Australian Capital Territory Current Acts

UNIT TITLES ACT 2001 - SECT 160

    (1)     An owners corporation may apply to the territory planning 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 territory planning authority may—

        (a)     grant the cancellation authority; or

        (b)     refuse to grant the cancellation authority.

    (3)     The territory planning 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 territory planning authority may grant a cancellation authority despite the owners corporation's failure to obtain an interested nonvoter's agreement if the territory planning 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 territory planning 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 territory planning 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.