Australian Capital Territory Current Acts

UNIT TITLES ACT 2001 - SECT 167A

    (1)     This section applies if the owners corporation of a units plan intends to apply for the grant of a further lease of the units and common property in the units plan under—

        (a)     the Planning Act 2023

, section 289; or

        (b)     for a units plan that subdivides land under a declared land sublease— section 167AA.

    (2)     The owners corporation must—

        (a)     hold a general meeting; and

        (b)     include in the notice of the general meeting a statement that it intends to apply for the further leases; and

        (c)     at the meeting, seek authority by ordinary resolution, to—

              (i)     on behalf of each owner of a unit in the units plan, surrender the lease for each unit under the Land Titles Act 1925

, section 86 (4); and

Note 1     The memorandum of surrender lodged with the registrar-general must be accompanied by evidence of the resolution (see Land Titles Act 1925

, s 86 (4) (b)).

Note 2     The Unit Titles (Management) Act 2011

, sch 3, s 3.19 sets out requirements for evidence of resolutions of owners corporations.

              (ii)     do anything else necessary on behalf of an owner of a unit to ensure the grant of the further leases.

Examples—par (c) (ii)

1     deal with a mortgagee in relation to the unit to obtain the mortgagee's consent to the application for the further lease

2     sign on behalf of a unit owner any document required by the registrar-general to ensure the grant of a further lease