B.
18	Unit title applications—class A units and class B units
	(1)	A unit title application must show any class A unit as part of a building, with boundaries defined by reference to the floors, walls and ceilings of the building as shown in the application.
	(2)	A unit title application must show any class B unit as land that has boundaries unlimited in height except to the extent of any encroachment at, above or below ground level by another part of the parcel.
19	Unit title applications—unit subsidiaries
	(1)	A unit title application must show any unit subsidiary as—
	(a)	a building, or part of a building, of a kind prescribed by regulation; or
	(b)	a building, part of a building, or land, that is suitable for a purpose prescribed by regulation.
Note	See the Unit Titles Regulation 2001, s 3 for the permissible kinds of unit subsidiaries and purposes.
	(2)	The application must show any unit subsidiary consisting of a building or part of a building with boundaries defined by reference to the floors, walls and ceilings of the building.
	(3)	The application must show any unit subsidiary consisting of land as having boundaries unlimited in height except to the extent of any encroachment at, above or below ground level by another part of the parcel.
	(4)	The application must show unit subsidiaries as annexed to a particular unit, but need not show unit subsidiaries as adjoining the unit.
20	Unit title applications—approval
	(1)	The planning and land authority may approve a unit title application if satisfied on reasonable grounds that—
	(a)	the application is in accordance with this Act; and
	(b)	each unit is (or will be) suitable for separate occupation, and for a use that is not inconsistent with the lease of the parcel; and
	(c)	the proposed schedule of unit entitlement is reasonable, having regard to the prospective relative improved values of the units; and
	(d)	if the application shows an encroachment on a public place by an attachment to a building—
	(i)	if the attachment exists on the day the application is lodged with the authority—the attachment is an authorised existing attachment; or
Note	Authorised existing attachment—see s (9).
	(ii)	in any other case—
	(A)	the encroachment would not endanger public safety or unreasonably interfere with the amenity of the neighbourhood; and 
	(B)	it is not in the public interest to refuse to approve the application because of the encroachment.
	(2)	The planning and land authority may approve a unit title application that provides for a staged development only if satisfied that—
	(a)	the development has development approval under the Planning and Development Act 2007, chapter 7; and
	(b)	for a staged development of class A units—the boundary floors, walls and ceilings of each unit in the first stage have been built in accordance with the development statement.
	(3)	Also, if a unit title application relates to a lease located within a  prescribed zone, the planning and land authority may approve the application only if the lease states the number of units (however described) permitted on the land and the application is for not more than the permitted number of units.
	(4)	The planning and land authority may refuse to approve the application if the lessee is in breach of the lease, or of a provision of (or requirement under) the Planning and Development Act 2007 that applies because the lessee is the lessee of the parcel.
	(5)	The planning and land authority may refuse to approve the application if the proposed subdivision would be inconsistent with the requirements of the heritage register.
	(6)	The planning and land authority may refuse to approve the application if—
	(a)	the applicant is required to provide the authority with a unit title assessment report under section 17 and—
	(i)	has not provided a unit title assessment report; or
	(ii)	has provided a unit title assessment report that is more than 3 months old; or
	(b)	the authority has asked for further information under section 22F and the applicant has not provided some or all of the information by—
	(i)	the end of the period stated in the request; or
	(ii)	if the authority has extended the period within which the further information must be provided—the end of that period.
	(7)	If a parcel is leased for rural purposes, the planning and land authority may approve the application only if—
	(a)	criteria have been determined by the authority for the approval of rural unit title applications; and
	(b)	the application is in accordance with the criteria.
	(8)	A determination under subsection (7) (a) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(9)	In this section:
authorised existing attachment, in relation to a unit title application, means—
	(a)	if the application includes the cancellation of a units plan (the old plan) that was registered before 1 January 2002—the old plan shows the attachment; or
	(b)	in any other case—the attachment was lawful when it was constructed.
first stage, for a staged development of class A units, means the stage identified as the first stage in the development statement.
prescribed zone means a zone identified in the territory plan that is prescribed by regulation. 
21	Unit title applications—reasonable rent
	(1)	If the planning and land authority considers that the rent proposed in a unit title application to be reserved for the lease of 1 or more units is not reasonable in the circumstances, the authority must determine what rent is reasonable for the relevant unit or units.
	(2)	The total rent for all units, worked out in accordance with the planning and land authority’s determination, must not exceed the rent payable under the lease of the parcel when the determination is made.
	(3)	If the total rent for all units, worked out in accordance with the planning and land authority’s determination, equals the rent payable under the lease of the parcel when the determination is made, a decision (under part 14 (Notification and review of decisions)) on an objection or review of the authority’s determination must not change the total amount.
22	Unit title applications—amendment of development statement by authority
If a unit title application provides for a staged development, the planning and land authority may, before approving the application under section 20, amend the development statement if the authority considers it reasonable to do so to minimise the adverse effect of the development on anyone’s amenity while it is taking place.
Examples of people whose amenity may be affected
1	owners or occupiers of units
2	owners or occupiers of nearby premises
3	members of the public who regularly use the surrounding area
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Division 3.1A	Unit title assessment reports for unit title applications
22A	Meaning of unit title assessor
In this Act:
unit title assessor means—
	(a)	a works assessor licensed under the Construction Occupations (Licensing) Act 2004; or
Note	Works assessor—see the Construction Occupations (Licensing) Act 2004, s 14A.
	(b)	a building surveyor licensed under the Construction Occupations (Licensing) Act 2004 when providing a works assessment service.
Note	Building surveyor—see the Construction Occupations (Licensing) Act 2004, s 9.
22B	Unit title assessment reports
	(1)	An applicant under section 17 (the applicant) may apply, in writing, to a unit title assessor for a report (a unit title assessment report).
	(2)	The application must include any details or material prescribed by regulation.
Examples
1	proposed unit title plans
2	information about a development approval
Note 1	If a form is approved under s 180 for this provision, the form must be used.
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	If a unit title assessor receives an application under subsection (1) and the unit title assessor agrees to undertake the work, the unit title assessor must—
	(a)	prepare a unit title assessment report and give it to the applicant; and
Note 1	The report must be prepared and given to the applicant as soon as possible (see Legislation Act, s 151B).
Note 2	The unit title assessor may refuse to prepare and provide a report if the unit title assessor does not have enough information (see s 22E).
	(b)	not later than 5 working days after the day the assessor gives the report to the applicant—give a copy of the report to the planning and land authority.
	(4)	If, after taking reasonable steps, an applicant cannot find a unit title assessor who will agree to prepare a unit title assessment report, the applicant may apply to the construction occupations registrar to appoint a unit title assessor to prepare a unit title assessment report and give it to the applicant.
	(5)	A regulation may prescribe the requirements for a unit title assessment report, including—
	(a)	what the report must contain; or
	(b)	anything that must accompany the report.
22C	Unit title assessment report applications—unit title assessor may require further information
	(1)	This section applies if—
	(a)	a unit title assessor requires further information to prepare a unit title assessment report under section 22B; and
	(b)	the applicant and the unit title assessor have not agreed that the unit title assessor will obtain the further information; and
	(c)	the unit title assessor believes on reasonable grounds that the further information will help the unit title assessor to prepare the report.
	(2)	The unit title assessor may, by written notice, ask the applicant to give the unit title assessor stated further information in relation to the application.
	(3)	This section does not entitle a unit title assessor to require—
	(a)	photographs to be taken by someone other than the owner of the parcel of land; or
	(b)	photographs to be taken using equipment other than equipment of the owner’s choice; or
	(c)	further information if—
	(i)	the unit title assessor has, or has reasonable access to, suitable information that allows the unit title assessor to decide the application without personally inspecting the land where the building work is to be carried out; or
	(ii)	a territory law requires the unit title assessor to personally obtain or be given the information.
Examples—suitable information unit title assessor has or has reasonable access to
1	The website www.actmapi.act.gov.au provides aerial photographs and topographical information including ground contours for some ACT areas.  If the land to which an application relates is covered by the website, the photographs and contours have sufficient information, and are accurate and recent enough, to decide the application in relation to tree and ground‑height related matters, the unit title assessor may not require further information or documents by way of photographs or topographical information in relation to trees and ground heights.
2	A unit title assessor may verify land tenure and permit and statutory approval matters by contacting the statutory custodians of the information to a sufficient degree to decide the application in relation to those matters.  The unit title assessor may not require further information in relation to those matters.
3	The land to which an application relates is covered by www.actmapi.act.gov.au but, because the slope of the land to be built on is steeper than would be adequately shown on the website, the unit title assessor does not have suitable information to allow the unit title assessor to decide the application without personally inspecting the land.  Another website has some topographical information on the land, but it is not of sufficient resolution, or recent enough, to be relied on by the unit title assessor in relation to ground heights to decide the application.  The unit title assessor may require further information in relation to ground heights.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	For this section, a unit title assessor that is a partnership inspects land personally if any partner inspects the land.
22D	Unit title assessment report applications—contents of request for further information
	(1)	A request under section 22C must—
	(a)	state the period within which the further information asked for must be provided; and
	(b)	if the further information is not a document—state that the further information must be provided in writing; and
	(c)	state that the applicant need not provide the further information, but if the applicant fails to provide some or all of the information in accordance with the request, the unit title assessor may refuse to provide a unit title assessment report under section 22E; and
	(d)	state that, despite the applicant and unit title assessor having previously not agreed that the unit title assessor would obtain the further information, the applicant and unit title assessor may agree that the unit title assessor will obtain the information.
	(2)	The request may require the applicant to confirm all or part of any information provided by statutory declaration.
	(3)	The period stated under subsection (1) (a) must be at least 20 working days or, if a shorter period is prescribed by regulation, the shorter period.
	(4)	The unit title assessor may, on application before the end of the period stated under subsection (1) (a), extend the period within which the further information must be provided once only, for a period not longer than 20 working days.
22E	Unit title assessment report applications—effect of failure to provide further information
	(1)	This section applies if—
	(a)	a unit title assessor has asked for further information under section 22C in relation to an application; and
	(b)	the applicant has not provided some or all of the information by—
	(i)	the end of the period stated in the request; or
	(ii)	if the unit title assessor has extended the period within which the further information must be provided—the end of that period; and
	(c)	the applicant and the unit title assessor have not agreed that the unit title assessor will obtain the further information.
	(2)	The unit title assessor may refuse to prepare and provide a unit title assessment report under section 22B.
22F	Unit title applications—authority may require further information
	(1)	This section applies if—
	(a)	an applicant has provided a unit title assessment report under section 17; and
	(b)	further information is needed for the planning and land authority to be able to decide the application under section 20; and
	(c)	the authority believes on reasonable grounds that the further information will help the authority to decide the application
	(2)	The authority may, by written notice, ask the applicant to give the authority stated further information in relation to the application.
22G	Unit title applications—contents of request for further information
	(1)	A request under section 22F must—
	(a)	state the period within which the further information asked for must be provided; and
	(b)	if the further information is not a document—state that the further information must be provided in writing; and
	(c)	state that the applicant need not provide the further information, but if the applicant fails to provide some or all of the information in accordance with the request, the authority may refuse to approve the unit title application under section 20 (6).
	(2)	The period stated under subsection (1) (a) must be at least 20 working days or, if a shorter period is prescribed by regulation, the shorter period.
	(3)	The authority may, on application before the end of the period stated under subsection (1) (a), extend the period within which the further information must be provided once only, for a period not longer than 20 working days.
Division 3.2	Endorsement of units plan for registration
23	Notice of approval of unit title applications  
	(1)	If the planning and land authority approves a unit title application for a parcel, the authority must give the lessee of the parcel—
	(a)	written notice of approval including—
	(i)	if the application provides for a staged development—a copy of the development statement, signed by the authority, as amended (if at all) under section 22; and
	(ii)	particulars of any security required under section 24; and
	(b)	a schedule setting out the rent to be reserved under the lease of each unit and the provisions subject to which the lease of the unit is to be held; and
	(c)	a schedule setting out the provisions subject to which the lease of the common property is to be held.
	(2)	The rent reserved under the lease of a unit as indicated in the schedule mentioned in subsection (1) (b) is the rent for that unit (including any unit subsidiary annexed to the unit) indicated in the application or as decided by the planning and land authority under section 21 (Unit title applications—reasonable rent).
24	Security for staged developments and unfinished work  
	(1)	This section applies to—
	(a)	a staged development; or
	(b)	any works (including, for example, landscaping, roadworks and work on driveways) required to give effect to a development provided for in an approved unit title application that (in the planning and land authority’s opinion) will not be complete when the units plan is endorsed under section 27.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	If this section applies, the planning and land authority may, by written notice to the lessee of the parcel, require the lessee to give a bond to the Territory providing security for—
	(a)	if it is a staged development—the completion of the development in accordance with the development statement; or
	(b)	in any other case—the completion of the works, as provided for in the unit title application, within the time stated in the notice.
Note	If a form is approved under s 180 for a bond, the form must be used.
	(3)	The required security must not exceed—
	(a)	for a staged development—10% of the total cost of the work required to be carried out to complete the staged development; or
	(b)	in any other case—the amount required to complete the incomplete works under the notice.
	(4)	If a bond is forfeited, the Territory is entitled to all of the security or to a lesser amount decided by the planning and land authority.
25	Territory rent for common property lease 
The rent reserved under a lease of common property is 5 cents per year payable if and when demanded.
26	Territory rent for unit leases—unit title proposals approved before 1 October 1975
If proposals for the subdivision of a parcel of land were approved under the Unit Titles Act 1970 before 1 October 1975 (whether conditionally or otherwise), the rent reserved under the lease of any unit provided for by the proposals is 5 cents per year payable if and when demanded.
27	Endorsement of units plan for registration  
	(1)	If the planning and land authority has approved a unit title application, the lessee of the parcel may submit to the authority for endorsement under this section a units plan consisting of the following documents:
	(a)	diagrams showing the subdivision as approved (including the nature and extent of any encroachment mentioned in section 20 (1) (d) (Unit title applications—approval)); 
	(b)	if the application provides for a staged development—
	(i)	the development statement as approved; or
	(ii)	if the development statement has been amended under section 29—the development statement as amended;
	(c)	the schedule of unit entitlement as approved;
	(d)	the schedules of rent and lease provisions given to the lessee under section 23 (1) (b) and (c).
	(2)	The documents must comply with the regulations.
	(3)	The planning and land authority must approve the documents as the units plan in accordance with the regulations unless—
	(a)	there has been any development on the parcel since the application was approved by the authority (except any part of a staged development carried out in accordance with the development statement); or
	(b)	the lessee is in breach of the lease, or of a provision of (or requirement under) the Planning and Development Act 2007 that applies because the lessee is the lessee of the parcel; or
	(c)	the documents submitted to the authority are not in accordance with the application as approved, or do not comply with this section; or
	(d)	the full amount of any security required under section 24 has not been provided with the documents.
28	Lapse of endorsement after 3 months  
	(1)	An endorsement of a units plan (under section 27) ceases to have effect—
	(a)	3 months after it was made, unless the units plan has been lodged with the registrar-general for registration under the Land Titles (Unit Titles) Act 1970; or
	(b)	if the units plan is lodged within 3 months after the endorsement was made, and is subsequently withdrawn under that Act, section 26—when the endorsement under that section is made by the registrar-general.
	(2)	If an endorsement of a units plan ceases to have effect, the lessee of the parcel may again submit the units plan to the planning and land authority for endorsement under section 27.
	(3)	If the lessee of the parcel again submits the units plan to the planning and land authority for endorsement under section 27, that section and this section apply as if the previous endorsement had not been made.
Division 3.3	Amendment of development statements
29	Amendment of development statements before registration
	(1)	After a unit title application providing for a staged development is approved (under section 20) and before the units plan is registered, the lessee of the parcel may apply to the planning and land authority for the amendment of the development statement.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
	(2)	The planning and land authority may amend the development statement as applied for if satisfied on reasonable grounds that—
	(a)	the applicant has obtained the written agreement to the amendment of each person with an interest in the parcel (except any interested person to whom subsection (3) applies); and
	(b)	any change of unit or common property boundaries provided for by the amendment is a minor boundary change.
	(3)	The planning and land authority may amend the development statement despite the applicant’s failure to obtain an interested person’s agreement if the authority is satisfied on reasonable grounds that—
	(a)	the applicant could not reasonably be aware of that interest, or has made reasonable efforts to obtain the agreement; and
	(b)	either—
	(i)	the interested person would not suffer any substantial long-term detriment because of the proposed amendment; or
	(ii)	despite that failure, it is desirable to authorise the amendment having regard to the overall interests of everyone with interests in the parcel.
	(4)	The planning and land authority may refuse to amend the development statement if, in the authority’s opinion based on reasonable grounds, the amendment would result in the development having a significantly adverse effect on anyone’s amenity while it is taking place.
Examples of people whose amenity may be affected
1	owners or occupiers of units
2	owners or occupiers of nearby premises
3	members of the public who regularly use the surrounding area
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(5)	If the amendment of the development statement requires the change of boundaries, the planning and land authority may amend the schedule of unit entitlement to reflect the change of boundaries, if satisfied on reasonable grounds that the amendment is necessary to reflect accurately a potential change in the relative improved values of the units.

30	Amendment of development statements after registration
	(1)	After a units plan that is subject to a staged development has been registered, and before the development is completed, the lessee of the parcel immediately before registration may apply to the planning and land authority for the amendment of the development statement.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
	(2)	If the amendment of the development statement only affects an uncompleted stage of a staged development, the planning and land authority may amend the development statement as applied for if satisfied on reasonable grounds that—
	(a)	the applicant has obtained the written agreement to the amendment of each person with an interest in a unit in that part of the parcel comprising the uncompleted stages of the development (except any interested person to whom subsection (3) applies); and
	(b)	any change of unit or common property boundaries provided for by the amendment is a minor boundary change within the uncompleted stages of the development.
	(3)	The planning and land authority may amend the development statement under subsection (2) despite the applicant’s failure to obtain an interested person’s agreement if the authority is satisfied on reasonable grounds that—
	(a)	the applicant could not reasonably be aware of that interest, or has made reasonable efforts to obtain the agreement; and
	(b)	either—
	(i)	the interested person would not suffer any substantial long-term detriment because of the proposed amendment; or
	(ii)	despite that failure, it is desirable to authorise the amendment having regard to the overall interests of everyone with interests in that part of the parcel comprising the uncompleted stages of the development.
	(4)	If subsection (2) does not apply, the planning and land authority may amend the development statement as applied for if satisfied on reasonable grounds that—
	(a)	the application is authorised by a special resolution of the owners corporation made within 3 months before the day the application is given to the authority; and
	(b)	the applicant has obtained the written agreement of each interested nonvoter (except any interested nonvoter to whom subsection (5) applies); and
	(c)	any change of unit or common property boundaries provided for by the amendment is a minor boundary change.
	(5)	The planning and land authority may amend the development statement under subsection (4) despite the applicant’s failure to obtain an interested nonvoter’s agreement if the authority is satisfied on reasonable grounds that—
	(a)	the applicant has made reasonable efforts to obtain the agreement; and
	(b)	either—
	(i)	the interested nonvoter would not suffer any substantial long-term detriment because of the proposed amendment; or
	(ii)	despite that failure, it is desirable to authorise the amendment having regard to the overall interests of everyone with interests in the units and the common property.
	(6)	The planning and land authority may refuse to amend the development statement if, in the authority’s opinion based on reasonable grounds, the amendment would result in the development having a significantly adverse effect on anyone’s amenity while it is taking place.
Examples of people whose amenity may be affected
1	owners or occupiers of units
2	owners or occupiers of nearby premises
3	members of the public who regularly use the surrounding area
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(7)	The planning and land authority may authorise the amendment of the schedule of unit entitlement to reflect a change of boundaries if—
	(a)	the amendment of the development statement requires the change of boundaries; and
	(b)	the authority is satisfied, on reasonable grounds, that the amendment is necessary to reflect accurately a change in the relative improved values of the units.
	(8)	If the planning and land authority authorises the amendment of the schedule of unit entitlement under this section—
	(a)	the authority must—
	(i)	endorse the amended schedule of unit entitlement; and
	(ii)	give a notice of authorisation to the lessee; and
	(b)	the lessee must lodge with the registrar-general—
	(i)	the endorsed amended schedule of unit entitlement; and
	(ii)	the notice of authorisation.
	(9)	If the planning and land authority amends the development statement under this section—
	(a)	the authority must endorse the amended development statement; and
	(b)	the lessee must lodge with the registrar-general the endorsed amended development statement.
31	Effect of registration of amendment
	(1)	On the registration of an amended development statement, and any amended schedule of unit entitlement, lodged under section 30—
	(a)	the units plan is amended accordingly; and
	(b)	if unit or common property boundaries are changed—the land covered by each affected lease is the area of land indicated by the boundaries as changed.
	(2)	A change of unit or common property boundaries under this section is not a variation of a lease for the Planning and Development Act 2007, chapter 7 (Development approvals).
Division 3.4	Developer disclosure
31A	Contract for sale of unit before registration of units plan
	(1)	This section applies to a contract for the sale of a unit in a units plan before the units plan is registered.
	(2)	The contract must include the following:
	(a)	the proposed articles of the owners corporation of the units plan;
	(b)	details of any contract the developer intends the owners corporation to enter, including—
	(i)	the amount of the buyer’s contribution to the corporation’s general funds that will be used to service the contract; and
	(ii)	any personal or business relationship between the developer and another party to the contract; 
	(c)	the developer’s estimate, based on reasonable grounds, of the buyer’s contribution to the corporation’s general funds for 2 years after the units plan is registered; 
	(d)	if a right to approve the keeping of animals during the developer control period is reserved—details of the reservation, including the kind and number of animals; 
	(e)	if a staged development of the units is proposed—the proposed development statement and any amendment to the statement. 
	(3)	By entering into the contract, the developer warrants that the information disclosed under subsection (2) (a) to (e) is accurate.
Note	If a developer is appointed as a proxy under the contract, a proxy disclosure statement must be included in the contract (see s 115A (Proxy votes—limit on developer)).
	(4)	The buyer of a unit may, by written notice given to the developer, cancel the contract of sale before the contract is completed if—
	(a)	the developer’s disclosure under subsection (2) is incomplete or inaccurate; and
	(b)	the buyer is significantly prejudiced because the disclosure is incomplete or inaccurate.

Part 4	Registration of units plans
Division 4.1	Subdivision, unit leases and common property lease
32	Subdivision of parcel made by registration 
On and after the registration of a units plan, the parcel is subdivided as specified in the diagrams in the units plan.
33	Leases of units and common property 
	(1)	On the registration of a units plan, the lease of the parcel ends.
	(2)	On the registration of the units plan, the former lessee of the parcel becomes the holder of an estate in leasehold in each unit for the term fixed under subsection (4), subject to the provisions in the units plan for each unit, as if a separate lease of that unit for that term and subject to those provisions had been granted to the former lessee by the Territory under the Planning and Development Act 2007.
	(3)	On the registration of the units plan, the owners corporation becomes the holder of an estate of leasehold in the common property for the term fixed under subsection (4), subject to the provisions set out in the units plan for the common property, as if a lease of the common property for that term and subject to those provisions had been granted to the corporation by the Territory under the Planning and Development Act 2007.
	(4)	The term of the leases of the units and of the common property begins on the registration of the units plan and ends on the date (stated in the units plan) when, apart from the operation of this section, the term of the lease of the parcel would have ended.
	(5)	The estate of which a person or the owners corporation becomes the holder under this section—
	(a)	is subject to any mortgage mentioned in the Land Titles (Unit Titles) Act 1970, section 8; and
	(b)	is subject to, and has annexed to it, any easement mentioned in that section; and
	(c)	is subject to, and has annexed to it, the easements given by this Act, section 35.
	(6)	In this section:
former lessee means the person who was the lessee of the parcel immediately before registration.
Division 4.2	Easements
34	Unit title easement rights 
This division applies to the following rights (unit title easement rights) that the owner of a benefited estate may have against the owner of a burdened estate:
	(a)	rights of support, shelter and protection (including rights for shelter provided by encroaching eaves, awnings or similar structures)—
	(i)	provided by the burdened estate at the time of the registration of the units plan, or at the time of the latest amendment (if any) of the plan after its registration; and
	(ii)	that will be provided by the burdened estate on compliance by its owner with a building and development provision (if any) in the lease of the burdened estate;
	(b)	rights to utility services, and to their provision by any reasonable form of utility conduit (including rights for the collection, passage and drainage of rainwater by encroaching eaves, gutters, downpipes or similar structures);
	(c)	all ancillary rights necessary to make the rights mentioned in paragraphs (a) and (b) effective, including a right of entry by the owner of the benefited estate at all reasonable times on the burdened estate for the inspection and maintenance of—
	(i)	any building on the estate; and
	(ii)	facilities for any utility service on the estate; and
	(iii)	any utility conduit on the estate.
Note	Estate is defined in the dictionary as a unit or common property (in this context).
35	Easements given by this Act 
	(1)	On and after the registration of a units plan, the owner of an estate (a benefited estate) has against the owner of another estate (the burdened estate) any unit title easement rights that are necessary for the reasonable use and enjoyment of the benefited estate.
	(2)	A unit title easement right under this section is an easement annexed to the benefited estate.
	(3)	An easement given by this section exists even if the same person is the owner of both the benefited and burdened estates.
	(4)	A person carrying out work in the exercise of a unit title easement right under this section must make good any damage done in carrying out the work.
Note	Estate is defined in the dictionary as a unit or common property (in this context).
36	Easements declared by owners corporations
	(1)	An owners corporation may, by ordinary resolution, with the consent of the owners of each affected estate, declare that the owner of an estate (a benefited estate) has against the owner of another estate (the burdened estate) any unit title easement rights that are necessary for the reasonable support and maintenance of an encroachment of a kind prescribed by regulation.
	(2)	A unit title easement right declared by an owners corporation under this section is an easement annexed to the benefited estate.
	(3)	An easement declared by an owners corporation under this section exists even if the same person is the owner of both the benefited and burdened estates.
	(4)	A person carrying out work in the exercise of a unit title easement right under this section must make good any damage done in carrying out the work.
	(5)	An easement declared by an owners corporation under this section may only be revoked—
	(a)	by special resolution of the owners corporation; and
	(b)	with the consent of the owners of each affected estate.
Note	Estate is defined in the dictionary as a unit or common property (in this context).
37	Registration—easements declared by owners corporations 
A resolution of an owners corporation under section 36 declaring or revoking an easement takes effect on the registration of the easement, or of a memorandum of extinguishment of the easement, together with written evidence of the consent of the owners of each affected estate.
Division 4.3	Encroachments on public places
37A	Effect of registration of units plan with encroachment on public place
	(1)	This section applies if—
	(a)	a units plan is registered for a parcel; and
	(b)	the plan shows an encroachment on a public place by an attachment to a building on the parcel.
Note	Attachment and encroachment—see the dictionary.
	(2)	This Act and the Land Titles (Unit Titles) Act 1970, other than the provisions relating to ownership of interests and certificates of title, apply to the encroachment—
	(a)	if the units plan shows the encroachment is for use with a unit—as if it were part of the unit; and
	(b)	in any other case—as if it were common property.
Note	The Land Titles (Unit Titles) Act 1970, s 4 (1) provides that it is incorporated with and must be read as one with the Land Titles Act 1925.

Part 5	Owners corporations generally
Division 5.1	Establishment and legal status of owners corporation
38	Establishment of owners corporations
	(1)	On the registration of a units plan, an owners corporation is established, as a body corporate, under the name ‘The Owners—Units Plan No  ’.
	(2)	The number to be included in the name of an owners corporation is the number allotted to the units plan by the registrar-general on its registration.
39	Legal status of owners corporation
An owners corporation—
	(a)	has perpetual succession; and
	(b)	must have a common seal; and
	(c)	may sue and be sued in its corporate name.
Division 5.2	Membership and representatives
40	Members of owners corporation 
	(1)	The members of an owners corporation are the people who are the owners of the units for the time being.
	(2)	If a unit is owned by 2 or more people (whether as joint tenants or tenants in common), each part-owner is a member of the owners corporation.
41	Multiple owners of units—authorisation of representatives
	(1)	This section applies if a unit is owned by 2 or more people (whether as joint tenants or tenants in common).
	(2)	The owners of the unit must, by written notice to the owners corporation, authorise an individual to represent them as their agent (the unit owners’ representative) for this Act.
	(3)	The unit owners’ representative must be 1 of the owners.
Note	If a company is a part-owner of the unit, the company’s own representative may also be authorised as the unit owners’ representative (see s 44 (Company-owned units—functions of representatives)). 
	(4)	The notice of authorisation must—
	(a)	be given to the owners corporation within 14 days after the lodgment for registration of the instrument under which the unit first becomes owned by 2 or more people; and
	(b)	include the full name and an address for correspondence of the representative; and
	(c)	be signed by each owner of the unit.
	(5)	The unit owners may change their representative by written notice to the owners corporation.
	(6)	The notice of change of authorisation must—
	(a)	include the full name and an address for correspondence of the new representative; and
	(b)	be signed by each owner of the unit.
	(7)	The unit owners’ representative may change the address for correspondence by written notice to the owners corporation of the change.
	(8)	The notice of change of address must be signed by the representative.
	(9)	This section may be enforced in the same way as an article of the owners corporation (see section 127 (Effect of articles)).
42	Multiple owners of units—functions of representatives
	(1)	This section applies if a unit is owned by 2 or more people (whether as joint owners or tenants in common).
	(2)	Anything that the owners of the unit may do, or are required to do, under this Act may be done by the unit owners’ representative acting as the agent for the owners.
	(3)	Any document (including a notice) that this Act requires the owners corporation or someone else to give to the unit owners may be given to the representative alone on their behalf under section 80 (Service of documents on members, interested people and occupiers).
Example
The owners corporation may give a notice of general meeting to the representative on behalf of the unit owners to comply with section 97 (1) (a) (which requires notices to be given to each member of the owners corporation).
	(4)	If a document is given to the unit owners by being given to the representative on their behalf, the representative must tell the other unit owners that the document has been given to the representative and (if asked) give them a copy of the document.
	(5)	Subsection (4) may be enforced in the same way as an article of the owners corporation (see section 127 (Effect of articles)).
Example for s (4) and s (5)
It is a breach of subsection (4) if the representative for a unit does not tell a part-owner of the unit about a notice of general funds contributions (under s 60 (5)) given to the representative on the unit owners’ behalf.
In this situation, the part-owner may rely on subsection (5) to enforce subsection (4) against the representative for the unit.  The relevant enforcement action is the same as for a breach of the owners corporation articles—a civil action for breach of an agreement under seal (see s 127).
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
43	Company-owned units—authorisation of representatives 
	(1)	This section applies if a company is the owner or a part-owner of a unit.
	(2)	The company must, by written notice to the owners corporation, authorise an individual to represent it as its agent (the company’s representative) for this Act.
	(3)	The company’s representative must be an officer or employee of the company.
	(4)	The notice of authorisation must—
	(a)	be given to the owners corporation within 14 days after the lodgment for registration of the instrument under which the company becomes an owner or part-owner of the unit; and
	(b)	include the full name and an address for correspondence of the representative; and
	(c)	be signed by the company.
	(5)	The company may change its representative by written notice to the owners corporation.
	(6)	The notice of change of authorisation must—
	(a)	include the full name and an address for correspondence of the new representative; and
	(b)	be signed by the company.
	(7)	The company’s representative may change the address for correspondence by written notice to the owners corporation of the change.
	(8)	The notice of change of address must be signed by the representative.
	(9)	This section may be enforced in the same way as an article of the owners corporation.
44	Company-owned units—functions of representatives 
	(1)	This section applies if a company is the owner or a part-owner of a unit.
	(2)	Anything that the company may do, or is required to do, under this Act may be done by the company’s representative acting as the agent for the company.
	(3)	Any document (including a notice) that this Act requires the owners corporation or someone else to give to the company may be given to the representative on its behalf under section 80 (Service of documents on members, interested people and occupiers).
Example for s (3)
The owners corporation may give a notice of general meeting to the representative on behalf of the company to comply with section 97 (1) (a) (which requires notices to be given to each member of the owners corporation).
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
45	Evidence of representative status
Evidence of any of the following facts about a unit owners’ representative or a company’s representative may be given by a certificate sealed with the owners corporation’s seal:
	(a)	the fact that the authorisation of a named representative was in force on a stated date;
	(b)	the fact that a stated address for correspondence for a representative was the latest address for correspondence for the representative notified to the corporation on a stated date.
Division 5.3	General functions
46	General functions 
	(1)	An owners corporation has the functions given to it under this Act.
	(2)	An owners corporation has, in addition, any functions that are incidental or ancillary to the exercise of its functions under this Act.
46A	Restriction on owners corporation during developer control period
	(1)	An owners corporation for a units plan must not, during the developer control period, do any of the following:
	(a)	enter into a contract unless—
	(i)	the contract is disclosed in each contract to sell a unit in the units plan; and
	(ii)	either—
	(A)	the contract is for a period not longer than 2 years; or
	(B)	the ACAT authorises the corporation entering into the contract;
	(b)	change the articles of the corporation;
	(c)	approve the keeping of an animal by a member of the units plan in the member’s unit unless the right to keep an animal was reserved in each contract to sell a unit in the units plan.
	(2)	A developer or, if an owners corporation is established for the units plan, the owners corporation may apply to the ACAT for the authority to enter a contract during the developer control period.
	(3)	The ACAT may authorise the owners corporation entering into the contract if satisfied that the terms of the contract are reasonable in all the circumstances.
47	Common property ownership
	(1)	An owners corporation holds the common property as agent—
	(a)	for the owner, if all the units are owned by the same person; or 
	(b)	in any other case—for the unit owners as tenants in common in shares proportional to their unit entitlement.
	(2)	The owners corporation must provide all members of the corporation opportunity for the reasonable use and enjoyment of the common property.
48	Dealings in property
	(1)	An owners corporation may, if authorised by an ordinary resolution—
	(a)	hold property for any use in accordance with its functions (subject to subsection (3)); or
	(b)	dispose of any such property.
	(2)	An owners corporation may, if authorised by a special resolution, on conditions and for purposes stated in the resolution—
	(a)	grant or vary an easement over any part of the common property; or
	(b)	take or vary an easement granted for the benefit of the common property; or
	(c)	release an easement granted for the benefit of the common property.
	(3)	The only forms of interest in land that an owners corporation may hold (at law or in equity) are as follows:
	(a)	the lease of the common property;
	(b)	an easement granted for the benefit of the common property; 
	(c)	a registered charge (under section 64) securing an amount payable to the corporation;
	(d)	an interest in the common property of a community title scheme that includes the land subdivided by the units plan.
	(4)	The estate in the lease of the common property (held by the owners corporation) cannot be transferred, assigned, sublet or mortgaged, either at law or in equity.
49	Special privileges relating to common property 
	(1)	An owners corporation may, if authorised by an unopposed resolution, grant a special privilege (other than a sublease) for the enjoyment of the common property (or any part of the common property) to a unit owner, a part-owner of a unit, or someone else with an interest in a unit.
	(2)	A grant under subsection (1) may be terminated, in accordance with a special resolution, by written notice given by the owners corporation to the person to whom the grant was made.
49A	Surrender of leases in units
	(1)	This section applies if—
	(a)	the owners corporation of a units plan applies, or intends to apply, under the Planning and Development Act 2007, section 254, for the grant of a further lease of the units and common property in the units plan; and
	(b)	an owner of a unit in the units plan has not surrendered the lease of the owner’s unit.
	(2)	The owners corporation may surrender the lease of the owner’s unit on behalf of the owner if—
	(a)	the owners corporation gives the owner 3 months written notice of the surrender; and
Note	For how documents may be served, see the Legislation Act, pt 19.5.
	(b)	the owner does not give the owners corporation a written objection to the surrender; and
	(c)	after the end of the 3-month notice period, the surrender is authorised by an unopposed resolution.
	(3)	The owners corporation may also do anything on behalf of the owner that is necessary to make the surrender effective.
Example
The owners corporation may deal with a mortgagee in relation to the unit to obtain the mortgagee’s consent to the surrender.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
50	Exemptions for units plans with 4 or fewer units 
	(1)	An owners corporation for a units plan with 4 or fewer units may, by special resolution, exempt itself from the requirements of this Act prescribed by regulation.
	(2)	An exemption may be revoked by special resolution.
51	General duties
	(1)	An owners corporation is responsible for the enforcement of its articles and the control, management and administration of the common property.
	(2)	The owners corporation must comply with all laws in force in the ACT.
	(3)	An owners corporation must maintain the following: 
	(a)	for a staged development—the common property included in a completed stage of the development;
	(b)	for a development that is not a staged development—the common property;
	(c)	all other property that it holds;
	(d)	the defined parts of any building containing class A units (whether or not the defined parts are common property);
Note	This does not include painting, unless the painting is required because of other maintenance (see s (4)).
	(e)	all facilities associated with the provision of the utility services mentioned in section 35 (Easements given by this Act), including utility conduits;
	(f)	any building on the common property that encroaches on a unit if the building is the subject of an easement declared under section 36 (Easements declared by owners corporations);
	(g)	as authorised by a special resolution (if any)—all buildings on all class B units on the units plan.
Example for par (g)
A special resolution authorising the corporation to paint all buildings on the class B units and to carry out roofing and structural repairs to all class B units, but excluding responsibility for internal painting and minor repairs of class B units.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	An owners corporation’s responsibility (under subsection (3) (d)) to maintain the defined parts of a building containing class A units does not require the corporation to carry out any painting of a unit except as a consequence of other maintenance being carried out because of that responsibility.
	(5)	Subsection (3) (e) only authorises the owners corporation to carry out maintenance associated with the provision of utility services if the provision of services potentially benefits all units.
	(6)	An owners corporation may, by special resolution, exempt itself from any (or all) maintenance requirements under subsection (3) if the exemption is not reasonably likely to affect adversely (to a significant extent)—
	(a)	the appearance of the common property; or
	(b)	the safety of occupiers of the units or of the public.
	(7)	If the lease of a unit or the common property is subject to a building and development provision, subsection (3) does not apply to the owners corporation until the planning and land authority issues a certificate under the Planning and Development Act 2007, section 296 (Certificates of compliance)—
	(a)	for the building and development provision; and 
	(b)	for any building and development provision to which any of the other leases are subject.
	(8)	In this section:
defined parts, of a building containing class A units, means—
	(a)	the following structures in the building, if load-bearing:
	(i)	walls;
	(ii)	columns;
	(iii)	footings;
	(iv)	slabs;
	(v)	beams; or
	(b)	any part of a balcony on the building.
51A	Animals—owners corporation’s consent
	(1)	A unit owner may keep an animal, or allow an animal to be kept, within the unit or the common property only with the consent of the owners corporation.
	(2)	The owners corporation may give consent under this section with or without conditions.
	(3)	However, the owners corporation’s consent must not be unreasonably withheld.
Note	An owner or occupier of a unit may apply to the ACAT to resolve a dispute with the owners corporation about keeping an animal, or allowing an animal to be kept (see s 123).
	(4)	In this section:
animal includes—
	(a)	an amphibian; and
	(b)	a bird; and
	(c)	a fish; and
	(d)	a mammal (other than a human being); and
	(e)	a reptile.
51B	Structural defects—owners corporation may represent members
	(1)	This section applies if a building, or the site of a building, that is part of the units or common property of a units plan, has a structural defect that affects, or is likely to affect, the support or shelter provided by that part of the building or site to another part of the building or site.
	(2)	The owners corporation may, by ordinary resolution, take legal action for the rectification of the structural defects if—
	(a)	the legal action could be taken by a member of the corporation; and
	(b)	the member does not take the legal action within a reasonable time after the defect becomes known.
	(3)	To remove any doubt, if the owners corporation takes legal action under this section—
	(a)	the corporation and not the member who could have taken the action is liable for the costs incurred by the corporation in taking the legal action; and
	(b)	the corporation and not the member may take the benefit of any order for costs in the corporation’s favour in the legal action.
	(4)	For this section, the owners corporation takes legal action if the corporation—
	(a)	begins a proceeding; or
	(b)	continues a proceeding.
51C	Owners corporation—entry to units
	(1)	An owners corporation for a units plan does not have a right to enter a unit in the units plan without the consent of the owner or occupier, except in accordance with this section.
	(2)	The owners corporation may enter the unit without notice to the owner or occupier of the unit if the access is required in an emergency.
Examples—emergencies
1	water flowing from 1 unit into another unit that is causing damage
2	an external glass window in the unit is dislodged and is likely to fall
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	If entry to the unit is required to inspect or maintain the common property of the units plan, a person may enter the unit on behalf of the owners corporation if—
	(a)	the executive committee authorises the entry, and the person to enter, by resolution; and
	(b)	the executive committee gives the owner or occupier written notice that the entry must be allowed on a stated day.
	(4)	A notice under subsection (3) (b) must be given to the owner or occupier not less than 7 days before the entry it relates to.
52	Work on behalf of particular unit owners or occupiers
An owners corporation may, if authorised by an ordinary resolution, enter into and carry out an agreement with an owner or occupier of a unit for—
	(a)	the maintenance of the unit; or
	(b)	the provision of amenities or services for the unit (or its owner or occupier).
53	Recovery of costs—agreements under s 52 
	(1)	This section applies to an agreement for the maintenance of a unit, or the provision of amenities or services for a unit (or its owner or occupier), if—
	(a)	the agreement is authorised under section 52; and
	(b)	the owners corporation is not responsible for the maintenance, amenities or services under section 51.
	(2)	The owners corporation may recover the cost of carrying out the agreement as a debt from the person with whom the agreement was entered.
	(3)	If the agreement applies to a number of units, the amount recoverable for each unit is (unless the people with whom the agreement was entered agree in writing otherwise) as follows:

	(4)	In subsection (3):
total cost means the total cost of carrying out the agreement.
total unit entitlement of relevant units means the total unit entitlement of all units covered by the agreement.
54	Recovery of expenditure resulting from member or unit occupier’s fault 
	(1)	This section applies if an owners corporation has (in carrying out its functions) incurred any expense, or carried out any work, that is necessary because of—
	(a)	a wilful or negligent act or omission of a member of the corporation, or an occupier of the member’s unit; or
	(b)	a breach of its articles by a member of the corporation, or an occupier of the member’s unit.
	(2)	The amount spent or the cost of the work is recoverable by the owners corporation from the member as a debt.
	(3)	If an owners corporation recovers an amount under subsection (2) from a member for an act, omission or breach of an occupier of the member’s unit, the member may recover the amount from the occupier as a debt.
	(4)	In this section:
work, carried out by an owners corporation, means maintenance or anything else the corporation is authorised under this Act to do.
Division 5.3A	People appointed by owners corporation to help run owners corporation
55	Manager—appointment
An owners corporation may, by ordinary resolution, appoint any of the following as owners corporation manager:
	(a)	a person holding a licence as a real estate agent under the Agents Act 2003;
Note	The commissioner for fair trading may issue a conditional real estate licence to a person who acts, or intends to act, only as the manager of an owners corporation (see Agents Act 2003, s 34).
	(b)	a member of the corporation;
	(c)	someone else who is not a manager of another owners corporation, and whose income as manager of the corporation will not be the person’s primary source of income.
Note	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
55A	Manager—conditions of appointment
	(1)	A manager must be appointed for a term of not longer than 3 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
	(2)	The conditions of appointment of the manager—
	(a)	must include—
	(i)	the remuneration of the manager; and
	(ii)	the functions of the owners corporation that the manager is to exercise; and
	(b)	may include other conditions agreed between the owners corporation and the manager.
55B	Manager—functions
A manager has—
	(a)	the functions stated in the manager’s conditions of appointment; and
	(b)	any other function delegated to the manager under section 55G.
55C	Manager—ending appointment
	(1)	The owners corporation may end a person’s appointment as manager—
	(a)	for a remedial breach if notice has been given under section 55D; or
	(b)	for misbehaviour; or
	(c)	if the person becomes bankrupt or personally insolvent; or
	(d)	if the person is convicted in the ACT of an offence punishable by imprisonment for at least 1 year; or
	(e)	if the person is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.
	(2)	However, before ending a person’s appointment as manager under subsection (1) (d) or (e) the owners corporation must be satisfied that the conviction affects the person’s suitability as a manager of the corporation.
	(3)	The owners corporation must end a person’s appointment as manager—
	(a)	if the person is absent for any period not allowed under the person’s conditions of appointment; or
	(b)	for physical or mental incapacity, if the incapacity substantially affects the exercise of the manager’s functions.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
	(4)	In this section:
remedial breach means a remedial breach under section 55D.
55D	Manager—remedial breaches
	(1)	A manager commits a remedial breach if the manager—
	(a)	fails to exercise the manager’s functions; or
	(b)	contravenes the code of conduct; or
	(c)	while exercising the manager’s functions, is grossly negligent or engages in misconduct.
	(2)	If the owner’s corporation believes on reasonable grounds that a manager has committed a remedial breach, the corporation may give the manager written notice stating—
	(a)	that the corporation believes the manager has committed a remedial breach; and
	(b)	details of the remedial breach committed, sufficient to allow the manager to identify—
	(i)	the function the manager failed to exercise; or
	(ii)	the provision of the code of conduct the corporation reasonably believes the manager contravened; or
	(iii)	the gross negligence or misconduct; and
	(c)	that the manager must, within 14 days after the day the notice is given to the manager—
	(i)	give the corporation a written representation explaining why the manager’s actions do not amount to a remedial breach; or
	(ii)	remedy the breach; and
	(d)	that the owners corporation may end the manager’s appointment if—
	(i)	the manager does not comply with the notice; or
	(ii)	if the manager gives a written representation explaining why the manager’s actions do not amount to a remedial breach—the corporation does not accept the manager’s representation.
55E	Manager—code of conduct
A manager must comply with the code of conduct prescribed by regulation.
55F	Manager—public liability insurance
	(1)	A manager must take out and maintain public liability insurance in relation to all of the following events happening because of any act or omission in the management of the owners corporation by the manager:
	(a)	death, bodily injury or illness to anyone; 
	(b)	loss of, or damage to, the property of anyone.
	(2)	Public liability insurance under this section must be for a total amount of liability of at least the amount prescribed by regulation.
	(3)	A manager appointed to manage 2 or more owners corporations may take out and maintain a single insurance policy for this section only if—
	(a)	the manager’s insurer has been told that the manager manages 2 or more owners corporations; and
	(b)	the insurance policy covers the risk in relation to each owners corporation managed by the manager.
55G	Manager—delegated functions
	(1)	The owners corporation may, in writing given to the manager, delegate to the manager any of its functions under this Act or another territory law.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
	(2)	The executive committee may, in writing given to the manager, delegate to the manager any of its functions under this Act or another territory law.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
55H	Communications officer—appointment
	(1)	This section applies to an owners corporation if the units plan has 7 or more units.
	(2)	The owners corporation may, by ordinary resolution, appoint an owners corporation communications officer.
Note	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
	(3)	To remove any doubt—
	(a)	a person may be appointed as a communications officer whether or not the person is a member of the owners corporation; and
	(b)	the corporation may appoint the officer as a volunteer or may pay the officer.
55I	Communications officer—function
	(1)	A communications officer assists the owners corporation by improving communication so that conflict within the units plan is avoided, minimised or resolved.
	(2)	To improve communication, the communications officer may do 1 or more of the following:
	(a)	monitor communication techniques and procedures adopted by the owners corporation for communication (internal communication) between the corporation, the executive committee, unit owners and residents;
	(b)	identify for the executive committee ways in which internal communication can be improved;
	(c)	alert the executive committee, or committee members, if the officer becomes aware of potential conflict;
	(d)	advise the executive committee about ways in which the risk of conflict in the units plan can be minimised;
	(e)	be available to the executive committee, or committee members, to be consulted about any internal communication matter.
	(3)	However, the communications officer must not mediate or directly resolve a dispute.
Division 5.3B	Service contractors
Subdivision 5.3B.1	Service contractor—contract and functions
55J	Definitions—div 5.3B
In this division:
service contract means a contract to provide service contractor services to an owners corporation.
service contractor means a person—
	(a)	contracted under section 55K; or
	(b)	with whom an owners corporation has a service contract.
service contractor services means services provided by a service contractor in exercising the contractor’s functions.
55K	Service contractor—contract
	(1)	An owners corporation may, by ordinary resolution, enter into a service contract with a person.
	(2)	To remove any doubt, an owners corporation also enters into a service contract if the corporation appoints a person to carry out service contractor services.
	(3)	However, the owners corporation must not enter into a service contract with a service contractor for a period longer than 3 years (including any period for which the service contractor may renew or extend the contract) unless—
	(a)	the contract is made by special resolution after the end of the developer control period for the units plan; or
	(b)	each of the following applies:
	(i)	the ACAT is satisfied that the contract is reasonably required for the purpose for which the units plan is intended and authorises the contract before any unit in the units plan is sold, or any agreement for sale has been entered into;
	(ii)	the contract is disclosed by the developer in each sale contract entered into after the contract is made.
	(4)	A service contract entered into in breach of subsection (3) is void.
	(5)	In deciding whether a service contract is reasonably required for the purpose for which the units plan is intended, the ACAT must consider the following:
	(a)	the layout of each building making up the units plan;
	(b)	whether the units plan is to be used for residential, commercial or other purposes;
	(c)	the kind of people likely to purchase units in the units plan;
	(d)	how management of the units plan is intended to operate.
	(6)	In this section:
units plan includes part of a units plan.
55L	Service contractor not to be contracted for longer than 25 years
	(1)	An owners corporation must not enter into a service contract with a service contractor for longer than 25 years.
	(2)	If an owners corporation enters into a service contract with a service contractor for longer than 25 years, the contract is taken, for all purposes, to be a contract for 25 years.
	(3)	To remove any doubt, this section does not apply to a service contract entered into before the commencement of this section.
55M	Service contractor—functions
A service contractor for an owners corporation assists the corporation to exercise 1 or more of the following functions in relation to the common property, or part of the common property, of the units plan:
	(a)	managing the common property or part of the common property;
	(b)	supervising use of the common property or part of the common property;
	(c)	maintaining and repairing the common property or part of the common property.
55N	Service contractor—transfer
	(1)	A service contractor’s rights under a service contract may be transferred only if the transfer is approved by the owners corporation by ordinary resolution.
	(2)	In deciding whether to approve the proposed transfer, the owners corporation may consider the following:
	(a)	the character of the proposed transferee and associates of the proposed transferee;
	(b)	the proposed transferee’s financial standing;
	(c)	the terms of the proposed transfer;
	(d)	the competence, qualifications and experience of the proposed transferee and associates of the proposed transferee;
	(e)	whether the proposed transferee or associates of the proposed transferee have received, or are likely to receive, training;
	(f)	anything else relevant to the service contract.
	(3)	The owners corporation must decide whether to approve a proposed transfer not later than 30 days after the day the corporation receives the application for transfer.
	(4)	However, the owners corporation must not—
	(a)	unreasonably withhold the approval to transfer; or
	(b)	require or receive a fee or other consideration for approving the transfer, other than reimbursement of legal or administrative expenses reasonably incurred by the corporation for the approval.
	(5)	In this section:
associates of the proposed transferee means—
	(a)	if the proposed transferee is a corporation—the corporation’s directors, substantial shareholders and principal staff; or
	(b)	if the proposed transferee is in partnership—the partners and principal staff of the partnership.
55O	Service contractor—ending contract
	(1)	The owners corporation may end a service contract—
	(a)	for a remedial breach if notice has been given under section 55P; or
	(b)	for misbehaviour; or
	(c)	if the service contractor becomes bankrupt or personally insolvent; or
	(d)	if the service contractor is convicted in the ACT of an offence punishable by imprisonment for at least 1 year; or
	(e)	if the service contractor is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.
	(2)	However, before ending a service contract under subsection (1) (d) or (e) the owners corporation must be satisfied that the conviction affects the service contractor’s suitability to exercise the contractor’s functions.
	(3)	The owners corporation must end a service contract—
	(a)	if the service contractor is absent, other than on approved leave, for 14 consecutive days or for 28 days in any 12-month period; or
	(b)	for physical or mental incapacity, if the incapacity substantially affects the exercise of the service contractor’s functions.
	(4)	In this section:
remedial breach means a remedial breach under section 55P.
55P	Service contractor—remedial breaches
	(1)	A service contractor commits a remedial breach if the service contractor—
	(a)	fails to exercise the service contractor’s functions; or
	(b)	while exercising the service contractor’s functions, is grossly negligent or engages in misconduct.
	(2)	If the owner’s corporation believes on reasonable grounds that a service contractor has committed a remedial breach, the corporation may give the service contractor written notice stating—
	(a)	that the corporation believes the service contractor has committed a remedial breach; and
	(b)	details of the remedial breach committed, sufficient to allow the service contractor to identify—
	(i)	the function the service contractor failed to exercise; or
	(ii)	the gross negligence or misconduct; and
	(c)	that the service contractor must, within 14 days after the day the notice is given to the service contractor —
	(i)	give the corporation a written representation explaining why the service contractor’s actions do not amount to a remedial breach; or
	(ii)	remedy the breach; and
	(d)	that the owners corporation may end the service contract if—
	(i)	the service contractor does not comply with the notice; or
	(ii)	if the service contractor gives a written representation explaining why the service contractor’s actions do not amount to a remedial breach—the corporation does not accept the service contractor’s representation.
Subdivision 5.3B.2	Service contractor—protection of contract financier
55Q	Meaning of financed service contract and financier—subdiv 5.3B.2
In this subdivision:
financed service contract means a service contract financed by a financier under section 55R.
financier—see section 55R.
55R	Who is a financier for a service contract?
	(1)	A person is a financier for a service contract if—
	(a)	the person—
	(i)	is a financial institution; or
	(ii)	in the ordinary course of the person’s business, supplies, or might reasonably be expected to supply, finance for business acquisitions, using charges over contracts for security; or
	(iii)	if the contract exists immediately before the commencement of this subdivision—at the time the finance was supplied for a business acquisition using a charge over the contract for security, was a person mentioned in subparagraph (ii); and
	(b)	a service contractor for the contract and the person give written notice signed by each of them to the owners corporation that the person is a financier for the contract.
	(2)	A person stops being a financier for a service contract if the person gives the owners corporation written notice withdrawing the notice given under subsection (1).
	(3)	A notice under subsection (2) may be given without the service contractor’s agreement.
55S	Financed service contract—notice of change
The owners corporation must give the financier of a financed service contract written notice of—
	(a)	any change made to the contract by the corporation and the service contractor; or
	(b)	any arrangement entered into by the corporation and the service contractor that affects the contract.
55T	Financed service contract—limitation on ending
	(1)	The owners corporation may end a financed service contract only if—
	(a)	the corporation gives the financier written notice that the corporation has the right to end the contract; and
	(b)	when the notice is given to the financier, the corporation has the right to end the contract; and
	(c)	the corporation gives the notice to the financier not less than 21 days before the day the contract is ended.
	(2)	However, the owners corporation may not end the financed service contract if, under an arrangement between the financier and the service contractor, the financier has given the corporation notice under section 55U.
	(3)	Subsection (2) does not stop the owners corporation ending a service contract for something done or not done after the financier started to act under the contract.
	(4)	This section does not stop a financed service contract ending by agreement between the owners corporation, service contractor and financier.
55U	Financed service contract—person authorised to act for financier
	(1)	The financier for a financed service contract may take the following action:
	(a)	act under the contract in place of the contractor; 
	(b)	appoint a receiver, or a receiver and manager, for the contract.
	(2)	However, the financier may only take action under subsection (1) if—
	(a)	the financier has given written notice to the owners corporation of the financier’s intention to take the action; and
	(b)	at the time the notice is given to the owners corporation, the corporation—
	(i)	has not given the financier notice under section 55T (1) (c); or
	(ii)	has given and withdrawn the notice to the financier.
	(3)	The financier may authorise a person to act for the financier for subsection (1) (a) if—
	(a)	the person is not the service contractor or an associate of the contractor; and
	(b)	the owners corporation approves the person.
	(4)	In deciding whether to approve a person under subsection (3), the owners corporation—
	(a)	must act reasonably in the circumstances and decide as soon as practicable; and
	(b)	may only consider—
	(i)	the person’s character; and
	(ii)	the person’s competence, qualifications and experience.
	(5)	However, the owners corporation must not—
	(a)	unreasonably withhold the person’s approval; or
	(b)	require or receive a fee or other consideration for approving the person, other than reimbursement of legal or administrative expenses reasonably incurred by the corporation for the approval.
55V	Financed service contract—agreement between owners corporation and financier prohibited
	(1)	A financier for a financed service contract must not enter into an agreement or other arrangement with the owners corporation under the contract for a matter relating to—
	(a)	the financier’s role for the contract; or
	(b)	arrangements between the financier and service contractor under which the financier is acting, or may act, under the contract in the contractor’s place; or
	(c)	the operation of this subdivision in relation to the contract.
	(2)	An agreement or arrangement to which this section applies is void to the extent it contravenes this section.
Division 5.4	Finances of owners corporation
55W	Definitions—div 5.4
In this division:
initial sinking fund plan—see section 62.
sinking fund expenditure means payments allowed to be made from the sinking fund under section 61 (3).
sinking fund plan—see section 63A.
56	Banking and investment of money of corporation 
	(1)	An owners corporation must—
	(a)	open and maintain an account or accounts with 1 or more authorised deposit-taking institutions; and
	(b)	pay all amounts it receives into such an account; and
	(c)	pay all amounts it spends out of such an account.
	(2)	An owners corporation for a units plan with only 2 or 3 units may, by unopposed resolution, exempt itself from subsection (1).
	(3)	An owners corporation may invest its money as it considers appropriate, subject to any direction by special resolution.
	(4)	However, an owners corporation must not invest in mortgages of land.
Note	An authorised deposit-taking institution is an institution (eg a bank, credit union or building society) that is authorised under the Banking Act 1959 (Cwlth), s 9 (3) (see Legislation Act, dict, pt 1).
57	Prohibition on business 
	(1)	An owners corporation must not carry on business except in the exercise of its functions.
	(2)	If an owners corporation contravenes subsection (1), each executive member of the corporation at the time of the breach commits an offence.
Maximum penalty:  50 penalty units.
	(3)	It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that—
	(a)	the defendant took reasonable steps to ensure that the contravention did not happen; or
	(b)	the contravention happened without the defendant’s knowledge.
58	Borrowing powers
An owners corporation may, if authorised by a special resolution, do either or both of the following:
	(a)	borrow amounts required for the exercise of its functions;
	(b)	secure the repayment of amounts borrowed by it and the payment of interest on amounts borrowed by it.
Note	Section 48 (4) prevents the owners corporation from taking out a mortgage over the lease in the common property to secure repayment.
59	General funds (administrative or special purpose funds) 
	(1)	An owners corporation must establish a fund for the general administration of the corporation (the administrative fund).
	(2)	An owners corporation may, by special resolution, establish other funds for particular purposes (a special purpose fund).
	(3)	The purposes for which a special purpose fund may be used may only be changed by special resolution of the owners corporation.
	(4)	A payment or transfer out of the administrative fund or a special purpose fund may only be made for a purpose for which the fund may be used, unless the owners corporation decides otherwise by special resolution.
	(5)	At each annual general meeting of an owners corporation, the corporation must, by special resolution, approve a budget for the administrative fund and each special purpose fund (the general funds budget) for the financial year in which the meeting is held.
	(6)	The general funds budget must state the total amounts estimated to be paid into and out of the owners corporation’s general funds in the financial year in which the annual general meeting is held (excluding transfers to the sinking fund).
60	Contributions to general funds 
	(1)	An owners corporation may, from time to time, determine the amount required by way of contributions from its members for the corporation’s general funds.
	(2)	The general funds contribution payable for each unit is—
	(a)	the proportional share for the unit of the total general funds contributions; or
	(b)	a proportion of the total general funds contributions worked out in accordance with a method set out in an unopposed resolution.
	(3)	A resolution under subsection (2) (b) may provide that only stated unit owners (or unit owners in a stated class) are required to pay a particular contribution (or a contribution of a particular kind).
	(4)	A resolution under subsection (2) (b) may only be—
	(a)	amended by unopposed resolution; and
	(b)	revoked by special resolution.
	(5)	An owners corporation must give notice of a determination of general funds contributions to each unit owner.
	(6)	The notice must include the following information:
	(a)	the general funds contribution payable for the unit;
	(b)	the general funds contributions payable for each other unit;
	(c)	the general funds for which the contribution is required, the proportion of the contribution to be paid into each fund, and the total amount to be paid into each fund;
	(d)	the proportion of the total general funds contributions payable for the unit and how the proportion is worked out;
	(e)	the date when the contribution is payable, if paid in full (which must be no later than 28 days after the date of the notice);
	(f)	if the contribution is payable by instalments—the dates when the instalments are payable;
	(g)	how the contribution may be paid;
	(h)	details of any discount for early payment (under section 65);
	(i)	details of interest payable for late payment (under section 65).
	(7)	A general fund contribution is payable by a unit owner—
	(a)	if paid in full—on the date stated in the notice; or
	(b)	if payable by instalments—on the dates stated in the notice.
61	Sinking funds 
	(1)	An owners corporation must establish and maintain a fund (the sinking fund) under this section if there are 4 or more units in the units plan.
	(2)	Payments into the sinking fund may only be made—
	(a)	directly from sinking fund contributions; or
	(b)	by transfer from the administrative fund in accordance with an ordinary resolution; or
	(c)	by transfer from a special purpose fund, in accordance with the purpose of the fund or a special resolution.
	(3)	An owners corporation may only make payments from its sinking fund for the following purposes:
	(a)	the painting or repainting of any building (or any part of a building) that forms part of the common property;
	(b)	the acquisition, renewal or replacement of property that it holds;
	(c)	the renewal, replacement or repair of fixtures and fittings that are part of the common property;
	(d)	the renewal, replacement or repair of anything else on the common property;
	(e)	for a building containing class A units—any purpose mentioned in paragraph (b), (c) or (d) that relates to a defined part of a building within the meaning of section 51 (General duties);
	(f)	for a building on a class B unit—any maintenance mentioned in paragraph (b), (c) or (d) that is authorised by a special resolution (under section 51 (3) (g));
	(g)	any other capital expenses for which the corporation is responsible.
62	Sinking funds—owners corporation to prepare initial 10‑year plan
	(1)	This section applies to an owners corporation if the corporation—
	(a)	is required to establish and maintain a sinking fund; and
	(b)	has not had its 2nd annual general meeting.
	(2)	The owners corporation must prepare a plan (the initial sinking fund plan) of anticipated sinking fund expenditure for the 10 years starting on the day of the 1st annual general meeting of the corporation after the corporation is registered.
	(3)	The owners corporation must, by ordinary resolution, approve the initial sinking fund plan not later than the day of the 2nd annual general meeting of the corporation after the corporation is registered.
63	Sinking funds—review of initial sinking fund plan
An owners corporation with an initial sinking fund plan must review and, if necessary, amend the plan not later than 4 years after the plan is approved.
63A	Sinking funds—owners corporation to prepare subsequent 10-year plans
	(1)	This section applies if an owners corporation has, or has had, an initial sinking fund plan.
	(2)	The owners corporation must prepare a plan (the sinking fund plan) of anticipated sinking fund expenditure every 10 years (the 10-year period) following the period mentioned in section 62 (2).
	(3)	The owners corporation must, by ordinary resolution, approve the sinking fund plan not later than the 1st annual general meeting after the start of each 10-year period.
63B	Sinking funds—review of sinking fund plan
An owners corporation with a sinking fund plan must review and, if necessary, amend the plan not later than 5 years after the plan is approved.
64	Sinking funds—contributions 
	(1)	The sinking fund contribution payable for each unit for a financial year is—
	(a)	the proportional share for the unit of the total sinking fund amount for the financial year; or
	(b)	a proportion of the total sinking fund contributions worked out in accordance with a method set out in an unopposed resolution.
	(2)	A resolution under subsection (1) (b) may provide that only stated unit owners (or unit owners in a stated class) are required to pay a contribution to the sinking fund.
	(3)	A resolution under subsection (1) (b) may only be—
	(a)	amended by unopposed resolution; or
	(b)	revoked by special resolution.
	(4)	An owners corporation must, within 1 month after an annual general meeting, give notice to each unit owner of the determination of sinking fund contributions for the financial year when the meeting takes place.
	(5)	The notice must include the following information:
	(a)	the sinking fund contribution payable for the unit;
	(b)	the sinking fund contributions payable for each other unit;
	(c)	the total sinking fund amount;
	(d)	the proportion of the total sinking fund amount payable for the unit and how the proportion is worked out;
	(e)	the date when the contribution is payable, if paid in full (which must be no later than 28 days after the date of the notice);
	(f)	if the contribution is payable by instalments—the dates when the instalments are payable;
	(g)	how the contribution may be paid;
	(h)	details of any discount for early payment (under section 65);
	(i)	details of interest payable for late payment (under section 65).
	(6)	A sinking fund contribution is payable by a unit owner—
	(a)	if paid in full—on the date stated in the notice; or
	(b)	if payable by instalments—on the dates stated in the notice.
64A	General and sinking funds in staged developments
	(1)	This section applies to a general fund or sinking fund established by an owners corporation for a staged development if the development has not been completed.
	(2)	A contribution to a general fund is not payable by the owner of a unit if the unit is in an uncompleted stage of the development.
	(3)	A contribution to a sinking fund is not payable by the owner of a unit if the unit is in an uncompleted stage of the development.
	(4)	The owners corporation must not pay an amount from a general fund or sinking fund in relation to an uncompleted stage of the development.
65	Discounts and interest—amounts owing 
	(1)	An owners corporation may, by ordinary resolution, decide that a stated discount applies to an amount owing to the corporation by a unit owner if—
	(a)	the amount is paid to the corporation before the date it becomes payable; or
	(b)	for contributions payable by instalments—if the contribution is paid in full on or before the date specified in the notice for payment in full, or if the contributions are paid in another way stated in the resolution.
	(2)	If an amount owing to an owners corporation by a unit owner is not paid on or before the date it becomes payable, unless otherwise decided by ordinary resolution, the amount bears simple interest until paid—
	(a)	at an annual rate of 10%; or
	(b)	at an annual rate of less than 10%, if decided by special resolution; or
	(c)	at an annual rate of more than 10% and not more than 20%, if decided by special resolution.
	(3)	Interest on an amount owing to the owners corporation forms part of the fund into which the amount is payable.
66	Recovery of amounts owing 
	(1)	If an amount owing to an owners corporation is not paid on or before the date it is payable, the corporation may recover the amount as a debt from the unit owner, together with interest (under section 65).
	(2)	If the ownership of a unit changes after an amount owing to the owners corporation becomes payable, the owner at the time the amount became payable and each subsequent owner are liable both separately and together for the amount, together with interest (under section 65).
67	Security for unpaid amounts—declaration of charge 
	(1)	If an amount owing to the owners corporation is unpaid after it becomes payable, the corporation may declare that a charge is to be imposed over the lease of the unit to secure payment of the amount.
	(2)	The declaration must—
	(a)	give details of the lease of the unit to be charged; and
	(b)	state the unpaid amount owing to the owners corporation.
	(3)	After making the declaration, the owners corporation must—
	(a)	lodge with the registrar-general a copy of the declaration, certified as a true copy under the seal of the corporation; and
	(b)	give a copy of the declaration to the unit owner and anyone else who has an interest in the unit.
	(4)	On registration of the copy of the declaration, the amount stated in the declaration (together with interest on the amount under section 65) is a charge over the lease of the unit.
	(5)	A registered charge under this section does not give a power of sale over the lease of the unit.
68	Security for unpaid amounts—discharge 
	(1)	This section applies if a charge declared under section 67 has been registered, and—
	(a)	the entire amount for which the charge was declared is paid (together with interest on the amount under section 65); or
	(b)	the owners corporation considers that the charge is no longer required.
	(2)	If this section applies, the owners corporation must—
	(a)	revoke the declaration of the charge; and
	(b)	lodge with the registrar-general a copy of the revocation, certified as a true copy under the seal of the corporation; and
	(c)	give a copy of the revocation to the unit owner and anyone else who has an interest in the unit.
	(3)	The discharge under this section of a charge takes effect on the registration of the revocation of the charge.
69	Liability of co-owners 
	(1)	This section applies if—
	(a)	a unit is owned by 2 or more people (whether as joint tenants or tenants in common); and
	(b)	an amount is recoverable by the owners corporation from the unit owners.
	(2)	The unit owners are liable separately and together for the payment of the amount.
	(3)	As between themselves, each owner is liable for a part of the amount proportional to the value of the owner’s interest in the unit.
	(4)	If any part-owner pays a part of the amount that is more than the owner’s proportional liability, the owner may recover the excess from the other owners.
Division 5.5	Information
70	Corporate register—establishment
	(1)	An owners corporation must establish and maintain a register (the corporate register) that includes—
	(a)	the information mentioned in subsection (2) for each unit; and
	(b)	the information mentioned in subsection (3).
	(2)	The owners corporation must record on the corporate register the following information for each unit:
	(a)	if the unit is owned by 1 person—the full name and an address for correspondence of the unit owner;
	(b)	if the unit is owned by 2 or more people—the full name and address for correspondence of the unit owners’ representative and each other part-owner;
	(c)	if the unit owner, or 1 or more part-owners of the unit, is a company—the full name and address for correspondence of the company’s representative;
	(d)	if a mortgagee voting notice has been given for the unit—the full name and address for correspondence of the mortgagee’s representative;
	(e)	if notified to the corporation—the full name and an address for correspondence of anyone else with an interest in the unit together with particulars of the interest;
	(f)	the full name of the occupier of the unit (including the owner or any part-owner, if the owner or part-owner occupies the unit).
	(3)	In addition, the owners corporation must record on the corporate register the following information:
	(a)	the full names of the current executive members;
	(b)	if notified to the corporation—the full name and an address for correspondence of anyone with an easement over the common property together with particulars of the easement.
	(4)	The corporate register may be kept in electronic form.
71	Corporate register—information for inclusion
	(1)	A unit owner must give the owners corporation written notice of the particulars of any of the following events within 14 days after the event happens:
	(a)	the owner agreeing to transfer the lease of the unit to someone else;
	(b)	the lodgment for registration, by the unit owner, of the instrument under which the person became the owner;
	(c)	a change in the owner’s name or address for correspondence;
	(d)	a change of occupancy of the unit;
	(e)	a vacancy in occupancy of the unit that is expected to be longer than a continuous period of 30 days.
Note	Information about representatives of units owned by 2 or more people, or by a company, must be provided to the owners corporation under the following sections:
·	s 41 (Multiple owners of units—authorisation of representatives)
·	s 43 (Company-owned units—authorisation of representatives).
	(2)	Subsection (1) may be enforced in the same way as an article of the owners corporation.
	(3)	A person (other than a unit owner) may give the owners corporation written notice of the particulars of the following events:
	(a)	the person agreeing to transfer an interest in the lease of a unit or the common property to someone else;
	(b)	the lodgment for registration, by the person, of an instrument under which the person acquires an interest in a unit or the common property;
	(c)	the person acquiring an interest in a unit or the common property other than a registered interest;
	(d)	if the person has an interest in a unit or the common property—a change in the full name or address for correspondence of the person;
	(e)	a change in the nature of an interest held by the person in a unit or the common property, including the person’s ceasing to have the interest.
Note	Information about mortgagees’ representatives must be provided to the owners corporation under the following sections:
	s 112 (Voting by mortgagees)
	s 113 (Mortgagee voting notices—amendment and revocation).
72	Corporate register—access 
	(1)	On request by an eligible person for a unit or the common property, the owners corporation must allow the person, within 14 days after the request is received, to inspect, and take a copy of—
	(a)	for a request by an eligible person for a unit—the information on the corporate register about the unit and any easements with which the common property is benefited or burdened; or
	(b)	for a request by an eligible person for the common property—the information on the corporate register about any easements with which the common property is benefited or burdened.
	(2)	On request by an applicant for a court order under this Act, the owners corporation must allow the applicant to inspect, and take a copy of, the names and addresses for correspondence recorded on the corporate register of each unit owner and anyone else with an interest in a unit, or the common property, that is recorded on the register.
Note	This is to enable the applicant for the order to comply with the requirements for service under this Act.
	(3)	A request must be in writing accompanied by a fee fixed by the owners corporation of not more than an amount prescribed by regulation (plus any GST payable in relation to that amount).
	(4)	The corporate register must be kept in a way that ensures that a person who is entitled to inspect the register does not have access to any information the person is not entitled to inspect.
Examples of how to restrict access
1	If the register is kept in a book, the information could be kept on a separate page for each unit and for the common property.
2	If the register is kept in a computer database, the information could be stored so that information for each unit and the common property can be separately displayed, printed out or emailed.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
73	Names and addresses of executive members 
On request by an eligible person for a unit or the common property, the owners corporation must, free of charge, give the person the full names and addresses of its current executive members within 14 days after the request is received.
74	Insurance information 
On request by an eligible person for a unit or the common property, the owners corporation must, free of charge, allow the person to inspect, and take a copy of, the following documents within 14 days after the request is received:
	(a)	any current insurance policy or policies taken out by the corporation; and
	(b)	the receipts for all premiums paid under current policies taken out by the corporation; and
	(c)	the part of the minutes of any annual general meeting of the corporation that records any exemption resolution under section 133 (Exemptions from building insurance requirements).
75	Unit title certificate and access to owners corporation records
	(1)	On request by an eligible person for a unit or the common property for a certificate (the unit title certificate), the owners corporation must, within 14 days after the day the request is received, give the person the certificate under the seal of the corporation giving the following information about the unit or common property:
	(a)	the name and contact details of each member of the corporation’s executive committee;
	(b)	the name and contact details of the corporation’s manager;
	(c)	the place where the corporation’s records can be inspected, and the name and contact details of the person to be contacted to arrange inspection;
	(d)	for each insurance policy held by the corporation—
	(i)	the type of insurance policy; and
	(ii)	the name of the insurer that issued the policy; and
	(iii)	the amount of the liability covered by the policy;
	(e)	for the general fund and the sinking fund, at the date the certificate is signed—
	(i)	the amount of the current contribution to the fund; and 
Note	The contribution to the general fund is determined under s 60, and the contribution to the sinking fund is determined under s 64.
	(ii)	the date the contribution is due; and
	(iii)	the period the contribution is for; and
	(iv)	whether the contribution is paid or unpaid; and
	(v)	the balance of the fund.
	(2)	On request by an eligible person for a unit or the common property to inspect the records of an owners corporation, the corporation must, within 14 days after the day the request is received, allow the person—
	(a)	to inspect—
	(i)	the information on the corporate register; and
	(ii)	any other records held by the corporation; and
	(b)	to take copies of any document inspected.
	(3)	If a dispute exists, the owners corporation may withhold from inspection documents subject to legal professional privilege in relation to the dispute.
	(4)	A request under this section must be in writing accompanied by a fee fixed by the owners corporation of not more than an amount prescribed by regulation (plus any GST payable in relation to the amount).
	(5)	If a request is made under both subsections (1) and (2), only a single fee is payable.
76	Acting on information in unit title certificate 
If a person acts honestly on a matter stated in a unit title certificate, then, in an action by or against the owners corporation, the corporation is estopped, as against that person, from denying the truth of that or any other matter stated in the certificate.
77	Failure to provide information (or certificate)—offence 
	(1)	If an owners corporation fails to comply with a request under this division for information or a unit title certificate, each executive member of the corporation at the time of the failure commits an offence.
Maximum penalty:  50 penalty units.
	(2)	It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—
	(a)	the person requesting the information, when asked by someone acting for the owners corporation, did not give the corporation reasonable grounds to believe that the person was an eligible person; or
	(b)	the defendant took reasonable steps to ensure that the request was complied with; or
	(c)	the failure to comply with the request happened without the defendant’s knowledge.
78	Owners corporation name, address and letterbox
	(1)	An owners corporation must ensure that a notice showing the name of the corporation, and the address shown on the units plan for the service of documents, is continuously displayed in a conspicuous place on the parcel, unless—
	(a)	the address shown on the units plan for the service of documents is the postal address of a building on the parcel; and
	(b)	the corporation provides a letterbox on the parcel under subsection (2).
Maximum penalty:  1 penalty unit.
	(2)		If the address shown on the units plan for the service of documents is the postal address of a building on a parcel, the owners corporation must ensure that a letterbox suitable for postal delivery, showing the name of the corporation in clear and legible characters, is continuously available in a conspicuous and accessible place on the parcel.
Maximum penalty:  1 penalty unit.
	(3)	If an owners corporation changes its address for service of documents, it must lodge notice of the change with the registrar‑general in a form approved by the registrar-general under the Land Titles Act 1925.
Maximum penalty:  5 penalty units.
79	Service of documents on owners corporation
For this Act (including an application for a court order under this Act) a document may be served on an owners corporation by—
	(a)	if the address for service is the postal address of a building on the parcel—by placing it in the letterbox mentioned in section 78 (2); or
	(b)	serving it in another way approved by the corporation by ordinary resolution.
Note	The methods of service provided for in this section are in addition to methods of service provided for in the Legislation Act, pt 19.5.
80	Service of documents on members, interested people and occupiers
	(1)	For this Act (including an application for a court order under this Act) a document may be served on a unit owner, a part‑owner of a unit or anyone else with an interest in a unit or the common property on a units plan—
	(a)	by sending it by prepaid post as a letter to the relevant address for correspondence recorded on the corporate register; or
	(b)	if the latest address for correspondence recorded in the corporate register is the postal address of a building or unit on the parcel—by placing it in a letterbox for mail addressed to the building or unit; or
	(c)	by serving it in another way directed by the person to be served.
Note	The methods of service provided for in this section are in addition to methods of service provided for in the Legislation Act, pt 19.5.
	(2)	If a unit is owned by 2 or more people (whether as joint owners or tenants in common), and a document is required or permitted to be served on the unit owner, service of the document (under this section) on the unit owners’ representative is sufficient.
	(3)	If an owner or part-owner of a unit is a company, and a document is required or permitted to be served on the company, service of the document (under this section) on the company’s representative is sufficient.
	(4)	If a mortgagee voting notice is current for a unit, and a document is required or permitted to be served on the mortgagee, service of the document (under this section) on the mortgagee’s representative is sufficient.
	(5)	If a unit has an occupier who is not an owner or part-owner of the unit, and a document is required or permitted to be served on the occupier, the document may be served on the occupier—
	(a)	by placing it in a letterbox for mail addressed to the unit; or
	(b)	by giving it personally to the occupier; or
	(c)	by serving it in another way directed by the occupier.

Part 6	Decision-making by owners corporations
Division 6.1	Executive committee
81	Executive committee—establishment 
On the establishment of an owners corporation, the executive committee of the corporation is also established.
82	Executive committee—functions 
	(1)	The executive committee of an owners corporation exercises the functions of the corporation.
	(2)	Without limiting subsection (1), the executive committee’s functions include the following:
	(a)	developing matters in relation to—
	(i)	the common property; and 
	(ii)	the strategic affairs of the owners corporation;
	(b)	submitting matters developed under paragraph (a) to the owners corporation for consideration;
	(c)	monitoring the financial performance of the owners corporation; 
	(d)	approving the annual financial statements and budget for presentation to the owners corporation at the corporation’s annual general meeting;
	(e)	supervising the treasurer, secretary, manager, communications officer and caretaker;
	(f)	carrying out decisions made by the owners corporation. 
	(3)	The functions of an executive committee of an owners corporation must be exercised—
	(a)	as the corporation directs by resolution at a general meeting; or
	(b)	in the absence of any such resolution—as the committee considers appropriate.
Note	The resolution required under s (3) (a) is an ordinary resolution, unless this Act provides that the resolution should be a special, unopposed or unanimous resolution—see s 104 (1) (Decisions at general meetings).
83	Executive committee—before the first annual general meeting 
	(1)	Until the first annual general meeting of an owners corporation, the executive committee consists of all the members of the corporation.
	(2)	Until the first annual general meeting, the executive committee may exercise a function of the owners corporation only if authorised to do so by a special resolution.
84	Executive committee—after the first annual general meeting 
	(1)	This section provides for the constitution of the executive committee of an owners corporation as decided at its first annual general meeting and afterwards.
	(2)	The executive committee is constituted as follows:
	(a)	if there are 1, 2 or 3 members of the owners corporation—each member of the owners corporation is an executive member;
	(b)	if there are 4 or more members of the owners corporation—a number of members decided by resolution at a general meeting, as follows:
	(i)	3 to 7 executive members, if so decided by ordinary resolution;
	(ii)	8 or more executive members, if so decided by special resolution.
	(3)	If the number of members of the owners corporation falls below the number of executive members as decided by the corporation, all the members of the corporation are executive members (even if not nominated or elected). 
	(4)	The executive members—
	(a)	are elected (if necessary) by ordinary resolution at each annual general meeting; and
	(b)	hold office until the earlier of—
	(i)	the next annual general meeting; and
	(ii)	the member ceasing to be a member of the owners corporation.
	(5)	An executive member (the removed member) of an owners corporation may be removed by ordinary resolution that appoints another member of the corporation to replace the removed member until the next annual general meeting.
	(6)	The executive committee of an owners corporation may appoint a member of the corporation to fill a casual vacancy on the committee until the next annual general meeting.
85	Meetings of executive committee 
	(1)	An executive committee may meet for the conduct of business when it decides, and may adjourn and otherwise regulate its meetings as it considers appropriate.
	(2)	An executive member may call a meeting of the committee by giving to each other executive member not less than 7 days written notice stating the business that the member proposes to bring before the meeting and the time and place of the meeting.
86	Quorum of executive committee 
	(1)	Business may be transacted at a meeting of an executive committee only if a quorum is present at the relevant time.
	(2)	A quorum is worked out as follows:
	(a)	if the total number of executive members is an odd number—

	(b)	if the total number of executive members is an even number—

87	Executive committee—office-holders
	(1)	At the first meeting of the executive committee, the committee must elect—
	(a)	a chairperson; and
	(b)	a secretary; and
	(c)	a treasurer.
	(2)	The committee may elect a person to 2 or more positions.
87A	Executive committee—chairperson’s functions
	(1)	The functions of the chairperson are—
	(a)	to chair general meetings of the owners corporation and meetings of the executive committee; and
	(b)	to set the agenda for general meetings and executive meetings, in consultation with the secretary and owners corporation manager; and
	(c)	to liaise with the secretary, treasurer and manager about the performance of their functions.
	(2)	At a meeting of the executive committee, the chairperson may leave the chair during the meeting for any reason.
	(3)	If the chairperson leaves the chair during a meeting, the executive members present must elect another executive member present to chair the meeting.
	(4)	At a meeting of the executive committee, the chairperson—
	(a)	may vote as an executive member; and
	(b)	if the votes on a question are equal—may exercise a 2nd (casting) vote, unless there are only 2 executive members.
Note	If there are only 2 executive members, all matters must be decided by unanimous vote (see s 88 (2)).
87B	Executive committee—secretary’s functions
The functions of the secretary are—
	(a)	on behalf of the executive committee—
	(i)	to give notice of meetings of the executive committee and general meetings; and
	(ii)	to prepare and distribute to executive members minutes of executive meetings; and
	(iii)	to prepare and distribute to members of the owners corporation minutes of general meetings; and
	(iv)	to keep the records of the owners corporation, other than the records mentioned in section 91 (1) (e) (which are financial records); and
	(b)	on behalf of the executive committee, and the owners corporation, to give notices under the Act; and
	(c)	on behalf of the owners corporation—
	(i)	to give certificates required under the Act; and
	(ii)	to prepare and answer correspondence; and
	(d)	to give any other administrative support to the executive committee or owners corporation.
87C	Executive committee—treasurer’s functions
The functions of the treasurer are—
	(a)	on behalf of the owners corporation, to give to each unit owner notice of—
	(i)	a determination of general funds contributions under section 60 (5) (Contributions to general funds); and
	(ii)	a determination of sinking fund contributions under section 64 (4) (Sinking funds—contributions); and
	(b)	on behalf of the owners corporation—
	(i)	to pay all amounts the corporation receives into the corporation’s account in accordance with section 56 (1) (b) (Banking and investment of money of corporation); or
	(ii)	if the owners corporation is exempt from section 56 (1)—to receive, acknowledge receipt of, and account for amounts paid to the corporation; and
	(c)	on behalf of the owners corporation, pay amounts the corporation spends out of the corporation’s account, in accordance with section 56 (1) (c), as authorised by the executive committee; and
	(d)	on behalf of the executive committee, to keep the records mentioned in section 91 (1) (e) (Minutes, records and accounts); and
	(e)	if the owners corporation requires the records mentioned in section 91 (1) (e) to be audited—to arrange for the records to be audited by a qualified auditor; and
	(f)	to give financial reports to meetings of the executive committee to allow the committee to monitor the financial performance of the owners corporation; and
	(g)	to prepare and certify the annual financial statements mentioned in section 91 (3).
88	Voting of executive committee 
	(1)	At meetings of an executive committee, all matters must be decided by a majority of the votes of the executive members present and voting.
	(2)	If an executive committee has 2 members, all matters must be decided by unanimous vote.
88A	Decisions about staged development
	(1)	This section applies to a meeting of an executive committee of an owners corporation for a staged development if the development has not been completed.
	(2)	The executive committee must not decide a matter about the uncompleted stages of the development.
88B	Decisions about use of common property
The executive committee of an owners corporation may consent to an application by a member of the corporation to use the common property if—
	(a)	the use applied for is minor; and
	(b)	the use will not unreasonably interfere with the reasonable use and enjoyment of the common property by other members of the corporation.
Example—minor use
installation of airconditioner or awning on unit that extends over common property
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
88C	Decisions about taking legal action
	(1)	This section applies if the executive committee proposes to take legal action.
	(2)	The executive committee of an owners corporation must not take legal action on behalf of the owners corporation unless—
	(a)	the legal action relates to the payment of a contribution under the Act by a member of the corporation to the corporation; or
	(b)	the costs of taking the legal action are reasonably estimated by the corporation’s legal representative to be not more than the amount prescribed by regulation; or
	(c)	the corporation approves taking the legal action by ordinary resolution.
Note	Section 88D allows urgent legal action to be taken.
	(3)	For this section, the executive committee of an owners corporation takes legal action if the committee—
	(a)	begins a proceeding; or
	(b)	begins to defend a proceeding; or
	(c)	continues, or continues to defend, a proceeding.
	(4)	In this section:
costs, of taking legal action, means the legal costs and disbursements incurred by the owners corporation for its legal representation for the legal action.
88D	Taking urgent legal action
	(1)	This section applies if—
	(a)	the executive committee of an owners corporation is satisfied on reasonable grounds that it is necessary to take legal action urgently on behalf of the corporation; and
	(b)	the executive committee cannot reasonably get the corporation’s approval before taking the legal action.
	(2)	The executive committee may take the legal action.
	(3)	However, the executive committee must—
	(a)	seek the approval of the owners corporation as soon as practicable after beginning the legal action; and
	(b)	if the owners corporation does not approve taking the legal action, the executive committee must discontinue the proceeding or withdraw the defence.
	(4)	For this section, the executive committee of an owners corporation takes legal action if the committee—
	(a)	begins a proceeding; or
	(b)	begins to defend a proceeding.
89	Delegation by executive committee
	(1)	An executive committee may delegate its functions to 1 or more executive members.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
	(2)	An owners corporation may, by ordinary resolution, impose conditions or restrictions on its executive committee’s powers of delegation.
90	Contractors and employees
	(1)	An executive committee of an owners corporation may engage or employ people on the terms it considers appropriate to assist in the exercise of the corporation’s functions.
Note	An owners corporation may appoint a manager (see div 5.3A) and service contractors (see div 5.3B).
	(2)	An owners corporation may, by ordinary resolution, impose conditions or restrictions on its executive committee’s power to engage or employ people.
91	Minutes, records and accounts 
	(1)	The executive committee of an owners corporation must—
	(a)	keep minutes of its proceedings; and
	(b)	keep minutes of proceedings at general meetings of the corporation; and
	(c)	include in the minutes of proceedings at general meetings a record of every resolution of the corporation (including, for special, unopposed and unanimous resolutions, details of the kind of resolution) and a copy of any deadlock order; and
	(d)	keep any authorisation by the planning and land authority and a copy of any court order given to the owners corporation; and
	(e)	keep proper records and books of account in relation to—
	(i)	the corporation’s assets and liabilities (including all amounts owing to and by the corporation); and
	(ii)	all amounts received and paid by the corporation; and
	(f)	keep the documents, records and books for at least 5 years.
	(2)	The executive committee may keep the minutes, records or books of account in an electronic form.
	(3)	At each annual general meeting of an owners corporation, the executive committee must present to the corporation annual financial statements in relation to the matters mentioned in subsection (1) (e).
	(4)	Annual financial statements must cover the period from the period for which the last statements were prepared (or, for the first annual general meeting, since the registration of the units plan), to a date no later than 3 months before the date of the annual general meeting at which they are to be presented.
	(5)	If an owners corporation fails to comply with this section, each executive member of the corporation at the time of the failure commits an offence.
Maximum penalty:  20 penalty units.
	(6)	It is a defence to a prosecution for an offence against subsection (4) if the defendant proves that—
	(a)	the defendant took reasonable steps to ensure that the section was complied with; or
	(b)	the failure to comply happened without the defendant’s knowledge.
92	Validity of acts of executive committee 
An act done honestly by an executive committee is not invalid only because at the relevant time there was a defect or irregularity in the appointment or continuance in office of an executive member.
Division 6.2	General meetings
93	Conduct of general meetings 
An owners corporation may hold, adjourn and otherwise regulate general meetings as it considers appropriate, subject to this division.
94	Annual general meetings 
	(1)	An owners corporation must hold an annual general meeting each financial year.
	(2)	Except for the first annual general meeting, an annual general meeting must be held within 15 months after the last annual general meeting.
95	First annual general meeting 
	(1)	The first annual general meeting of an owners corporation must be held within 3 months after the registration of the units plan.
	(2)	The first annual general meeting of an owners corporation may be called by the executive committee of the corporation or by any member of the corporation.
95A	First annual general meeting—developer to deliver records
At the first annual general meeting of an owners corporation, the developer must give the following records to the corporation:
	(a)	the statutory books and records of the corporation, up to the date of the meeting;
	(b)	any insurance policy issued in the name of the corporation;
	(c)	any plans, specifications, diagrams or drawings that relate to the design or service of the units or common property of the units plan for which the corporation is established;
	(d)	a copy of any contract entered into by the corporation that relate to the common property of the units plan;
	(e)	any warranty that relates to the common property of the units plan;
	(f)	the corporation’s seal;
	(g)	any other document that relates to the units or common property of the units plan.
96	General meetings other than annual general meetings 
	(1)	The executive committee of an owners corporation may call a general meeting, by notice under section 97, whenever it considers appropriate.
	(2)	The executive committee of an owners corporation must call a general meeting, by notice under section 97, if it receives a written request, stating the matters to be considered at the meeting, from people who are entitled to vote on all motions for units whose combined unit entitlement is at least 1/4 of the total unit entitlement in the units plan.
97	Notice of general meetings
	(1)	The executive committee of an owners corporation must give notice of a general meeting to—
	(a)	each member of the corporation; and
	(b)	each mortgagee’s representative (if any).
	(2)	The executive committee must give notice of the general meeting—
	(a)	so that the notice would reasonably be expected to be received at least 14 days before the date fixed for the meeting; or
	(b)	if a motion is to be moved that requires an unopposed or unanimous resolution—so that the notice would reasonably be expected to be received at least 21 days before the date fixed for the meeting.
	(3)	A notice of a general meeting for an owners corporation must state—
	(a)	the time, date and place fixed for the meeting; and
	(b)	whether the person notified is entitled to vote on all (or any) motions at the meeting, and if not, why not; and
Note	Section 110 explains who is entitled to vote on which kinds of motion.  For example, if an amount is owing to the corporation in relation to a particular unit at the time of the general meeting, no vote may be cast by the unit owner (or anyone else) for that unit on any motion requiring an ordinary or special resolution.
	(c)	for a member who is not entitled to vote on any motion because a mortgagee voting notice has been given—details of the notice, including the full name and address for correspondence of the mortgagee’s representative (see section 112); and
	(d)	if a motion is to be moved that requires an unopposed or unanimous resolution—the text of the motion and the kind of resolution.
	(4)	For a notice of a general meeting given to a person entitled to vote on any motion, the notice must include—
	(a)	a proxy form approved by the executive committee; and
	(b)	if a motion is to be moved that requires an unopposed or unanimous resolution—an absentee voting paper for the motion in a form approved by the executive committee.
	(5)	For a notice of an annual general meeting, the notice must include a copy of the following:
	(a)	the annual financial statements of the corporation to be presented at the meeting (under section 91 (3));
	(b)	the general funds budget.
98	Defective notice of meetings
	(1)	The proceedings at a general meeting are not invalid only because a person did not receive proper notice of the meeting (under section 97).
	(2)	However, if a person did not receive notice of the meeting in accordance with section 97 (2), the person may make a request for the adjournment of the meeting by written notice to the executive committee before the day or time fixed for the start of the meeting.
	(3)	A request by a person under subsection (2) may be made by someone else on the person’s behalf.
	(4)	If the executive committee receives a request for adjournment under subsection (2), the committee must give the request to the chairperson of the meeting immediately after the chairperson is elected.
	(5)	The chairperson may adjourn the meeting to a time, date and place to be decided (by ordinary resolution) by the people present and entitled to vote on all motions at the meeting if the chairperson considers, on reasonable grounds, that—
	(a)	notice of the meeting in accordance with section 97 (2) was not given to the person by or for whom the request was made; and
	(b)	in the circumstances it would be unfair to allow the meeting to go ahead at present.
99	Quorum at a general meeting—owners corporation with 3 or more members 
	(1)	A motion may be considered at a general meeting of an owners corporation with 3 or more members only if there is present—
	(a)	a quorum (a standard quorum) made up by people entitled to vote (on the motion) in relation to not less than 1/2 the total number of units; or
	(b)	a quorum (a reduced quorum) made up under subsection (2).
	(2)	If a standard quorum is not present within 1/2 an hour after the motion arises for consideration, a reduced quorum for the motion and any subsequent motion considered at the meeting is made up by 2 or more people present at the meeting who are entitled to vote on the motion.
	(3)	If a reduced quorum is not present 1/2 an hour after the motion arises for consideration, the meeting is adjourned to the same day in the next week at the same place and time.
	(4)	If a reduced quorum is present for the consideration of any motion and the motion is voted on, section 100 (Notice of reduced quorum decisions and adjournments) applies to the decision on the motion.
	(5)	If a reduced quorum is present for the consideration of any motion and the motion is not voted on, the meeting may decide to adjourn to the same day in the next week at the same place and time to consider the motion (and any others remaining to be considered).
	(6)	If a general meeting is adjourned under this section (including paragraph (c)) and a standard quorum is not present within 1/2 an hour after a motion arises for consideration at the adjourned meeting—
	(a)	a reduced quorum is made up by the people who are then present and entitled to vote on the motion and any subsequent motion considered at the adjourned meeting; and
	(b)	if a reduced quorum is present for the consideration of any motion at the adjourned meeting, and the motion is voted on—the decision on the motion must be notified under section 100; and
	(c)	if the motion (or any other) is not voted on at the adjourned meeting—the adjourned meeting may resolve to adjourn again to the same day in the next week at the same place and time to consider the resolution (and any others remaining to be considered at the meeting).
100	Notice of reduced quorum decisions and adjournments 
	(1)	If a decision (a reduced quorum decision) is made on a motion while a reduced quorum was present for the consideration of the motion, within 7 days after the meeting the owners corporation must give each person mentioned in section 97 (1) (Notice of general meetings) written notice of the reduced quorum decision.
Note	If a form is approved under s 180 for a notice, the form must be used.
	(2)	Within 4 days after a general meeting is adjourned under section 99, the owners corporation must give each person mentioned in section 97 (1) a written notice of the date, place and time to which the meeting is adjourned.
101	Reduced quorum decisions—effect 
	(1)	A reduced quorum decision takes effect 21 days after the decision was made, subject to this section.
	(2)	Subsection (1) does not apply if the owners corporation fails to give notice of the reduced quorum decision under section 100 (1).
	(3)	A reduced quorum decision is disallowed if, within 21 days after the decision was made, the owners corporation is given a petition requiring that the decision be disallowed signed by a majority of people entitled to vote on the relevant motion at the time of signing (whether or not they were present or entitled to vote on the motion at the general meeting at which the decision was made).
	(4)	If, within 21 days after a reduced quorum decision is made, a motion is passed confirming the reduced quorum decision while a standard quorum is present at a general meeting for consideration of the confirmation motion, the reduced quorum decision takes effect on confirmation, whether or not a petition under subsection (3) is at any time given to the owners corporation.
	(5)	This section does not prevent a reduced quorum decision from being revoked at a general meeting, whether a standard quorum or reduced quorum is present while the revocation motion is being considered.
102	Quorum at a general meeting—owners corporation with 2 members
	(1)	A motion may only be considered at a general meeting of an owners corporation with 2 members if a quorum constituted by all people entitled to vote on the motion is present.
	(2)	If a quorum is not present within 1/2 an hour after the motion arises for consideration, the meeting is adjourned to the same day in the next week at the same place and time.
103	Chairperson at a general meeting 
	(1)	At the beginning of a general meeting, the people present and entitled to vote must elect a person present and entitled to vote as chairperson for the meeting.
	(2)	The chairperson may leave the chair during a meeting for any reason.
	(3)	If the chairperson leaves the chair during a meeting, the people present and entitled to vote must elect another person present and entitled to vote as chairperson.
Division 6.3	Resolutions at general meetings
104	Decision-making at general meetings 
	(1)	Decisions at general meetings must be made by ordinary resolution, unless this Act requires otherwise.
	(2)	If, at a general meeting, an owners corporation makes a resolution of a particular kind (that is, an ordinary, special, unopposed or unanimous resolution), a resolution of the same kind at a general meeting is required to amend or revoke the earlier resolution, unless this Act requires otherwise.
105	Ordinary resolutions 
	(1)	For an owners corporation with more than 2 members, the requirement for passing an ordinary resolution at a general meeting is that—
	(a)	unless a poll is taken—the number of votes cast in favour of the resolution exceed the number of votes cast against it; or
	(b)	on a poll—the voting value of votes cast in favour of the resolution exceed the voting value of the votes cast against it.
	(2)	For an owners corporation with 1 or 2 members, the requirements for passing an ordinary resolution at a general meeting are that—
	(a)	no votes are cast against the resolution; and
	(b)	at least 1 vote is cast in favour of the resolution.
Notes for s (2)—owners corporations with 1 or 2 members
1	If the owners corporation has 2 members, both must be present to make up a quorum for consideration of the resolution (see s 102), unless either is not entitled to vote on the resolution (see s 110).
2	An abstention for any unit does not (in itself) prevent an ordinary resolution from being passed, if at least 1 vote is cast in favour of the resolution.
3	A vote may be cast for a unit on an ordinary resolution even if an amount owing to the owners corporation remains unpaid (see s 110 (3)).
106	Special resolutions 
	(1)	For an owners corporation with more than 2 members, the requirements for passing a special resolution at a general meeting are that—
	(a)	unless a poll is taken—
	(i)	the number of votes cast in favour of the resolution exceed the number of votes cast against it; and
	(ii)	the votes cast against the resolution number less than 1/3 of the total number of votes that can be cast on the resolution by people present at the meeting (including proxy votes); or
	(b)	on a poll—
	(i)	the voting value of votes cast in favour of the resolution exceed the voting value of the votes cast against it; and
	(ii)	the voting value of votes cast against the resolution is less than 1/3 of the voting value of the total number of votes that can be cast on the resolution by people present at the meeting (including proxy votes).
	(2)	For an owners corporation with 1 or 2 members, the requirements for passing a special resolution at a general meeting are that—
	(a)	no votes are cast against the resolution; and
	(b)	at least 1 vote is cast in favour of the resolution.
Notes for s (2)—owners corporations with 1 or 2 members
1	If the owners corporation has 2 members, both must be present to make up a quorum for consideration of the resolution (see s 102), unless either is not entitled to vote on the resolution (see s 110).
2	An abstention for any unit does not (in itself) prevent a special resolution from being passed, if at least 1 vote is cast in favour of the resolution.
3	A vote may be cast for a unit on a special resolution even if an amount owing to the owners corporation remains unpaid (see s 110 (3)).
107	Unopposed resolutions 
The requirements for passing an unopposed resolution at a general meeting are that—
	(a)	no votes are cast against the resolution; and
	(b)	at least 1 vote is cast in favour of the resolution.
Note 1	An abstention for any unit does not (in itself) prevent an unopposed resolution from being passed, if at least 1 vote is cast in favour of the resolution.
Note 2	If the owners corporation has 2 members, both must be present to make up a quorum for consideration of the resolution (see s 102), unless either is not entitled to vote on the resolution (see s 110).
108	Unanimous resolutions
	(1)	For an owners corporation with more than 2 members, the requirements for passing a unanimous resolution at a general meeting are that—
	(a)	each person entitled to vote on the resolution—
	(i)	is present at the meeting; or
	(ii)	has given another person present at the meeting a proxy permitting the person to vote on the resolution; or
	(iii)	has cast an absentee vote on the resolution; and
	(b)	no votes are cast against the resolution; and
	(c)	at least 1 vote is cast in favour of the resolution.
	(2)	For an owners corporation with 1 or 2 members, the requirements for passing a unanimous resolution at a general meeting are that—
	(a)	no votes are cast against the resolution; and
	(b)	at least 1 vote is cast in favour of the resolution.
Note 1	An abstention for any unit does not (in itself) prevent a unanimous resolution from being passed, if at least 1 vote is cast in favour of the resolution.
Note 2	If the owners corporation has 2 members, both must be present to make up a quorum for consideration of the resolution (see s 102), unless either is not entitled to vote on the resolution (see s 110).
109	Evidence of resolutions of owners corporation 
Evidence of the following facts about a resolution of an owners corporation may be given by a certificate sealed with the corporation’s seal:
	(a)	the fact that at a general meeting held on a stated date a resolution in the terms set out in the certificate was passed;
	(b)	the fact that the resolution was an ordinary, special, unopposed or unanimous resolution.
Division 6.4	Voting at general meetings
110	Who is entitled to vote? 
	(1)	The people entitled to vote on a motion at a general meeting of an owners corporation are as follows:
	(a)	for a unit owned by a single individual—the unit owner;
	(b)	for a unit owned by a single company—the company’s representative;
	(c)	for a unit owned by 2 or more people (whether as joint owners or tenants in common)—the unit owners’ representative.
	(2)	However, if a unit is subject to a mortgage and a mortgagee voting notice is in force for the unit, the person entitled to vote for the unit is the mortgagee’s representative rather than the relevant person mentioned in subsection (1).
	(3)	If the owners corporation has 3 or more members, a person is only entitled to vote for a unit on a motion requiring an ordinary or special resolution if all amounts payable to the owners corporation for the unit have been paid.
	(4)	In addition, a person is not entitled to vote on a motion at a general meeting if a deadlock order is made withdrawing that entitlement.
110A	Decisions about staged development
	(1)	This section applies to a motion at a general meeting of an owners corporation for a staged development if the development has not been completed.
	(2)	The people entitled to vote on the motion are as follows:
	(a)	if the motion is only about an uncompleted stage of the development—the people entitled to vote under section 110 in relation to units in the uncompleted stages of the development;
	(b)	if the motion is only about a completed stage of the development—the people entitled to vote under section 110 in relation to units in the completed stages of the development;
	(c)	in any other case—the people entitled to vote under section 110.
111	One vote—1 unit 
A single vote is exercisable for each unit at a general meeting.
112	Voting by mortgagees 
	(1)	If the interest of a unit owner is subject to a mortgage, the mortgagee may give the owners corporation written notice (a mortgagee voting notice) that—
	(a)	the unit is subject to the mortgage; and
	(b)	the mortgagee proposes to exercise the voting right given under section 110 (2); and
	(c)	an individual named in the notice (the mortgagee’s representative) is authorised to vote at general meetings for the unit on behalf of the mortgagee, instead of the person otherwise entitled to vote for the unit.
	(2)	The mortgagee voting notice must state the full name and address for correspondence of the mortgagee’s representative.
	(3)	If a unit is owned by 2 or more people, and the interest of 1 of the owners who has more than a 1/2 share in the unit is subject to a mortgage, the mortgagee may give a mortgagee voting notice under this section.
	(4)	If the interest of a unit owner is subject to 2 or more mortgages, this section applies only to the mortgagee whose mortgage has priority.
113	Mortgagee voting notice—amendment and revocation
	(1)	The mortgagee may change the mortgagee’s representative by written notice to the owners corporation.
	(2)	The notice of change of representative must—
	(a)	include the full name and an address for correspondence of the new representative; and
	(b)	be signed by the mortgagee.
	(3)	The mortgagee’s representative may change the address for correspondence by written notice to the owners corporation of the change.
	(4)	The notice of change of address must be signed by the representative.
	(5)	A mortgagee voting notice—
	(a)	is revoked when the mortgagee gives written notice of revocation to the owners corporation; or
	(b)	is taken to be revoked when the mortgage is discharged.
	(6)	A mortgagee who has given a mortgagee voting notice to an owners corporation must not, without reasonable excuse, fail to give written notice to the corporation of the discharge of the mortgage within 14 days after the discharge.
Maximum penalty (subsection (6)):  5 penalty units.
114	Evidence of mortgagee’s entitlement to vote
Evidence of any of the following facts may be given by a certificate sealed with the owners corporation’s seal:
	(a)	the fact that the authorisation of a named mortgagee’s representative to vote for a stated unit was in force on a stated date;
	(b)	the fact that a stated address for correspondence for a mortgagee’s representative was the latest address for correspondence for the representative notified to the corporation on a stated date;
	(c)	the fact that notice of the revocation of a mortgagee voting notice was given to the owners corporation by a named mortgagee on a stated date;
	(d)	the fact that notice of the discharge of a mortgage was given to the owners corporation on a stated date.
115	Proxy votes 
	(1)	Votes at a general meeting may be cast by proxy (whether or not a poll is demanded).
	(2)	The appointment of a proxy must be in the form approved by the executive committee.
Note	A proxy form must accompany the notice of general meeting (see s 97 (4) (a)).
	(3)	A person entitled to vote at a general meeting of an owners corporation must not—
	(a)	appoint a proxy for more than 1 year after the day the appointment is made; or
	(b)	appoint a person as a proxy if the person is—
	(i)	the manager; or
	(ii)	a service contractor.
115A	Proxy votes—limit on developer
	(1)	This section applies to a developer of a units plan who is appointed as the proxy under a contract for the sale of a unit in the units plan.
	(2)	The developer must not exercise 3 or more proxy votes in a vote on a matter at a general meeting of the owners corporation for the units plan unless—
	(a)	each contract for the sale of a unit in the units plan contains a proxy disclosure statement; and
	(b)	the use of each proxy vote is consistent with the statement; and
	(c)	the matter being voted on relates to development (the development matter) rather than the ordinary operation of the owners corporation.
	(3)	If the developer exercises a proxy vote in contravention of this section, the proxy vote is void.
	(4)	A proxy disclosure statement is a statement that includes the following:
	(a)	if a person is appointed as a proxy—the name of the person;
	(b)	if the proxy is appointed by naming the occupant of a position—the name of the position;
	(c)	the length of time of the appointment;
	(d)	a sufficient description of the development matter for the buyer of a unit to easily identify the matter.
116	Value of votes 
	(1)	Every vote at a general meeting is of equal value, unless a poll is taken.
	(2)	On a poll, the value of each vote (the voting value) is the value that is proportional to the unit entitlement of the unit for which it is exercised.
117	Polls
	(1)	A poll may be demanded on an ordinary or special resolution at a general meeting by anyone present and entitled to vote at the meeting.
	(2)	A demand for a poll may be withdrawn.
	(3)	A poll may be taken in any way the chairperson considers appropriate.
	(4)	The result of a poll—
	(a)	must be declared at the meeting by the chairperson as soon as it is worked out; and
	(b)	decides whether or not the resolution for which the poll was demanded has been carried.
118	Voting by chairperson 
At a general meeting, the chairperson may (whether or not a poll is demanded)—
	(a)	exercise a deliberative vote as a member; and
	(b)	if there is an equality of votes—also exercise a casting vote, unless the owners corporation has only 2 members.
120	Absentee votes—unopposed and unanimous resolutions 
	(1)	A person entitled to vote on a motion requiring an unopposed or unanimous resolution may cast an absentee vote on the motion by recording the vote on an absentee voting paper and giving it to the owners corporation before the meeting begins.
Note	An absentee voting form must accompany the notice of general meeting (see s 97 (4) (b)).
	(2)	The absentee voting paper must be in the form approved by the executive committee.
	(3)	An absentee vote under this section is a valid vote.
	(4)	A person who casts an absentee vote under this section is taken to be present at the general meeting at which the motion is moved (except for the purposes of making up a quorum) and to have voted on the resolution.
121	People under 18 or under other legal disabilities 
	(1)	The right of a person to vote at a general meeting must not be exercised by the person if—
	(a)	the person is under 18 years old; or
	(b)	the person is under any other legal disability preventing the person from dealing with his or her property.
	(2)	The right to vote of an incapacitated person (under subsection (1)) may be exercised—
	(a)	if the person is under 18 years old—by the person’s parent or guardian; or
	(b)	if the person is under any other legal disability—by a person for the time being authorised by law to control the person’s property.
122	Declaration by chairperson of result of voting 
	(1)	A declaration by the chairperson of the meeting that a motion has been passed is conclusive evidence of the fact without proof of the number or proportion of votes recorded against or in favour of the motion.
	(2)	Subsection (1) does not apply if—
	(a)	a poll is demanded; or
	(b)	a unanimous resolution is required.
Division 6.5	Dispute resolution
123	What is an ACAT dispute?
An ACAT dispute is a dispute between someone mentioned in table 123, column 2 and someone mentioned in column 3, if the dispute relates to—
	(a)	an owners corporation; or
	(b)	if something is stated in column 4 in relation to the dispute, the matter mentioned in column 4.
Table 123	ACAT disputes
column 1
item	column 2
person	column 3
person	column 4
matter	
1	an owner or occupier of a unit	an owner or occupier of another unit in the same units plan		
2	an owner or occupier of a unit	an owners corporation	keeping an animal or allowing an animal to be kept	
3	an owners corporation	an owner or occupier of a unit in the units plan		
4	an owners corporation	the manager for the owners corporation		
5	an owners corporation	a service contractor for the owners corporation		
6	an owners corporation	a member of the executive committee of the owners corporation		
7	the executive committee	a member of the executive committee		
8	the owners corporation	a person (the former manager) who was the manager for the owners corporation	the return by the former manager of owners corporation property	
124	Who may apply to the ACAT?
	(1)	A person mentioned in table 123, column 2 of an item may apply to the ACAT for an order in relation to a person mentioned in column 3 of the item if the application relates to an ACAT dispute.
	(2)	A person mentioned in table 123, column 3 of an item may apply to the ACAT for an order in relation to a person mentioned in column 2 of the item if the application relates to an ACAT dispute.
	(3)	A person mentioned in table 123, column 2 or 3 may apply to the ACAT for a declaration in relation to the owners corporation.
Note	Under s 46A, pt 9 and div 10.3, other people may apply to the ACAT.
125	Kinds of ACAT orders
	(1)	The ACAT may make the following orders:
	(a)	an order requiring a party to do, or refrain from doing, a stated thing;
	(b)	an order requiring a party to exercise a function under this Act;
	(c)	an order requiring an owners corporation to do a stated thing that is ancillary to a function of the corporation under this Act;
	(d)	an order requiring a person to pay to the Territory or someone else an amount of not more than $1 000;
	(e)	a declaration—
	(i)	that a general meeting or executive committee meeting is void for irregularity; or
	(ii)	that a resolution of a general meeting or executive committee meeting is void for irregularity; or
	(iii)	that an article of the owners corporation is invalid for irregularity;
	(f)	an order repealing or amending a resolution of a general meeting or executive committee based on a merits review of the resolution by the ACAT;
	(g)	an order giving effect to an unsuccessful motion for a resolution of a general meeting (either as originally proposed or as amended by the ACAT) if the ACAT is satisfied after a merits review of the motion that opposition to the motion was unreasonable;
	(h)	an order requiring stated accounts of an owners corporation to be audited, whether by a stated person or a person of a stated kind;
	(i)	an order allowing an applicant to examine records of the owners corporation;
	(j)	an order requiring an owners corporation to make or repeal an article and register a copy of the resolution making or repealing the article;
	(k)	an order appointing an administrator to exercise all or stated functions of the owners corporation, the executive committee or an executive officer;
	(l)	if the dispute relates to a matter mentioned in table 123, item 2—an order to remove the animal from the unit if—
	(i)	a condition requiring the owners corporation’s consent to keeping the animal is not complied with; or
	(ii)	the animal is causing a nuisance.
	(2)	The ACAT may make any other order it considers reasonably necessary or convenient to resolve an ACAT dispute.
	(3)	This section does not limit the orders the ACAT may make in relation to an ACAT dispute.

Part 7	Owners corporation articles
    
126	What are the articles of an owners corporation?
The articles of an owners corporation consist of the articles (the default articles) prescribed by regulation, as amended by the corporation under section 128.
Note 1	The default articles are in the Unit Titles Regulation 2001, sch 1.
Note 2	If the owners corporation was established under the Unit Titles Act 1970 (which was repealed by this Act), the articles of the corporation as in force immediately before the day this section commenced continue to apply to the corporation, but may be amended in accordance with this Act (eg to adopt any or all of the new default articles)—see s 192 (expired).
127	Effect of articles 
	(1)	There are taken to be agreements under seal between an owners corporation and each of its members, and between each member and each other member, under which the corporation and its members agree to be bound by the articles of the corporation.
	(2)	An occupier of a unit (who is not the owner of the unit) is bound by each article of the corporation as if the occupier were the owner of the unit, unless the articles provide otherwise.
	(3)	If the unit owner does not occupy the unit, the owner is liable separately and together with an occupier of the unit for any breach of the articles of the owners corporation by the occupier, unless the owner establishes that the owner took reasonable precautions and exercised appropriate care to prevent the breach.
	(4)	An occupier of a unit who occupies the unit under a residential tenancy agreement within the meaning of the Residential Tenancies Act 1997 is not bound by any article of the owners corporation to the extent that the article is inconsistent with the prescribed terms (or terms to the effect of the prescribed terms) to which the agreement is subject under that Act, section 8.
128	Amendment of articles 
	(1)	An owners corporation may, by special resolution, amend its articles.
	(2)	An amendment of the articles of an owners corporation takes effect on the registration of a copy of the special resolution making the amendment, certified under the seal of the corporation as a true copy, or from a later date stated in the resolution.
	(3)	An amendment to the articles of an owners corporation has no effect to the extent that it results in the articles—
	(a)	being inconsistent with this Act; or
	(b)	giving a function to the corporation that is not incidental or ancillary to the exercise of its functions under this Act; or
	(c)	prohibiting or restricting any dealing (including devolution, transfer, lease and mortgage) with—
	(i)	an interest in a unit; or
	(ii)	the equitable estate of a unit owner in the common property.
	(4)	In this section:
amendment, of articles, includes variation, rescission, substitution or addition.
129	Breach of articles—article infringement notice
	(1)	This section applies if the executive committee of an owners corporation reasonably believes that—
	(a)	the owner or occupier (the person) of a unit has contravened a provision of the corporation’s articles; and
	(b)	the circumstances of the contravention make it likely that the contravention will continue or be repeated.
	(2)	The owners corporation may, if authorised by an ordinary resolution of the executive committee, give the person a notice (an article infringement notice) requiring the person to remedy the contravention.
Note	If a form is approved under s 180 for this provision, the form must be used.
	(3)	An article infringement notice must state the following:
	(a)	that the owners corporation believes the person is contravening, or has contravened, a provision of the articles; 
	(b)	the provision of the articles the owners corporation believes is, or was, contravened;
	(c)	details sufficient to identify the contravention;
	(d)	if the owners corporation believes the contravention is continuing—the period (which must be reasonable in the circumstances) within which the person must remedy the contravention;
	(e)	if the owners corporation believes the contravention is likely to be repeated—that the person must not repeat the contravention;
	(f)	if the person does not comply with the notice—
	(i)	the person commits an offence; and
	(ii)	the owners corporation may, without further notice, apply to the ACAT for an order in relation to the failure to comply with the notice.
	(4)	If an article infringement notice is given to a person following a request under section 129B, the owners corporation must, not later than 14 days after the day the request was received, tell the person who made the request that the notice has been given.
129A	Breach of articles—failure to comply with article infringement notice
	(1)	A person commits an offence if the person—
	(a)	is given an article infringement notice under section 129; and
	(b)	does not comply with the notice.
Maximum penalty:  5 penalty units.
	(2)	However, the person does not commit an offence under this section if, when the article infringement notice is given to the person, the person is not contravening, or has not contravened, the provision mentioned in the notice in the way detailed for section 129 (3) (c).
129B	Breach of articles—request for article infringement notice 
	(1)	This section applies if—
	(a)	a dispute exists between the owner or occupier of a unit in a units plan (the complainant) and the owner or occupier of another unit in the units plan (the accused person); and
	(b)	the dispute arises because the complainant reasonably believes that—
	(i)	the accused person has contravened a provision of the corporation’s articles; and
	(ii)	the circumstances of the contravention make it likely that contravention will continue or be repeated.
	(2)	The complainant may ask the owners corporation to give the accused person an article infringement notice for the contravention.
130	Application of Legislation Act
	(1)	The Legislation Act applies to the articles of an owners corporation as if the articles were an Act and as if each article were a section of an Act.
	(2)	Terms used in the articles of an owners corporation have the same meaning as in this Act, unless the contrary intention appears.

Part 7A	Implied warranties
130A	Meaning of implied warranties—pt 7A
In this part:
implied warranties—see section 130D.
130B	Purpose—pt 7A
This part—
	(a)	sets out warranties that are taken to be part of a contract for the sale of a unit; and
	(b)	provides a right to cancel a contract for the sale of a unit.
130C	Implied warranties and right to cancel—effect
	(1)	The implied warranties and the right to cancel a contract for sale under this part have effect despite anything in the contract or in any other contract or arrangement.
	(2)	The right to cancel a contract for sale under this part is in addition to, and does not limit, any other remedy available to the buyer of a unit for a breach of warranty established under this part.
130D	Implied warranties
	(1)	The warranties (the implied warranties) in this section are taken to be part of a contract for the sale of a unit.
	(2)	The seller of a unit warrants that, at the date of the contract—
	(a)	to the seller’s knowledge, there are no unfunded latent or patent defects in the common property or owners corporation assets, other than the following:
	(i)	defects arising through fair wear and tear;
	(ii)	defects disclosed in the contract; and
	(b)	the owners corporation records do not disclose any defects to which the warranty in paragraph (a) applies; and
	(c)	to the seller’s knowledge, there are no actual, contingent or expected unfunded liabilities of the owners corporation that are not part of the corporation’s normal operating expenses, other than liabilities disclosed in the contract; and
	(d)	the owners corporation records do not disclose any liabilities of the corporation to which the warranty in paragraph (c) applies.
	(3)	The seller warrants that, at the completion of the contract, to the seller’s knowledge, there are no circumstances (other than circumstances disclosed in the contract) in relation to the affairs of the owners corporation likely to materially prejudice the buyer.
	(4)	For subsection (2), a seller is taken to have knowledge of a thing if the seller has actual knowledge, or ought reasonably to have knowledge, of the thing.
130E	Cancellation of contract
	(1)	The buyer of a unit may, by written notice given to the seller, cancel the contract for the sale of the unit if there would be a breach of an implied warranty were the contract completed at the time it is cancelled.
	(2)	A notice under this section must be given—
	(a)	if the contract for the unit is entered before the units plan for the unit is registered—not later than 3 days before the buyer is required to complete the contract; or
	(b)	in any other case—not later than 14 days after the later of the following happens:
	(i)	the buyer and seller exchange contracts;
	(ii)	another period agreed between the buyer and seller ends.
	(3)	If the buyer cancels the contract, the seller must repay any amount paid to the seller towards the purchase of the unit.
130F	Claim for compensation
	(1)	This section applies if, before completion of a contract for the sale of a unit, the buyer reasonably believes there would be a breach of a warranty established under this part were the contract to be completed.
	(2)	The buyer may, by written notice given to the seller—
	(a)	tell the seller—
	(i)	about the breach; and
	(ii)	that the buyer will complete the contract; and
	(b)	claim compensation for the breach.
	(3)	A notice under this section must be given—
	(a)	if the contract for the unit is entered before the units plan for the unit is registered—not later than 3 days before the buyer is required to complete the contract; or
	(b)	in any other case—not later than 14 days after the later of the following happens:
	(i)	the buyer’s copy of the contract is received by the buyer;
	(ii)	another period agreed between the buyer and seller ends.

Part 8	Insurance
    
131	Public liability insurance by owners corporation 
	(1)	An owners corporation must take out and maintain public liability insurance in relation to all of the following events happening in relation to the common property as a result of an accident:
	(a)	death, bodily injury or illness of anyone;
	(b)	loss of, or damage to, the property of anyone.
	(2)	Public liability insurance under subsection (1) must be for a total amount of liability of not less than an amount prescribed by regulation.
Note	The owners corporation must produce its insurance policies for inspection at the request of an eligible person (see s 74).
132	Building insurance by owners corporation 
	(1)	An owners corporation must insure and keep insured all buildings on the parcel for their replacement value from time to time against all of 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;
	(e)	impact of aircraft (including parts of, and objects falling from, aircraft) and of road vehicles, horses and cattle.
	(2)	For all purposes related to any insurance taken out by it under subsection (1), an owners corporation is taken to have an insurable interest in the buildings on the parcel to the extent of their replacement value.
Note	The owners corporation must produce its insurance policies for inspection at the request of an eligible person (see s 74).
	(3)	In this section:
parcel, for a staged development, means the whole of the land in the completed stages of the development.
133	Exemptions from building insurance requirements 
	(1)	If the replacement value of all common property buildings (or parts of buildings) on the parcel is less than an amount prescribed by regulation, the owners corporation may, by unanimous resolution, exempt itself from the requirement to take out building insurance (under section 132) for any risk stated in the exemption resolution.
	(2)	An owners corporation for a units plan containing only class B units may, by unanimous resolution, exempt itself from the requirement to take out building insurance for any risk stated in the exemption resolution for all buildings (or parts of buildings) that are on the class B units.
	(3)	An exemption resolution under this section has effect from the date of the annual general meeting when it is passed until the date of the next annual general meeting.
134	Mortgage insurance of unit 
If the interest of a unit owner is subject to a mortgage, the owner may take out 1 or more policies of insurance (a mortgage insurance policy) for indemnity against liability under the mortgage arising out of damage to, or destruction of, the unit.
135	Payment under mortgage insurance policies 
	(1)	If a mortgage insurance policy is in force for a unit, the insurer is liable to pay to a mortgagee whose interest is noted on the policy the least of the following amounts:
	(a)	the amount insured as stated in the policy;
	(b)	the amount of the loss;
	(c)	the amount sufficient, at the date of the loss, to discharge the mortgage noted on the policy.
	(2)	If the interests of 2 or more mortgagees are noted on the policy, subsection (1) applies to the mortgagees in their order of registered priority.
136	Transfer of mortgagee’s interest to insurer 
	(1)	Payment by the insurer to a mortgagee under section 135 does not entitle the unit owner to a discharge of the mortgage.
	(2)	On payment by the insurer to a mortgagee under section 135—
	(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 interest in the mortgage that bears to that interest the same proportion as the amount paid bears to the amount that was owing under the mortgage immediately before the payment.
137	Application of insurance money by owners corporation 
	(1)	If an owners corporation receives insurance money for damage to, or destruction of, any building on the parcel, the corporation must, without delay, apply the insurance money to rebuilding and reinstating the building.
	(2)	Subsection (1) applies subject to this Act and any order of a court.
Example for s (2)
If it is necessary to obtain building damage orders from the ACAT approving a building damage scheme for rebuilding and reinstating the building (see div 10.3), the owners corporation may not apply the insurance money to the rebuilding and reinstating before obtaining the orders.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
138	Additional insurance—owners corporation 
This part does not limit the right of an owners corporation to take out additional insurance.
139	Additional insurance—unit owners 
This part does not limit the right of a unit owner to insure against damage to, or destruction of, the unit to the extent of its replacement value.

Part 9	Administrators
Division 9.1	Interested parties
140	Who may apply for an administration order?
Any of the following people (an interested party) may apply to the ACAT for an order under division 9.2 (an administration order) in relation to the administration of an owners corporation:
	(a)	the corporation;
	(b)	a creditor of the corporation;
	(c)	a unit owner, or anyone else with an interest in a unit, or the common property, that is recorded in the corporate register;
	(d)	the director‑general, on behalf of the Territory.
141	ACAT appearances and service of applications
	(1)	An interested party has a right to appear on an application by another interested party for an administration order.
	(2)	The applicant must serve a copy of the application on every other interested party, except the creditors (or the other creditors) of the owners corporation and the director‑general.
Note	The applicant may serve the application on an interested person at the person’s address for correspondence shown on the corporate register.  Other forms of service are also permitted.  See s 80.
	(3)	The owners corporation must serve all its creditors with a copy of the application—
	(a)	if the owners corporation is the applicant—after making the application; or
	(b)	in any other case—on being served with a copy of the application.
	(4)	An interested party may be represented by a lawyer or someone else.
	(5)	The registrar of the ACAT must give a copy of an application to the director‑general, unless the director‑general is the applicant.
Division 9.2	Appointment, removal and functions 
142	Appointment of administrator 
	(1)	On an application by an interested party, the ACAT may, by order, appoint the person named in the application to be administrator of the owners corporation on the terms about remuneration and anything else it considers appropriate.
Note 	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
	(2)	The ACAT may make an order appointing an administrator only if satisfied that the administrator consents to the order.
	(3)	In an order appointing an administrator, the ACAT may give any directions it considers appropriate for giving notice of the order to the administrator, the registrar-general and the owners corporation.
	(4)	The remuneration of an administrator of an owners corporation and the expenses incurred in the exercise of the administrator’s functions under this Act are taken to be expenditure incurred by the corporation.
143	Removal or replacement of administrator 
	(1)	On an application by an interested party, the ACAT may, by order, remove or replace an administrator.
	(2)	In an order removing or replacing an administrator, the ACAT may give any directions it considers appropriate for giving notice of the order to the registrar-general and the owners corporation.
144	Functions of administrator 
	(1)	The administrator of an owners corporation has all the functions of the corporation to the exclusion of the corporation and its executive committee.
	(2)	However, an order of the ACAT under subsection (3) is required for an administrator to do anything that is required by this Act to be authorised by an unopposed or unanimous resolution.
	(3)	On application by an interested party, the ACAT may make any order it considers appropriate about the exercise of the administrator’s functions (including, for example, an order mentioned in subsection (2)).
145	Delegation by administrator
The administrator of an owners corporation may delegate the administrator’s functions to anyone else.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4 .

Part 10	Amendment of units plans
Division 10.1	Amendment of schedule of unit entitlement
146	Unit entitlement authority—grant
	(1)	An owners corporation may apply to the planning and land authority for authority (a unit entitlement authority) for the amendment of the schedule of unit entitlement.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
	(2)	The planning and land authority may, by written notice to the owners corporation, grant a unit entitlement authority if satisfied on reasonable grounds that—
	(a)	the application is authorised by a special resolution of the owners corporation made within 3 months before the day the application is made; and
	(b)	the amendment is necessary to reflect accurately the current relative improved values of the units, or a change in those values that is anticipated after a particular event happens.
	(3)	The planning and land authority may grant a unit entitlement authority subject to the condition that it is to take effect only when a stated event happens.
	(4)	If the owners corporation applies for a unit entitlement authority that is to remain in force for longer than 3 months, the planning and land authority may, in authorising the unit entitlement amendment, if satisfied that an extended period is justified—
	(a)	allow the extended period applied for; or
	(b)	allow a shorter extended period.
147	Unit entitlement authorities—period of effect 
	(1)	A unit entitlement authority remains in force for—
	(a)	3 months after it is given, or after an event stated in the authority happens; or
	(b)	any extended period allowed under section 146 (4).
	(2)	A unit entitlement authority must state the period for which it is in force.
148	Unit entitlement authorities—registration 
On the registration of a unit entitlement authority, the units plan is amended accordingly.
Note	A unit entitlement authority may be registered with the registrar‑general under the Land Titles (Unit Titles) Act 1970 on lodgment by the owners corporation within the period of effect of the authority (see dict, def registered).
Division 10.2	Minor boundary changes
149	Boundary authority—grant
	(1)	An owners corporation may apply to the planning and land authority for authority (a boundary authority) for the change of any unit or common property boundaries, together with any consequential amendment of the schedule of unit entitlement.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
	(2)	The planning and land authority may grant a boundary authority if satisfied on reasonable grounds that—
	(a)	the application is authorised by a unanimous resolution of the owners corporation made within 3 months before the application is made; and
	(b)	the corporation has obtained the written agreement of each interested nonvoter (except any interested nonvoter to whom subsection (3) applies); and
	(c)	the authorised boundary change is a minor boundary change; and
Note	A minor boundary change is a change to the boundaries of the units or the common property that is described in s 16.
	(d)	if an amendment of the schedule of unit entitlement is authorised—the amendment is necessary to reflect accurately a change in the relative improved values of the units because of the change of boundaries as authorised.
	(3)	The planning and land authority may grant a boundary authority despite the owners corporation’s failure to obtain an interested nonvoter’s agreement if the planning and land authority is satisfied on reasonable grounds that—
	(a)	the corporation has made reasonable efforts to obtain the agreement; and
	(b)	either—
	(i)	the interested nonvoter would not suffer any substantial long-term detriment because of the proposed change; or
	(ii)	despite that failure, it is desirable to authorise the change having regard to the overall interests of everyone with interests in the units and the common property.
	(4)	If the owners corporation applies for a boundary authority that is to remain in force for longer than 3 months, the planning and land authority may, in authorising the change, if satisfied that an extended period is justified—
	(a)	allow the extended period applied for; or
	(b)	allow a shorter extended period.
150	Boundary authority—period of effect 
	(1)	A boundary authority remains in force for—
	(a)	3 months after it is given; or
	(b)	any extended period allowed under section 149 (4).
	(2)	A boundary authority must state the period for which it is in force.
151	Boundary authorities—registration 
	(1)	On the registration of a boundary authority—
	(a)	the units plan is amended accordingly; and
	(b)	the land covered by each affected lease is the area of land indicated by the boundaries as changed.
Note	A unit entitlement authority may be registered with the registrar-general under the Land Titles (Unit Titles) Act 1970 on lodgment by the owners corporation within the period of effect of the authority (see dict, def registered).
	(2)	A change of unit or common property boundaries under this section is not a variation of a lease for the Planning and Development Act 2007, chapter 7 (Development approvals).
Division 10.3	Building damage schemes
152	What is a building damage scheme?
A building damage scheme for a units plan is a scheme for—
	(a)	the reinstatement of any building on the parcel that is damaged or destroyed; and
	(b)	the elimination of any class A unit that is damaged or destroyed (unless the unit is to be reinstated); and
	(c)	the consequential amendment of the units plan; and
	(d)	the application of any insurance amount paid (or payable) for the damage or destruction to any building on the parcel; and
	(e)	the payment of compensation (or other money) to the owner of any unit, and anyone else who may be adversely affected by the scheme.
153	Building damage orders—right of appearance 
	(1)	The following have a right to appear on an application for a provisional building damage order or a final building damage order:
	(a)	the owners corporation;
	(b)	a unit owner, or another person with an interest in a unit, or the common property, that is recorded on the corporate register;
	(c)	an insurer who has insured a building on the parcel for section 132;
	(d)	the director‑general, on behalf of the Territory.
Note	A unit owner or the owners corporation may apply for a provisional building damage order (see s 154 (2)).  The applicant for a provisional building damage order may apply for a final building damage order (see s 157 (2)).
	(2)	The applicant must serve a copy of the application on everyone else who has a right to appear, except the director‑general.
Note	The applicant may serve the application on a person who has a right to appear at the person’s address for correspondence shown on the corporate register.  Other forms of service are also permitted.  See s 80.
	(3)	A person who has a right to appear may be represented by a lawyer or someone else.
	(4)	The registrar of the ACAT must give a copy of an application to the director‑general.
154	Provisional building damage order—application 
	(1)	This section applies if—
	(a)	after the registration of a units plan, a building on the parcel is damaged or destroyed, unless the damage or destruction happens in the course of the demolition or development of the building; and
	(b)	the planning and land authority has given—
	(i)	a development approval under the Planning and Development Act 2007, chapter 7 for a development consisting of the reinstatement or elimination of any unit or building (or part of a unit or building) on the parcel (a unit redevelopment); or
	(ii)	if the unit redevelopment is exempt from the requirement to obtain development approval under the Planning and Development Act 2007, chapter 7—a certificate under subsection (4); and
	(c)	a cancellation authority or cancellation order for the units plan is not in force; and
	(d)	an application for a cancellation authority or cancellation order for the units plan is not pending.
	(2)	If this section applies, the owners corporation authorised by an ordinary resolution, or a unit owner, may apply to the ACAT for an order (a provisional building damage order) approving a building damage scheme incorporating the unit redevelopment.
	(3)	The application must be accompanied by—
	(a)	the proposed building damage scheme; and
	(b)	as the case requires—
	(i)	a copy of the development approval mentioned in subsection (1) (b) (i), certified by the planning and land authority as a true copy; or
	(ii)	a copy of the certificate mentioned in subsection (1) (b) (ii).
	(4)	On application by the applicant for the provisional damage order, if the planning and land authority is satisfied that approval under this Act or any other relevant territory law for the unit redevelopment would still have been given if the proposals for the subdivision of the parcel under this Act, or any other relevant development proposals, had shown the units plan as it is proposed to be altered by the unit redevelopment, the authority must give the applicant a certificate to that effect.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
155	Provisional building damage order—approval of scheme 
	(1)	The ACAT may make a provisional building damage order on application under section 154 if satisfied that—
	(a)	the damage or destruction to the building did not happen in the course of the development or demolition of the building; and
	(b)	the planning and land authority has given the development approval or certificate mentioned in section 154 (1) (b); and
	(c)	it is just and equitable to do so.
	(2)	The certified copy of the development approval accompanying the application (see section 154 (3) (b)) is evidence that the planning and land authority has given the relevant approval.
	(3)	The ACAT may make any ancillary order necessary or convenient for giving effect to a provisional building damage order.
156	Provisional building damage order—period of effect
A provisional building damage order, or any ancillary order, remains in force for—
	(a)	the period (not longer than 3 months) stated in the order; or
	(b)	an extended or further extended period stated in an ACAT order for extension made on application by the applicant for the provisional building damage order while the provisional building damage order (or the ancillary order) is in force.
157	Final building damage order—amendment of units plan 
	(1)	This section applies while a provisional building damage order approving a building damage scheme is in force.
	(2)	On application by the applicant for the provisional building damage order, the ACAT may make an order (a final building damage order) authorising the amendment of the units plan in accordance with the building damage scheme approved under the provisional building damage order.
	(3)	The ACAT may make a final building damage order only if satisfied that—
	(a)	the approved building damage scheme has been carried out as far as practicable; and
	(b)	any order ancillary to the provisional building damage order has been complied with.
	(4)	The ACAT may make any ancillary order necessary or convenient for giving effect to a final building damage order.
158	Final building damage order—period of effect
A final building damage order, or any ancillary order, remains in force for—
	(a)	the period (not longer than 3 months) stated in the order; or
	(b)	an extended or further extended period stated in an ACAT order for extension made on application by the applicant for the final building damage order while the final building damage order (or the ancillary order) is in force.
159	Final building damage order—registration 
	(1)	On the registration of a final building damage order—
	(a)	the units plan is amended in accordance with the approved building damage scheme; and
	(b)	if unit or common property boundaries are changed—the land covered by each affected lease is the area of land indicated by the boundaries as changed.
	(2)	In addition, on the registration of a final building damage order authorising the elimination of a unit—
	(a)	the lease of the eliminated unit ends; and
	(b)	the land covered by the lease of the unit immediately before the registration of the order is included in the land covered by the lease of the common property.
	(3)	A change of unit or common property boundaries under this section is not a variation of a lease for the Planning and Development Act 2007, chapter 7 (Development approvals).

Part 11	Cancellation of units plans
Division 11.1	Cancellation authority
160	Cancellation authority—grant by planning and land authority
	(1)	An owners corporation may apply to the planning and land authority for authority (a cancellation authority) for the cancellation of the units plan.
Note 1	A fee may be determined under s 179 for this section.
Note 2	If a form is approved under s 180 for an application, the form must be used.
	(2)	On application for a cancellation authority, the planning and land authority may—
	(a)	grant the cancellation authority; or
	(b)	refuse to grant the cancellation authority.
	(3)	The planning and land authority may grant a cancellation authority only if satisfied that—
	(a)	the application is supported by a unanimous resolution of the corporation made within 3 months before the application is made; and
	(b)	the corporation has obtained the written agreement of each interested nonvoter (except any interested nonvoter to whom subsection (4) applies).
	(4)	The planning and land authority may grant a cancellation authority despite the owners corporation’s failure to obtain an interested nonvoter’s agreement if the planning and land authority is satisfied on reasonable grounds that—
	(a)	the corporation has made reasonable efforts to obtain the agreement; and
	(b)	either—
	(i)	the interested nonvoter would not suffer any substantial long-term detriment because of the proposed cancellation; or
	(ii)	despite that failure, it is desirable to authorise the cancellation having regard to the overall interests of everyone with interests in the units and the common property.
	(5)	If the owners corporation applies for a cancellation authority that is to remain in force for longer than 3 months, the planning and land authority may, in authorising cancellation, if satisfied that an extended period is justified—
	(a)	allow the extended period applied for; or
	(b)	allow a shorter extended period.
	(6)	A cancellation authority must include a declaration of the provisions that are to govern the new lease arising under section 162 if the planning and land authority considers on reasonable grounds that it is desirable to do so to take account of any variation of a lease of any unit, or of the common property, made (or applied for) since the units plan was registered.
161	Cancellation authority—period of effect
	(1)	A  cancellation authority remains in force for—
	(a)	3 months after it is given; or
	(b)	any period allowed under section 160 (5).
	(2)	A cancellation authority must state the period for which it is in force.
Division 11.2	Cancellation orders
161A	Cancellation orders—Supreme Court powers
	(1)	An owners corporation may apply to the Supreme Court for an order (a cancellation order) authorising the cancellation of the units plan.
	(2)	On an application for a cancellation order, the Supreme Court may—
	(a)	make a cancellation order; or
	(b)	make a provisional cancellation order under section 161B; or
	(c)	dismiss the application.
	(3)	The Supreme Court may make a cancellation order only if satisfied that it is just and equitable to make the order (including any directions, or a declaration, mentioned in subsection (4)) having regard to the interests of everyone with interests in the units.
	(4)	A cancellation order may include either or both of the following:
	(a)	directions to be complied with after cancellation of the units plan;
	(b)	a declaration of the provisions that are to govern the new lease arising under section 162 to take account of any variation of a lease of any unit, or the common property, made or applied for since the units plan was registered.
	(5)	A direction mentioned in subsection (4) (a) may be enforced as if it were a judgment of the Supreme Court obtained by someone for whose benefit the direction was given against the person required to comply with the direction.
	(6)	A cancellation order remains in force for the period stated in the order.
161B	Cancellation orders—provisional orders
	(1)	On an application for a cancellation order for a units plan, the Supreme Court may make a provisional cancellation order for the units plan imposing conditions or giving directions (or both) to be complied with before the court makes a cancellation order.
	(2)	The Supreme Court may make a provisional cancellation order for a units plan only if satisfied that—
	(a)	it is necessary for either or both of the following purposes:
	(i)	to protect the interests of the Territory;
	(ii)	to adjust the rights and duties of everyone who has registered interests in the units, between each other, to the extent that the rights and duties may be affected by the cancellation of the units plan; and
	(b)	it is just and equitable to make the order having regard to the interests of everyone with interests in the units.
	(3)	A provisional cancellation order remains in force for the period stated in the order.
161C	Cancellation orders—after provisional order is made
	(1)	This section applies if—
	(a)	the Supreme Court makes a provisional cancellation order for a units plan on an application under section 161A; and
	(b)	the owners corporation subsequently applies for a cancellation order under that section.
	(2)	The Supreme Court may make a cancellation order under section 161A if satisfied that the conditions and directions stated in the provisional cancellation order have been complied with.
161D	Cancellation orders—right of appearance
	(1)	The following have a right to appear on an application for a cancellation order for a units plan:
	(a)	the owners corporation;
	(b)	a unit owner;
	(c)	someone else with an interest in a unit, or the common property, that is recorded on the corporate register;
	(d)	an insurer who has insured a building on the parcel for section 132 (Building insurance by owners corporation);
	(e)	the director‑general, for the Territory.
	(2)	An owners corporation that applies for a cancellation order must serve a copy of the application on everyone else who has a right to appear, except the director‑general.
Note	The applicant may serve the application on a person who has a right to appear at the person’s address for correspondence shown on the corporate register.  Other forms of service are also permitted.  See s 80.
	(3)	A person who has a right to appear may be represented by a lawyer or someone else.
	(4)	The registrar of the Supreme Court must give a copy of an application for a cancellation order to the director‑general.
Division 11.3	Effects of cancellation 
162	Cancellation of units plan—effects
On the registration of a cancellation authority or cancellation order—
	(a)	the units plan is cancelled; and
	(b)	the owners corporation is dissolved (see section 164); and
	(c)	the lease of the common property and the lease of each of the units end; and
	(d)	the land covered by those leases forms 1 parcel of land; and
	(e)	a new lease arises over that parcel in the terms provided by section 163.
163	Cancellation of units plan—new lease over parcel
	(1)	The new lease arising under section 162 (e)—
	(a)	is held by—
	(i)	the owners of the units immediately before registration of the authority as tenants in common in shares proportional to their former unit entitlement; or
	(ii)	if there was a single owner of all the units immediately before the registration of the authority—by the owner; and
	(b)	expires on the day 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 lease of the parcel was subject immediately before the registration of the units plan, subject to any declaration of the planning and land authority under section 160 (6) (Cancellation authority—grant by planning and land authority) or any declaration of the Supreme Court under section 161A (4) (b) (Cancellation orders—Supreme Court powers).
	(2)	If immediately before the registration of the authority, 2 or more people were the owners of a unit, 2 or more units or all the units (whether as joint tenants or tenants in common), the share in the estate, or the whole estate, vests in them under subsection (1) (a)—
	(a)	if they were joint tenants—jointly; or
	(b)	if they were tenants in common—as tenants in common in shares proportional to their former shares in the unit or units.
	(3)	The share in the estate that vests in a person under subsection (1) (a) is subject to any mortgage and easement mentioned in the Land Titles (Unit Titles) Act 1970, section 17.
164	Dissolution of owners corporation 
	(1)	On the dissolution of an owners corporation (on cancellation of the units plan)—
	(a)	all rights (at law or in equity) of the corporation immediately before the dissolution vest in the former members as tenants in common in shares proportional to their unit entitlement immediately before the dissolution; and
	(b)	the former members are liable separately and together for all the liabilities of the corporation existing immediately before dissolution.
	(2)	For subsection (1), a reference in a document to an owners corporation that has been dissolved is taken to be a reference to the former members.
Example of a document
A contract signed by the owners corporation before the dissolution under which the corporation owes, or is owed, an amount.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The operation of subsection (1) on the owners corporation may be varied by cancellation dissolution order (under section 165).
165	Dissolution of owners corporation—Supreme Court powers 
	(1)	On an application by an owners corporation authorised by an ordinary resolution, or a person with an interest in a unit, the Supreme Court may, if it considers that it is just and equitable to do so—
	(a)	by order (a cancellation dissolution order), vary the operation of section 164 (1) (Dissolution of owners corporation) on the corporation and its members; and
	(b)	make any orders that are necessary or convenient for giving effect to the cancellation dissolution order.
	(2)	The application may only be made before the units plan is cancelled (on registration of the cancellation authority).
	(3)	The following have a right to appear on the application:
	(a)	the owners corporation;
	(b)	a unit owner;
	(c)	someone else with an interest in a unit, or the common property, that is recorded on the corporate register;
	(d)	an insurer who has insured a building on the parcel for section 132;
	(e)	the director‑general, on behalf of the Territory.
	(4)	The applicant must serve a copy of the application on everyone else who has a right to appear, except the director‑general.
Note	The applicant may serve the application on a person who has a right to appear at the person’s address for correspondence shown on the corporate register.  Other forms of service are also permitted.  See s 80.
	(5)	A person who has a right to appear may be represented by a lawyer or someone else.
	(6)	The registrar of the Supreme Court must give a copy of the application to the director‑general.

Part 11A	Changing 2-unit units plans to subdivisions
    
165A	Application—pt 11A
This part applies to a units plan with only 2 units.
165B	Subdivision of units plan—application
	(1)	An owners corporation to which this part applies may, on behalf of the members of the corporation, apply for development approval under the Planning and Development Act 2007 to subdivide the parcel of land covered by the leases of the units and common property into 2 parcels in accordance with a subdivision plan.
	(2)	The Planning and Development Act 2007, chapter 11 applies to the owners corporation as if the corporation were the lessee of the parcel of land.
Note	A development approval for the subdivision of a units plan must be conditional on the units plan being cancelled (see Planning and Development Act 2007, s 165 (2) (b)).

Part 12	Variation of unit leases
    
166	Development applications to vary lease under Planning and Development Act 
	(1)	An application for development approval for the variation of a unit or common property lease may be made under the Planning and Development Act 2007, chapter 7 (Development approvals) only if—
	(a)	all members of the owners corporation have been given notice of the proposed application under subsection (2); and
	(b)	the application is authorised by unopposed resolution; and
	(c)	a certificate under the corporation’s seal is provided confirming that the requirements mentioned in paragraphs (a) and (b) have been met.
	(2)	The notice of general meeting including notice of the motion to authorisation the application must set out—
	(a)	details of the variation sought; and
	(b)	the implications of the proposed variation for the unit entitlement and property interests of the members.
	(3)	If an application for development approval for the variation of a unit lease or common property lease is approved under the Planning and Development Act 2007, chapter 7, the planning and land authority must give each member of the owners corporation written notice of the approval stating the date the approval is to take effect.
167	Lease variation—amendment of schedule of unit entitlement
	(1)	On the variation of the lease of a unit, the planning and land authority may, by written notice to the registrar-general, direct that the schedule of unit entitlement be amended if the authority considers it necessary to do so to reflect accurately any change in the relative improved values of the units because of the variation.
	(2)	On the registration of the planning and land authority’s direction to amend the schedule of unit entitlement, the units plan is amended accordingly.

Part 13	Expiry and termination of unit leases
    
168	Effects of lease expiry
	(1)	On the expiry of the terms of the leases of the units and the common property in a units plan (as extended, if at all, under the Unit Titles Act 1970, section 108)—
	(a)	the units plan is cancelled; and
	(b)	the owners corporation is dissolved; and
	(c)	for each unit, the Territory is liable to pay a share of the value of the buildings on the parcel (on the date of expiry) proportional to the unit entitlement of the unit immediately before the expiry.
	(2)	The Territory is liable to pay the amount mentioned in subsection (1) (c) for a unit—
	(a)	to the person who owned the unit immediately before the expiry of the leases; or
	(b)	if the unit was owned by 2 or more people immediately before the expiry of the leases—to each co-owner in proportion to the co-owner’s former share in the unit.
	(3)	On the dissolution of an owners corporation under subsection (1)—
	(a)	all rights (at law or in equity) vested in the corporation immediately before the expiry are vested in the former members as tenants in common in shares proportional to their former unit entitlement; and
	(b)	the former members are liable separately and together for all the liabilities of the corporation existing immediately before the dissolution.
	(4)	For subsection (1), a reference in a document to an owners corporation that has been dissolved is taken to be a reference to the former members.
Example of a document
A contract signed by the owners corporation before the dissolution under which the corporation owes, or is owed, an amount.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(5)	The operation of subsection (3) on the owners corporation may be varied by expiry dissolution order (under section 169).
169	Dissolution of owners corporation on lease expiry—Supreme Court powers
	(1)	On an application by an owners corporation authorised by an ordinary resolution, or a person with an interest in a unit, the Supreme Court may, if it considers that it is just and equitable to do so—
	(a)	by order (an expiry dissolution order), vary the operation of section 168 (3) (Effects of lease expiry) on the corporation and its members; and
	(b)	make any orders that are necessary or convenient for giving effect to the expiry dissolution order.
	(2)	The application may only be made before the dissolution of the owners corporation (on the expiry of the terms of the leases and common property).
	(3)	The following have a right to appear on an application:
	(a)	the owners corporation;
	(b)	a unit owner;
	(c)	someone else with an interest in a unit, or the common property, that is recorded on the corporate register;
	(d)	an insurer who has insured a building on the parcel for section 132;
	(e)	the director‑general, on behalf of the Territory.
	(4)	The applicant must serve a copy of the application on everyone else who has a right to appear, except the director‑general.
Note	The applicant may serve the application on a person who has a right to appear at the person’s address for correspondence shown on the corporate register.  Other forms of service are also permitted.  See s 80.
	(5)	A person who has a right to appear may be represented by a lawyer or someone else.
	(6)	The registrar of the Supreme Court must give a copy of the application to the director‑general.
170	Effect of termination of unit lease 
	(1)	If the registrar-general, under the Land Titles (Unit Titles) Act 1970, section 23, enters on a units plan a memorial of the termination of the lease of a unit—
	(a)	the interest of the lessee in the unit ends; and
	(b)	the land that was, immediately before the endorsement, covered by the lease continues to be a unit despite the termination; and
	(c)	the unit entitlement of the unit is omitted from the schedule of unit entitlement; and
	(d)	the unit entitlement of each other unit is increased in proportion (so that the total unit entitlement remains unchanged).
	(2)	After the termination of the lease of a unit and until a further lease of that unit is granted—
	(a)	the easements given by section 35 continue, as they benefit or burden the unit; and
	(b)	any easement declared under section 36 in effect at the time of termination continues, as it benefits or burdens the unit; and
	(c)	all those easements are enforceable by and against the planning and land authority as if the authority were the owner of the unit; and
	(d)	a person authorised in writing by the authority has the same rights to use the common property as the owner of the unit would have had if the lease had not been terminated.
Note	This section does not apply to a lease surrendered under the Planning and Development Act 2007, s 254 (see dict, def termination).
171	New unit lease 
	(1)	If, after the termination of the lease of a unit, a person becomes entitled under the Planning and Development Act 2007 to the grant of a lease of the unit, the planning and land authority must—
	(a)	lodge with the registrar-general written notice of that fact; and
	(b)	give the owners corporation written notice accordingly.
	(2)	On the entry on the units plan of a memorial under the Land Titles (Units Titles) Act 1970, section 24, the person entitled to the grant of the lease becomes the holder of an estate of leasehold in the unit for the term mentioned in subsection (3) and subject to the provisions set out in the units plan for the lease of that unit, as if a lease of that unit for that term and subject to those provisions had been granted to the person by the Territory under the Planning and Development Act 2007.
	(3)	The term of the lease begins on the registration of the notice and expires on the same day (stated in the units plan) as the terms of the leases of the other units.
	(4)	When a person becomes the holder of an estate in leasehold under this section—
	(a)	the easements given by section 35 continue, as they benefit or burden the unit; and
	(b)	any easement declared under section 36 to which the terminated lease was subject continues, as it benefits or burdens the unit.
Note	This section does not apply to a new lease granted after a lease has been surrendered under the Planning and Development Act 2007, s 254 (see dict, def termination).
172	New unit lease—schedule of unit entitlement 
	(1)	This section applies if, after the termination of the lease of a unit, a person becomes entitled under the Planning and Development Act 2007 to the grant of a lease of the unit.
	(2)	On the entry on the units plan of memorials under the Land Titles (Unit Titles) Act 1970, section 24, the schedule of unit entitlement has the same effect as it had immediately before the entry was made on that schedule under that Act, section 23 on the termination of the previous lease.
Note	This section does not apply to a new lease granted after a lease has been surrendered under the Planning and Development Act 2007, s 254 (see dict, def termination).

Part 14	Notification and review of decisions
173	Definitions—pt 14
In this part:
internally reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
internal reviewer—see section 174A.
internal review notice—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).
reviewable decision means an internal reviewer’s decision in relation to an internally reviewable decision.
173A	Internal review notices
	(1)	If the planning and land authority makes an internally reviewable decision, the authority must give an internal review notice only to each person mentioned in schedule 1, column 4 in relation to the decision.
Note 1	The requirements for internal review notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
Note 2	Section 174 gives a person who is given an internal review notice the right to object to the internally reviewable decision (unless the person was the applicant for the decision, and the decision was made in the applicant’s favour).
	(2)	However, the planning and land authority is not required to give an internal review notice to a person with an interest in a parcel, or an interested non-voter, in relation to a decision if the authority is not, and could not reasonably be, aware of the person’s interest because of the process of reaching the decision.
	(3)	An internal review notice given to a person in relation to a decision must include a statement to the effect that the person may not object to the decision if—
	(a)	the person applied for the decision; and
	(b)	the decision was made in accordance with the application.
174	Objections
	(1)	A person mentioned in schedule 1, column 4 in relation to an internally reviewable decision may object to the decision.
	(2)	However, a person may not object to a decision if—
	(a)	the person applied for the decision; and
	(b)	the decision was made in accordance with the application.
	(3)	The objection must—
	(a)	be in writing; and
	(b)	state the person’s name and address; and
	(c)	set out the person’s reasons for making the application; and
	(d)	be given to the planning and land authority.
Note	If a form is approved under s 180 for the objection, the form must be used.
	(4)	The objection must be given to the planning and land authority within—
	(a)	28 days after the day the person is given the internal review notice for the decision; or
	(b)	any longer period allowed by the planning and land authority before or after the end of the 28-day period.
174A	Internal reviewer
The planning and land authority must arrange for a person (the internal reviewer) who did not make the internally reviewable decision to review the decision.
175	Review by internal reviewer
	(1)	The internal reviewer for an internally reviewable decision must review the decision.
	(2)	The review must happen within 28 days (the 28-day period) after the day the planning and land authority receives the objection to the internally reviewable decision.
	(3)	The internal reviewer must—
	(a)	allow the objection and substitute the reviewer’s own decision; or
	(b)	disallow the objection.
	(4)	If the objection is not decided within the 28-day period, the objection is taken to have been disallowed by the internal reviewer.
176	Reviewable decision notices
If an internal reviewer makes a reviewable decision, the reviewer must give a reviewable decision notice only to each person to whom an internal review notice is required to be given in relation to the decision.
Note	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
177	Effect of decision to allow objection
If a decision is made to allow an objection and to substitute a new decision for the decision objected to—
	(a)	the decision objected to no longer has effect from the date of the reviewable decision notice; and
	(b)	this Act applies as if the substituted decision had been made on the date of the notice, subject to paragraph (c); and
	(c)	this part does not apply to the substituted decision.
177A	Applications for review
The person in relation to whom a reviewable decision is made may apply to the ACAT for review of the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Part 15	Miscellaneous
    
178	Removal of matters from ACAT to Supreme Court
	(1)	On the joint application of all parties to an application to the ACAT under this Act, the ACAT may order that the matter be removed to the Supreme Court.
	(2)	The registrar or a deputy registrar of the ACAT may exercise the functions of the ACAT under subsection (1) on an application for an order to remove a matter to the Supreme Court.
179	Determination of fees
	(1)	The Minister may determine fees for this Act (other than fees that this Act provides are to be fixed by owners corporations).
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3)
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
180	Approved forms
	(1)	The planning and land authority may approve forms for this Act.
	(2)	If the planning and land authority approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
181	Regulation-making power
	(1)	The Executive may make regulations for this Act.
	(2)	A regulation may create offences and fix maximum penalties of not more than 60 penalty units for the offences.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 20	Transitional—Unit Titles Amendment Act 2008 (No 2)
250	Definitions—pt 20
In this part:
commencement day means the day the Unit Titles Amendment Act 2008 (No 2), section 4 commences.
pre-amendment Act means the Unit Titles Act 2001 as in force immediately before the commencement day.
251	Transitional—unit title application for 2-unit units plan
	(1)	This section applies if—
	(a)	a lessee applied under the pre-amendment Act, section 17 for the subdivision of a parcel into 2 units; and
	(b)	immediately before the commencement day, the application had not been decided; and
	(c)	if the application were approved, 1 unit would not be wholly or partly superimposed on the other unit.
	(2)	The pre-amendment Act applies in relation to the application.
252	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Unit Titles Amendment Act 2008 (No 2).
	(2)	A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act or in another territory law.
253	Transitional effect—Legislation Act, s 88
This part is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
254	Expiry—pt 20
This part expires 5 years after the day it commences.

Part 25	Transitional—Construction Occupations Legislation Amendment Act 2010
300	Meaning of commencement day—pt 25
In this part:
commencement day means the day this part commences. 
301	Transitional—unit title applications lodged before commencement day
	(1)	This section applies if—
	(a)	before the commencement day, a lessee of a parcel applied for approval of the subdivision of the parcel under section 17 (Unit title applications—general requirements); and
	(b)	immediately before the commencement day—
	(i)	the planning and land authority had not decided the application under section 20 (Unit title applications—approval); or
	(ii)	if an application for review to the ACAT had been made for a decision to refuse to approve a unit title application under section 20 (5)—the proceeding on the application had not ended.
	(2)	The lessee is not required to provide a unit title assessment report.
302	Transitional regulations—pt 25
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of part 3 of the Construction Occupations Legislation Amendment Act 2010.
	(2)	A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
	(4)	A regulation under subsection (2) expires 2 years after the day it commences.
303	Expiry—pt 25
This part expires 5 years after the commencement day.

Schedule 1	Reviewable decisions
(see s 173)

column 1
item 	column 2
Act provision	column 3
reviewable decision	column 4
person	
1	20 (5)	refusal to approve a unit title application on the grounds of inconsistency with the heritage register	lessee of the parcel	
2	21 (1)	determination of a reasonable rent to be reserved under the lease of a unit in a units plan	lessee of the parcel	
3	22	amendment of a development statement	lessee of the parcel	
4	29	amendment of a development statement before registration of the units plan	each person with an interest in the parcel	
5	29	refusal to amend a development statement before registration of the units plan	each person with an interest in the parcel	
6	29 (5)	amendment of a schedule of unit entitlement in amending a development statement before registration of the units plan	each person with an interest in the parcel	
7	30	amendment of a development statement after registration of the units plan.	(a)	lessee of the parcel immediately before registration
(b)	owners corporation
(c)	each interested nonvoter	
8	30	refusal to amend a development statement after registration of the units plan	(a)	lessee of the parcel immediately before registration
(b)	owners corporation
(c)	each interested nonvoter	
9	30 (7) (a)	authorisation of amendment of a schedule of unit entitlement in amending a development statement after registration of the units plan	(a)	lessee of the parcel immediately before registration
(b)	owners corporation
(c)	each interested nonvoter	
10	146	refusal to grant unit entitlement authority	owners corporation	
11	146	grant of unit entitlement authority otherwise than as applied for	owners corporation	
12	146 (4) (b)	grant of shorter extended period than applied for, for which a unit entitlement authority is to remain in force	owners corporation	
13	149	grant of boundary authority	(a)	owners corporation
(b)	each interested nonvoter	
14	149	refusal to grant boundary authority	(a)	owners corporation
(b)	each interested nonvoter	
15	149 (4) (b)	grant of shorter extended period than  applied for, for which a boundary authority is to remain in force	(a)	owners corporation
(b)	each interested nonvoter	
16	154 (4)	grant of certificate about unit redevelopment	applicant for certificate	
17	160	grant of cancellation authority	(a)	owners corporation
(b)	each interested nonvoter	
18	160	refusal to grant cancellation authority	(a)	owners corporation
(b)	each interested nonvoter	
19	160 (4) (b)	grant of shorter extended period than applied for, for which a cancellation authority is to remain in force	(a)	owners corporation
(b)	each interested nonvoter	
20	160 (5)	grant of cancellation authority including a declaration of provisions that are to govern the new lease arising under section 163	(a)	owners corporation
(b)	each interested nonvoter	

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	appoint
·	bankrupt or personally insolvent
·	contravene
·	director‑general (see s 163)
·	exercise 
·	function
·	GST
·	heritage register
·	planning and land authority
·	reviewable decision notice.
ACAT dispute—see section 123.
address for correspondence, of a company, means the address of the company’s office, as registered under the law under which the company is incorporated (if that law so provides).
administration order—see section 140 (Who may apply for an administration order?).
administrative fund—see section 59 (1).
administrator, of an owners corporation, means a person who is appointed as the administrator of the corporation under part 9 (Administrators).
annexed—see section 12A.
appoint includes engage.
article, for an owner corporation, means an article of the corporation under section 126.
attachment, in relation to a building, means—
	(a)	an eave, gutter or downpipe; or
	(b)	an awning; or
	(c)	anything attached to the building prescribed by regulation.
benefited estate—see section 35 (Easements given by this Act) and section 36 (Easements declared by owners corporations).
boundary authority—see section 149.
building includes—
	(a)	a structure; and
	(b)	any other improvement (including fixtures, fittings and site improvements); and
	(c)	as shown in a unit title application—a building, structure or improvement (including fixtures, fittings and site improvements) proposed to be erected, or as proposed to be altered or added to.
Examples of site improvements
1	a paved path
2	a paved barbecue area
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
building and development provision, in relation to a lease—see the Planning and Development Act 2007, section 234.
building damage scheme—see section 152.
burdened estate—see section 35 (Easements given by this Act) and section 36 (Easements declared by owners corporations).
cancellation authority—see section 160.
cancellation dissolution order—see section 165 (Dissolution of owners corporation—Supreme Court powers).
cancellation order—see section 161A (Cancellation orders—Supreme Court powers). 
class A unit—see section 10.
class B unit—see section 11.
common property—see section 13.
communications officer, for an owners corporation, means the owners corporation communications officer appointed by the owners corporation under section 55H.
company includes any body corporate.
contribution means a contribution to a general fund or the sinking fund of an owners corporation.
corporate register—see section 70.
deadlock order—see section 123.
default articles—see section 126.
developer means the lessee of a parcel who applies for the approval of the subdivision of the parcel under section 17 (Unit title applications—general requirements).
developer control period, for a units plan, means the period that—
	(a)	starts on the day the owners corporation for the units plan is established; and
	(b)	ends on the day people other than the developer hold 1/3 or more of the unit entitlements for the units plan.
development, of a parcel, a unit or common property—
	(a)	means the erection, alteration or addition of a building on the parcel, unit or common property; and
	(b)	for a unit title application—includes a proposal for the erection, alteration or addition of a building on the parcel, unit or common property.
development statement means a statement about a staged development, accompanying a unit title application (as amended under section 22 (Unit title applications—amendment of development statement by authority), or amended under section 29 (Amendment of development statements before registration) or section 30 (Amendment of development statements after registration)).
eligible person, for a unit or common property in relation to which access to information is required, means—
	(a)	the owner, or another person with an interest in the unit, or in an easement over the common property; or
	(b)	for a unit that is owned, or part-owned, by a company—the representative of the company; or
	(c)	anyone authorised in writing by a person mentioned in paragraph (a) or (b); or
	(d)	if access to the information is necessary or desirable for the administration of this Act—the planning and land authority.
encroachment includes a projection at, above or below ground level.
entitled to vote, in relation to a motion at a general meeting of an owners corporation, means a person who is entitled to vote on the motion under section 110.
estate, in relation to a unit title easement right given by this Act, means the unit or common property benefited or burdened by the right.
Note	See div 4.2 (Easements) (which defines unit title easement rights in s 34 and benefited estate and burdened estate in s 35 and s 36).
executive committee, of an owners corporation, means the executive committee of the corporation established under section 81.
executive member means a member of an executive committee.
expiry dissolution order—see section 169 (Dissolution of owners corporation on lease expiry—Supreme Court powers).
final building damage order—see section 157.
financial year, for an owners corporation, means—
	(a)	a period of 12 months beginning on 1 July; or
	(b)	any other period of 12 months decided by the owners corporation.
financier, for a service contract—see section 55R.
former members, of an owners corporation that is dissolved, means the people who were the members of the corporation immediately before the dissolution.
full name, of a company, means the full name of the company together with the full name of its secretary or public officer (or an equivalent office-holder).
general fund, of an owners corporation, means—
	(a)	the administrative fund of the corporation (see section 59 (1)); or
	(b)	a special purpose fund of the corporation (see section 59 (2)).
general funds budget—see section 59 (5).
implied warranties, for part 7A (Implied warranties)—see section 130D.
improved value, for calculating the unit entitlement of a unit (whether before or after the registration of the units plan) means—
	(a)	for a class A unit—the total of the following values:
	(i)	the value of the unit itself;
	(ii)	for any unit subsidiaries annexed to the unit that are buildings or parts of buildings—the value of the buildings or parts of buildings;
	(iii)	for any unit subsidiaries annexed to the unit that are constituted by land—the combined value of the land and all buildings on the land; or
	(b)	for a class B unit—the total of the following values:
	(i)	the combined value of the land occupied by the unit itself and of all buildings on the land;
	(ii)	for any unit subsidiaries annexed to the unit that are buildings or parts of buildings—the value of the buildings or parts of buildings;
	(iii)	for any unit subsidiaries annexed to the unit that are constituted by land—the combined value of the land and all buildings on the land.
initial sinking fund plan, for division 5.4 (Finances of owners corporation)—see section 62.
interest, in a unit or common property, means a legal or equitable estate or interest (whether registered or unregistered) in the lease of the unit or of the common property, except an interest in a sublease of a unit.
interested nonvoter—a person with an interest in a unit or the common property is an interested nonvoter in relation to an application under this Act for amendment of a development statement (under section 30), a boundary authority (under section 149) or a cancellation authority (under section 160) if—
	(a)	the interest was shown on the corporate register (or known to an executive member) when the application was made; and
	(b)	either—
	(i)	the person’s interest was in a unit (otherwise than as mortgagee) or the common property when the resolution authorising the application was passed, but the person was not entitled to vote on the resolution; or
	(ii)	the person’s interest was as mortgagee in a unit when the resolution authorising the application was passed, but the mortgagee was not entitled to vote on the resolution through a mortgagee’s representative.
Examples of interested nonvoters
1	The proprietor of a property adjoining the parcel on which the units stand, if the property benefits from an easement over the common property, and the proprietor’s easement interest is shown on the corporate register. 
2	For paragraph (b) (i)—A part-owner of a unit that is owned by 2 or more people, if the part-owner was not the representative for the unit when the application was authorised at a general meeting.  The part-owner would not have been ‘entitled to vote’ under section 110.
3	For paragraph (b) (i)—An owner of a unit for which a mortgagee has issued a mortgagee voting notice under section 112.  The owner would not have been ‘entitled to vote’ under section 110.
4	For paragraph (b) (ii)—The mortgagee of a unit who was not entitled to vote on the motion authorising the application because the mortgagee did not (or was not entitled to) issue a mortgagee voting notice under section 112.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
interested party, for an administration order—see section 140 (Who may apply for an administration order?).
internally reviewable decision, for part 14 (Notification and review of decisions)—see section 173.
internal reviewer, for part 14 (Notification and review of decisions)—see section 174A.
internal review notice, for part 14 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).
lease means—
	(a)	for a unit—the lease of the unit under section 33 (2) (Leases of units and common property) or section 171 (2) (New unit lease); or
	(b)	for common property—the lease of the common property under section 33 (3) (Leases of units or common property); or
	(c)	for a parcel—the lease of the parcel granted under the Planning and Development Act 2007, or the lease arising under section 162 (Cancellation of units plan—effects) of this Act.
lessee means—
	(a)	for a unit—the owner of the unit; or
	(b)	for the common property—the owners corporation; or
	(c)	for a parcel—the registered proprietor of the lease of the parcel.
maintenance, of a building, a facility for a utility service or a utility conduit, means maintenance in good repair and working order, and includes—
	(a)	repair; and
	(b)	replacement; and
	(c)	renewal; and
	(d)	restoration.
manager, for an owners corporation, means the owners corporation manager appointed by the owners corporation under section 55.
minor boundary change—see section 16.
mortgage means a registered mortgage, or a registered encumbrance, within the meaning of the Land Titles Act 1925.
mortgagee means—
	(a)	for a unit—the registered proprietor of a mortgage of the lease of the unit; or
	(b)	in any other case—the registered proprietor of a mortgage.
mortgage insurance policy—see section 134 (Mortgage insurance of unit).
mortgagee voting notice—see section 112 (Voting by mortgagees).
ordinary resolution means a resolution of a general meeting passed as required by section 105.
owner means—
	(a)	for a unit—the registered proprietor of the lease of the unit; or
Note	The term unit owner is also defined in the dictionary with the same meaning.
	(b)	for common property—the owners corporation.
owners corporation means a corporation established under section 38.
parcel—see section 5.
part owner, of a unit, means ownership of the unit as a tenant in common or as a joint owner.
proportional share, of a contribution payable for a unit, is the proportion of the total contributions payable for all units worked out as follows:

proprietor, of an interest in land, includes anyone who is entitled to exercise the rights of the proprietor in relation to the land.
Examples
1	someone to whom the proprietor has assigned those rights
2	the heir, executor or administrator of the proprietor
3	the trustee in relation to the proprietor’s interest under the Bankruptcy Act 1966 (Cwlth)
4	for a company that is a proprietor, the company’s liquidators
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
provisional building damage order—see section 154.
provisions, of a lease, means the provisions, covenants and conditions subject to which the lease is held.
public place—see the Roads and Public Places Act 1937, dictionary.
reduced quorum—see section 99 (Quorum at a general meeting—owners corporations with 3 or more members).
reduced quorum decision—see section 100 (Notice of reduced quorum decisions and adjournments).
registered means registered with the registrar-general under the Land Titles Act 1925 or the Land Titles (Unit Titles) Act 1970.
representative—
	(a)	for the owners of a unit owned by 2 or more people (whether as joint tenants or tenants in common)—see section 41 (Multiple owners of units—authorisation of representatives); or
	(b)	for a company that is the owner or a part-owner of a unit—see section 43 (Company-owned units—authorisation of representatives); or
	(c)	for a mortgagee that has given a mortgagee voting notice to an owners corporation—see section 112 (Voting by mortgagees).
reviewable decision, for part 14 (Notification and review of decisions)—see section 173.
schedule of unit entitlement, in relation to a units plan, means the schedule of unit entitlement forming part of the plan under section 8.
secretary, for an owners corporation, means the secretary of the corporation elected under section 87.
service contract, for an owners corporation, means a contract entered into by the owners corporation with a service contractor to provide service contractor services under section 55J. 
service contractor, for an owners corporation, means the owners corporation service contractor contracted by the owners corporation under section 55J.
sinking fund—see section 61.
sinking fund expenditure, for division 5.4 (Finances of owners corporation)—see section 55W.
sinking fund plan, for division 5.4 (Finances of owners corporation)—see section 63A.
special purpose fund—see section 59 (2).
special resolution means a resolution of a general meeting passed as required by section 106.
staged development, in relation to a unit title application—see section 17 (3) (Unit title applications—general requirements).
standard quorum—see section 99 (Quorum at a general meeting—owners corporations with 3 or more members).
termination, of a lease of a unit, does not include the termination of the lease on surrender under the Planning and Development Act 2007, section 254 (Grant of further leases).
total sinking fund amount—see section 63 (1) (Sinking funds—annual payments).
treasurer, for an owners corporation, means the treasurer of the corporation elected under section 87.
unanimous resolution means a resolution of a general meeting passed as required by section 108.
unit—see section 9.
unit entitlement—see section 8.
unit entitlement authority—see section 146.
unit owner means the registered proprietor of the lease of the unit.
units plan means the units plan under section 7.
unit subsidiary—see section 12.
unit title application—see section 6.
unit title assessment report—see section 22B.
unit title assessor—see section 22A.
unit title certificate—see section 75.
unit title easement rights—see section 34.
unopposed resolution means a resolution of a general meeting passed as required by section 107.
utility conduit means a conduit of any kind for the provision of a utility service, and includes, for example, pipes, wires, cables and ducts for a utility service.
utility services includes—
	(a)	the collection and passage of stormwater; and
	(b)	the supply of water (for drinking or any other use); and
	(c)	sewerage and drainage services; and
	(d)	garbage collection services; and
	(e)	gas, electricity and air services (including airconditioning and heating); and
	(f)	communication services (including telephone, radio and television).
voting value—see section 116 (2) (Value of votes).

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	
3	Legislation history
Unit Titles Act 2001 No 16
notified 5 April 2001 (Gaz 2001 No 14)
s 1, s 2 commenced 5 April 2001 (IA s 10B)
s 182, s 185 and s 189 commenced 5 April 2001 (s 1)
remainder commenced 5 October 2001 (LA s 79)
as amended by
Legislation (Consequential Amendments) Act 2001 No 44 pt 401
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 401 commenced 5 October 2001 (s 2 (2) and amdts 1.4149‑1.4161)
Statute Law Amendment Act 2001 (No 2) No 56 pt 3.51
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (s 2 (1))
amdts commenced 12 September 2001 (s 2 (2), amdt 3.859, amdt 3.860)
Community Title Act 2001 No 58 s 103
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
s 103 commenced 10 March 2002 (LA s 79)
Statute Law Amendment Act 2002 No 30 pt 3.84
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
amdt 3.929 taken to have commenced 5 October 2001 (s 2 (2))
pt 3.84 remainder commenced 17 September 2002 (s 2 (1))
Planning and Land (Consequential Amendments) Act 2002 No 56 sch 3 pt 3.16
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
sch 3 pt 3.16 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.70
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.70 commenced 2 June 2005 (s 2 (1))
Unit Titles Amendment Act 2005 A2005-25
notified LR 11 May 2005
s 1, s 2 commenced 11 May 2005 (LA s 75 (1))
remainder commenced 12 May 2005 (s 2)
Unit Titles (Staged Development) Amendment Act 2005 A2005-37
notified LR 26 August 2005
s 1, s 2 commenced 26 August 2005 (LA s 75 (1))
remainder commenced 14 September 2005 (s 2 and CN2005-21)
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.24
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.24 commenced 16 November 2006 (s 2 (1))
Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.32
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
sch 1 pt 1.32 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
Unit Titles Amendment Act 2008 A2008-9
notified LR 17 April 2008
s 1, s 2 commenced 17 April 2008 (LA s 75 (1))
remainder commenced 18 April 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.102
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.102 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Unit Titles Amendment Act 2008 (No 2) A2008-45
notified LR 10 September 2008
s 1, s 2 commenced 10 September 2008 (LA s 75 (1))
s 3 commenced 2 February 2009 (s 2 (1) and CN2008-18)
s 4, s 48 (new section 251) commenced 10 September 2009 (s 2 (1) and CN2008-18)
s 7, s 16, s 39, s 42, s 45, s 46, s 49, s 50, s 53 commenced 2 February 2009 (s 2 (2))
s 15, s 52 (def manager) commenced 1 July 2009 (s 2 (1) and CN2008‑18)
remainder commenced 31 March 2009 (s 2 (1) and CN2008-18)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.81
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.81 commenced 17 December 2009 (s 2)
Construction Occupations Legislation Amendment Act 2010 A2010-8 pt 3
notified LR 3 March 2010
s 1, s 2 commenced 3 March 2010 (LA s 75 (1))
pt 3 commenced 3 September 2010 (s 2 (2) and LA s 79)
Construction Occupations Legislation (Exemption Assessment) Amendment Act 2010 A2010-24 pt 6
notified LR 8 July 2010
pt 1 commenced 8 July 2010 (s 2 (1))
pt 6 commenced 3 September 2010 (s 2 (2) and see Construction Occupations Legislation Amendment Act 2010 A2010-8 (s 2 (2) and LA s 79)
Justice and Community Safety Legislation Amendment Act 2010 (No 4) A2010-50 sch 1 pt 1.12
notified LR 14 December 2010
s 1, s 2 commenced 14 December 2010 (LA s 75 (1))
sch 1 pt 1.12 commenced 21 December 2010 (s 2 (1))
Planning and Development (Lease Variation Charges) Amendment Act 2011 A2011-19 sch 1 pt 1.2
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 July 2011 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.161
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.161 commenced 1 July 2011 (s 2 (1))
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Units plan
s 7	am A2005-37 s 4; pars renum R8 LA (see A2005-37 s 5)
Class B units
s 11	am A2008-9 amdt 1.1
Meaning of annexed
s 12A	ins A2005-20 amdt 3.447
Unit title applications—general requirements
s 17	am 2001 No 44 amdt 1.4149; 2002 No 56 amdt 3.75; A2005‑37 s 6; A2007-25 amdt 1.180; A2008-9 s 4; A2008-45 s 4; A2010-8 s 16; A2010-24 s 52
Unit title applications—class A units and class B units
s 18	am A2008-9 amdt 1.2
Unit title applications—unit subsidiaries
s 19	am A2008-9 amdt 1.2
Unit title applications—approval
s 20	am 2001 No 44 amdt 1.4150, amdt 1.4151; 2002 No 56 amdt 3.75, amdt 3.76; A2005-37 s 7, s 8; A2006-42 amdt 3.210, amdt 3.211; A2007-25 amdt 1.181, amdt 1.182; A2008-9 s 5, s 6; A2010-8 s 17; ss renum R18 LA; A2011-19 amdt 1.2, amdt 1.3; ss renum R21 LA
Unit title applications—reasonable rent
s 21	am 2002 No 56 amdts 3.57-3.59; A2008-37 amdt 1.504
Unit title applications—amendment of development statement by authority
s 22	sub 2002 No 56 amdt 3.60
Unit title assessment reports for unit title applications
div 3.1A hdg	ins A2010-8 s 18
Meaning of unit title assessor
s 22A	ins A2010-8 s 18
Unit title assessment reports
s 22B	ins A2010-8 s 18
	am A2010-24 s 53
Unit title assessment report applications—unit title assessor may require further information
s 22C	ins A2010-8 s 18
	am A2010-24 s 54
Unit title assessment report applications—contents of request for further information
s 22D	ins A2010-8 s 18
Unit title assessment report applications—effect of failure to provide further information
s 22E	ins A2010-8 s 18
Unit title applications—authority may require further information
s 22F	ins A2010-8 s 18
Unit title applications—contents of request for further information
s 22G	ins A2010-8 s 18
Notice of approval of unit title applications
s 23	am 2002 No 56 amdt 3.61, amdt 3.75, amdt 3.76
Security for staged developments and unfinished work
s 24	am 2001 No 44 amdt 1.4152, amdt 1.4153; 2002 No 56 amdt 3.62, amdt 3.75
Endorsement of units plan for registration
s 27	am 2002 No 56 amdt 3.63, amdt 3.75, amdt 3.76; A2005-37 s 9; pars renum R8 LA (see A2005-37 s 10); A2007-25 amdt 1.182; A2008-9 s 7
Lapse of endorsement after 3 months
s 28	am 2002 No 56 amdt 3.75
Amendment of development statements before registration
s 29	am 2001 No 44 amdt 1.4154; 2002 No 56 amdt 3.64, amdt 3.65, amdt 3.75
Amendment of development statements after registration
s 30	am 2001 No 44 amdt 1.4154; 2002 No 56 amdt 3.66, amdt 3.67, amdt 3.75, amdt 3.76; A2005-37 ss 11-14; ss renum R8 LA (see A2005-37 s 15); A2008-45 s 5
Effect of registration of amendment
s 31	sub A2005-37 s 16
	am A2007-25 amdt 1.183
Developer disclosure
div 3.4 hdg	ins A2008-45 s 6
Contract for sale of unit before registration of units plan
s 31A	ins A2008-45 s 6
Leases of units and common property
s 33	am A2007-25 amdt 1.184
Unit title easement rights
s 34	am A2007-25 amdt 1.185
Encroachments on public places
div 4.3 hdg	ins A2008-9 s 8
Effect of registration of units plan with encroachment on public place
s 37A	ins A2008-9 s 8
Restriction on owners corporation during developer control period
s 46A	ins A2008-45 s 7
Dealings in property
s 48	am 2001 No 58 s 103; A2008-45 s 8, s 9
Surrender of leases in units
s 49A	ins A2010-50 amdt 1.53
Exemptions for units plans with 4 or fewer units
s 50	am A2008-45 s 10
General duties
s 51	am 2002 No 56 amdt 3.75; A2005-37 s 17; pars renum R8 LA (see A2005-37 s 18); A2007-25 amdt 1.186; A2008-45 s 11
Animals—owners corporation’s consent
s 51A	ins A2008-45 s 12
Structural defects—owners corporation may represent members
s 51B	ins A2008-45 s 12
Owners corporation—entry to units
s 51C	ins A2008-45 s 12
Work on behalf of particular unit owners or occupiers
s 52	am A2008-45 s 13
People appointed by owners corporation to help run owners corporation
div 5.3A hdg	ins A2008-45 s 15
Manager—appointment
s 55	om A2008-45 s 14
	ins A2008-45 s 15
Manager—conditions of appointment
s 55A	ins A2008-45 s 15
Manager—functions
s 55B	ins A2008-45 s 15
Manager—ending appointment
s 55C	ins A2008-45 s 15
	am A2009-49 amdt 3.204
Manager—remedial breaches
s 55D	ins A2008-45 s 15
Manager—code of conduct
s 55E	ins A2008-45 s 15
Manager—public liability insurance
s 55F	ins A2008-45 s 15
Manager—delegated functions
s 55G	ins A2008-45 s 15
Communications officer—appointment
s 55H	ins A2008-45 s 15
Communications officer—function
s 55I	ins A2008-45 s 15
Service contractors
div 5.3B hdg	ins A2008-45 s 16
Service contractor—contract and functions
sdiv 5.3B.1 hdg	ins A2008-45 s 16
Definitions—div 5.3B
s 55J	ins A2008-45 s 16
	def service contract ins A2008-45 s 16
	def service contractor ins A2008-45 s 16
	def service contractor services ins A2008-45 s 16
Service contractor—contract
s 55K	ins A2008-45 s 16
Service contractor not to be contracted for longer than 25 years
s 55L	ins A2008-45 s 16
Service contractor—functions
s 55M	ins A2008-45 s 16
Service contractor—transfer
s 55N	ins A2008-45 s 16
Service contractor—ending contract
s 55O	ins A2008-45 s 16
	am A2009-49 amdt 3.205
Service contractor—remedial breaches
s 55P	ins A2008-45 s 16
Service contractor—contract and functions
sdiv 5.3B.2 hdg	ins A2008-45 s 16
Meaning of financed service contract and financier—subdiv 5.3B.2
s 55Q	ins A2008-45 s 16
Who is a financier for a service contract?
s 55R	ins A2008-45 s 16
Financed service contract—notice of change
s 55S	ins A2008-45 s 16
Financed service contract—limitation on ending
s 55T	ins A2008-45 s 16
Financed service contract—person authorised to act for financier
s 55U	ins A2008-45 s 16
Financed service contract—agreement between owners corporation and financier prohibited
s 55V	ins A2008-45 s 16
Definitions—div 5.4
s 55W	ins A2008-45 s 17
	def initial sinking fund plan ins A2008-45 s 17
	def sinking fund expenditure ins A2008-45 s 17
	def sinking fund plan ins A2008-45 s 17
Borrowing powers
s 58	am A2008-45 s 18
General funds (administrative or special purpose funds)
s 59	am A2005-20 amdt 3.448
Sinking funds
s 61	am A2008-45 s 19, s 20
Sinking funds—owners corporation to prepare initial 10‑year plan
s 62	sub A2008-45 s 21
	(4)-(6) exp 31 March 2011 (s 62 (6) (LA s 88 declaration applies))
Sinking funds—review of initial sinking fund plan
s 63	sub A2008-45 s 21
Sinking funds—owners corporation to prepare subsequent 10-year plans
s 63A	ins A2008-45 s 21
Sinking funds—review of sinking fund plan
s 63B	ins A2008-45 s 21
General and sinking funds in staged developments
s 64A	ins A2005-37 s 19
Discounts and interest—amounts owing
s 65	am A2008-45 s 22, s 23
Corporate register—information for inclusion
s 71	am A2005-20 amdt 3.449
Unit title certificate and access to owners corporation records
s 75	am 2001 No 44 amdt 1.4155, amdt 1.4156
	sub A2008-45 s 24
Owners corporation name, address and letterbox
s 78	am 2001 No 44 amdt 1.4157
Service of documents on owners corporation
s 79	sub 2002 No 30 amdt 3.925
Service of documents on members, interested people and occupiers
s 80	am 2002 No 30 amdt 3.926, amdt 3.927
Executive committee—functions
s 82	am A2008-45 s 25; ss renum R13 LA
Executive committee—before the first annual general meeting
s 83	am A2008-45 s 26
Executive committee—after the first annual general meeting
s 84	am A2008-45 s 27, s 28
Executive committee—office-holders
s 87	sub A2008-45 s 29
Executive committee—chairperson’s functions
s 87A	ins A2008-45 s 29
Executive committee—secretary’s functions
s 87B	ins A2008-45 s 29
Executive committee—treasurer’s functions
s 87C	ins A2008-45 s 29
Decisions about staged development
s 88A	ins A2005-37 s 20
Decisions about use of common property
s 88B	ins A2008-45 s 30
Decisions about taking legal action
s 88C	ins A2008-45 s 30
Taking urgent legal action
s 88D	ins A2008-45 s 30
Delegation by executive committee
s 89	sub 2002 No 30 amdt 3.928
Contractors and employees
s 90	sub A2008-45 s 31
Minutes, records and accounts
s 91	am 2002 No 56 amdt 3.75
First annual general meeting
s 95	am A2008-45 s 32, s 33
	(3)-(5) exp 30 September 2009 (s 95 (5) (LA s 88 declaration applies))
First annual general meeting—developer to deliver records
s 95A	ins A2008-45 s 34
Notice of reduced quorum decisions and adjournments
s 100	am 2001 No 44 amdt 1.4158, amdt 1.4159
Quorum at a general meeting—owners corporation with 2 members
s 102	am A2008-45 s 35
Decisions about staged development
s 110A	ins A2005-37 s 21
Mortgagee voting notice—amendment and revocation
s 113	am 2002 No 30 amdt 3.929
Proxy votes
s 115	am A2008-45 s 36
Proxy votes—limit on developer
s 115A	ins A2008-45 s 37
Value of votes
s 116	sub A2005-20 amdt 3.450
Owners corporations with only 2 members—votes divided
s 119	om A2008-45 s 38
People under 18 or under other legal disabilities
s 121	am 2002 No 30 amdt 3.930
Dispute resolution
div 6.5 hdg	sub A2008-45 s 39
What is an ACAT dispute?
s 123	sub A2008-45 s 39
Who may apply to the ACAT?
s 124	sub A2008-45 s 39
Kinds of ACAT orders
s 125	sub A2008-45 s 39
What are the articles of an owners corporation?
s 126	sub A2008-45 s 40
Effect of articles
s 127	am A2008-9 amdt 1.3
Amendment of articles
s 128	am A2008-45 s 41; ss renum R13 LA
Breach of articles—article infringement notice
s 129	sub A2008-45 s 42
Breach of articles—failure to comply with article infringement notice
s 129A	ins A2008-45 s 42
Breach of articles—request for article infringement notice
s 129B	ins A2008-45 s 42
Application of Legislation Act
s 130 hdg	sub 2001 No 56 amdt 3.859
s 130	am 2001 No 56 amdt 3.860
Implied warranties
pt 7A hdg	ins A2008-45 s 43
Meaning of implied warranties—pt 7A
s 130A	ins A2008-45 s 43
Purpose—pt 7A
s 130B	ins A2008-45 s 43
Implied warranties and right to cancel—effect
s 130C	ins A2008-45 s 43
Implied warranties
s 130D	ins A2008-45 s 43
Cancellation of contract
s 130E	ins A2008-45 s 43
Claim for compensation
s 130F	ins A2008-45 s 43
Building insurance by owners corporation
s 132	am A2005-37 s 22
Application of insurance money by owners corporation
s 137	am A2008-45 s 53
Who may apply for an administration order?
s 140	am A2008-45 s 53; A2011-22 amdt 1.451
ACAT appearances and service of applications
s 141 hdg	am A2008-45 s 53
s 141	am A2008-45 s 53; A2011-22 amdt 1.451
Appointment of administrator
s 142	am 2002 No 30 amdt 3.931; A2008-45 s 53
Removal or replacement of administrator
s 143	am A2008-45 s 53
Functions of administrator
s 144	am A2008-45 s 53
Delegation by administrator
s 145	sub 2002 No 30 amdt 3.932
Unit entitlement authority—grant
s 146	am 2001 No 44 amdt 1.4160; 2002 No 56 amdt 3.75; A2008‑45 s 44
Boundary authority—grant
s 149	am 2001 No 44 amdt 1.4160; 2002 No 56 amdt 3.75
Boundary authorities—registration
s 151	am A2007-25 amdt 1.187
Building damage orders—right of appearance
s 153	am A2008-45 s 53; A2011-22 amdt 1.451
Provisional building damage order—application
s 154	am 2001 No 44 amdt 1.4160; 2002 No 56 amdt 3.68, amdt 3.69, amdt 3.75; A2005-25 s 4; A2007-25 amdt 1.188; A2008-45 s 53
Provisional building damage order—approval of scheme
s 155	am 2002 No 56 amdt 3.75; A2008-45 s 53
Provisional building damage order—period of effect
s 156	am A2008-45 s 45
Final building damage order—amendment of units plan
s 157	am A2008-45 s 53
Final building damage order—period of effect
s 158	am A2008-45 s 46
Final building damage order—registration
s 159	am A2007-25 amdt 1.189
Cancellation authority—grant by planning and land authority
s 160 hdg	sub A2005-25 s 5
s 160	am 2001 No 44 amdt 1.4160; 2002 No 56 amdt 3.75; A2005‑25 ss 6-8; ss renum R6 LA (see A2005-25 s 9)
Cancellation authority—period of effect
s 161 hdg	sub A2005-25 s 10
Cancellation orders
div 11.2 hdg	om A2005-25 s 12
	ins A2005-25 s 11
Cancellation orders—Supreme Court powers
s 161A	ins A2005-25 s 11
Cancellation orders—provisional orders
s 161B	ins A2005-25 s 11
Cancellation orders—after provisional order is made
s 161C	ins A2005-25 s 11
Cancellation orders—right of appearance
s 161D	ins A2005-25 s 11
	am A2011-22 amdt 1.451
Effects of cancellation
div 11.3 hdg	ins A2005-25 s 12
Cancellation of units plan—effects
s 162	am A2005-25 s 13
Cancellation of units plan—new lease over parcel
s 163	am 2002 No 56 amdt 3.75; A2005-25 s 14
Dissolution of owners corporation—Supreme Court powers
s 165 hdg	sub A2005-25 s 15
s 165	am A2005-25 s 16, s 17, s 19; pars renum R6 LA (seeA2005‑25 s 18); A2011-22 amdt 1.451
Changing 2-unit units plans to subdivisions
pt 11A hdg	ins A2008-45 s 47
Application—pt 11A
s 165A	ins A2008-45 s 47
Subdivision of units plan—application
s 165B	ins A2008-45 s 47
Development applications to vary lease under Planning and Development Act
s 166 hdg	sub A2007-25 amdt 1.190
s 166	am 2002 No 56 amdt 3.75; A2007-25 amdt 1.191, amdt 1.192
Lease variation—amendment of schedule of unit entitlement
s 167	sub 2002 No 56 amdt 3.70
Dissolution of owners corporation on lease expiry—Supreme Court powers
s 169 hdg	sub A2005-25 s 20
s 169	am A2005-25 s 21, s 22, s 24; pars renum R6 LA (see A2005‑25 s 23); A2011-22 amdt 1.451
Effect of termination of unit lease
s 170	am 2002 No 56 amdt 3.71, amdt 3.76; A2007-25 amdt 1.193
New unit lease
s 171	am 2002 No 56 amdt 3.75; A2007-25 amdts 1.194-1.196
New unit lease—schedule of unit entitlement
s 172	am A2007-25 amdt 1.197, amdt 1.198
Notification and review of decisions
pt 14 hdg	sub A2008-37 amdt 1.505
Definitions—pt 14
s 173	am 2002 No 56 amdt 3.72, amdt 3.75
	sub A2008-37 amdt 1.505
	def internally reviewable decision ins A2008-37 amdt 1.505
	def internal reviewer ins A2008-37 amdt 1.505
	def internal review notice ins A2008-37 amdt 1.505
	def reviewable decision ins A2008-37 amdt 1.505
Internal review notices
s 173A	ins A2008-37 amdt 1.505
Objections
s 174	am 2002 No 56 amdt 3.75
	sub A2008-37 amdt 1.505
Internal reviewer
s 174A	ins A2008-37 amdt 1.505
Review by internal reviewer
s 175	am 2002 No 56 amdt 3.75
	sub A2008-37 amdt 1.505
Reviewable decision notices
s 176	sub A2008-37 amdt 1.505
Effect of decision to allow objection
s 177	sub A2008-37 amdt 1.505
Applications for review
s 177A	ins A2008-37 amdt 1.505
Removal of matters from ACAT to Supreme Court
s 178 hdg	am A2008-45 s 53
s 178	am A2008-45 s 53
Determination of fees
s 179	sub 2001 No 44 amdt 1.4161
	am A2006-42 amdt 3.211
Approved forms
s 180	sub 2001 No 44 amdt 1.4161
	am 2002 No 30 amdt 3.933; 2002 No 56 amdt 3.75; A2006-42 amdt 3.211
Regulation-making power
s 181	sub 2001 No 44 amdt 1.4161
	am A2010-8 s 19
Repeals and transitional
pt 16 hdg	exp 5 April 2003 (s 194)
Definitions for pt 16
s 182	exp 5 April 2003 (s 194)
Repeal of Unit Titles Act 1970 and Unit Titles Regulations
s 183	om LA s 89 (3)
Units plans, corporations and committees
s 184	exp 5 April 2003 (s 194)
Mixed class A and class B unit title proposals
s 185	exp 5 April 2003 (s 194)
Transitional unit title proposals
s 186	exp 5 April 2003 (s 194)
Transitional unit title approvals
s 187	exp 5 April 2003 (s 194)
Representatives—multiply-owned units and company-owned units
s 188	exp 5 April 2003 (s 194)
General meetings notified before commencement day
s 189	exp 5 April 2003 (s 194)
Finances of transitional corporations
s 190	exp 5 April 2003 (s 194)
Work on behalf of unit owners
s 191	exp 5 April 2003 (s 194)
Articles
s 192	exp 5 April 2003 (s 194)
Insurance
s 193	exp 5 April 2003 (s 194)
Expiry of pt 16
s 194	sub 2002 No 30 amdt 3.934
	exp 5 April 2003 (s 194)
Transitional—Unit Titles Amendment Act 2008 (No 2)
pt 20 hdg	ins A2008-45 s 48
	exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Definitions—pt 20
s 250	ins A2008-45 s 48
	def commencement day ins A2008-45 s 48
	def pre-amendment Act ins A2008-45 s 48
	exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Transitional—unit title application for 2-unit units plan
s 251	ins A2008-45 s 48
	exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Transitional regulations
s 252	ins A2008-45 s 48
	exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Transitional effect—Legislation Act, s 88
s 253	ins A2008-45 s 48
	exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Expiry—pt 20
s 254	ins A2008-45 s 48
	exp 31 March 2014 (s 254 (LA s 88 declaration applies))
Transitional—Construction Occupations Legislation Amendment Act 2010
pt 25 hdg	ins A2010-8 s 20
	exp 3 September 2015 (s 303)
Meaning of commencement day—pt 25
s 300	ins A2010-8 s 20
	exp 3 September 2015 (s 303)
Transitional—unit title applications lodged before commencement day
s 301	ins A2010-8 s 20
	exp 3 September 2015 (s 303)
Transitional regulations—pt 25
s 302	ins A2010-8 s 20
	exp 3 September 2015 (s 303)
Expiry—pt 25
s 303	ins A2010-8 s 20
	exp 3 September 2015 (s 303)
Reviewable decisions
sch 1 hdg	sub A2008-37 amdt 1.506
sch 1	am A2006-42 amdt 3.212; A2008-37 amdt 1.507
Dictionary
dict	am 2002 No 30 amdt 3.935; A2006-42 amdt 3.213; A2008-37 amdt 1.508; A2008-45 s 49; A2009-49 amdt 3.206; A2011-22 amdt 1.452
	def ACAT dispute ins A2008-45 s 50
	def annexed sub A2005-20 amdt 3.451
	def appoint ins A2008-45 s 50
	def article ins A2005-20 amdt 3.452
	def attachment ins A2008-9 s 9
	def building and development provision ins A2007-25 amdt 1.199
	def cancellation dissolution order sub A2005-25 s 25
	def cancellation order ins A2005-25 s 26
	def company representative om A2005-20 amdt 3.453
	def communications officer ins A2008-45 s 50
	def default articles sub A2008-45 s 51
	def developer ins A2008-45 s 52
	def developer control period ins A2008-45 s 52
	def development covenant om A2007-25 amdt 1.200
	def development statement sub 2002 No 56 amdt 3.74
	def eligible person am 2002 No 56 amdt 3.75
	def encroachment ins A2008-9 s 9
	def entitled to vote sub A2005-20 amdt 3.454
	def expiry dissolution order sub A2005-25 s 27
	def financier ins A2008-45 s 52
	def GST om A2005-20 amdt 3.455
	def implied warranties ins A2008-45 s 52
	def initial sinking fund plan ins A2008-45 s 52
	def internally reviewable decision ins A2008-37 amdt 1.509
	def internal reviewer ins A2008-37 amdt 1.509
	def internal review notice ins A2008-37 amdt 1.509
	def Land Act om A2007-25 amdt 1.201
	def lease am A2007-25 amdt 1.202
	def manager ins A2008-45 s 52
	def mortgagee’s representative om A2005-20 amdt 3.455
	def public place ins A2008-9 s 9
	def reviewable decision sub A2008-37 amdt 1.510
	def schedule of unit entitlement sub A2005-20 amdt 3.456
	def secretary ins A2008-45 s 52
	def service contract ins A2008-45 s 52
	def service contractor ins A2008-45 s 52
	def sinking fund expenditure ins A2008-45 s 52
	def sinking fund plan ins A2008-45 s 52
	def termination sub A2007-25 amdt 1.203
	def treasurer ins A2008-45 s 52
	def unit owners’ representative om A2005-20 amdt 3.457
	def units plan sub A2005-20 amdt 3.458
	def unit title assessment report ins A2010-8 s 21
	def unit title assessor ins A2010-8 s 21
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1*
5 Oct 2001	5 Oct 2001–
9 Mar 2002	A2001-58	new Act and amendments by A2001-44 and A2001-56	
R1 (RI)
27 Sept 2002	5 Oct 2001–
9 Mar 2002	A2001-58	reissue for retrospective amendments by A2002-30	
R2*
10 Mar 2002	10 Mar 2002–
16 Sept 2002	A2001-58	amendments by A2001-58	
R2 (RI)
27 Sept 2002	10 Mar 2002–
16 Sept 2002	A2001-58	reissue for retrospective amendments by A2002-30	
R3
27 Sept 2002	17 Sept 2002–
5 Apr 2003	A2002-30	amendments by A2002-30	
R4
7 Apr 2003	6 Apr 2003–
30 June 2003	A2002-56	commenced expiry	
R5
1 July 2003	1 July 2003–
11 May 2005	A2002-56	amendments by A2002-56	
R6
12 May 2005	12 May 2005–
1 June 2005	A2005-25	amendments by A2005-25	
R7
2 June 2005	2 June 2005–
13 Sept 2005	A2005-25	amendments by A2005-20	
R8*
14 Sept 2005	14 Sept 2005–
15 Nov 2006	A2005-37	amendments by A2005-37	
R9
16 Nov 2006	16 Nov 2006–
30 Mar 2008	A2006-42	amendments by A2006-42	
R10
31 Mar 2008	31 Mar 2008–
17 Apr 2008	A2007-25	amendments by A2007-25	
R11
18 Apr 2008	18 Apr 2008–
1 Feb 2009	A2008-9	amendments by A2008-9	
R12
2 Feb 2009	2 Feb 2009–
30 Mar 2009	A2008-45	amendments by A2008-37 and A2008-45	
R13
31 Mar 2009	31 Mar 2009–
30 June 2009	A2008-45	amendments by A2008-45	
R14
1 July 2009	1 July 2009–
9 Sept 2009	A2008-45	amendments by A2008-45	
R15
10 Sept 2009	10 Sept 2009–
30 Sept 2009	A2008-45	amendments by A2008-45	
R16*
1 Oct 2009	1 Oct 2009–
16 Dec 2009	A2008-45	commenced expiry	
R17
17 Dec 2009	17 Dec 2009–
2 Sept 2010	A2009-49	amendments by A2009-49	
R18
3 Sept 2010	3 Sept 2010–
20 Dec 2010	A2010-24	amendments by A2010-8 and A2010-24	
R19
21 Dec 2010	21 Dec 2010–
31 Mar 2011	A2010-50	amendments by A2010-50	
R20
1 Apr 2011	1 Apr 2011–
30 June 2011	A2010-50	expiry of provision (s 62 (4)-(6))	

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