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UNIT TITLES (MANAGEMENT) ACT 2011 - NOTES

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

              •     corporation

              •     director-general

              •     exercise

              •     function

              •     individual

              •     planning and land authority.

"address for correspondence", of a company, means the address of the company's office, as registered under the law under which the company is incorporated (if provided by the law).

"administration order"—see section 136.

"administrative fund", for division 5.2 (Administrative, special purpose and sinking funds)—see section 73.

"administrator", of an owners corporation, means a person who is appointed as the administrator of the corporation under part 10 (Administrators).

"appoint" includes engage.

"building"—

        (a)     for this Act generally—see the Unit Titles Act 2001

, dictionary; and

        (b)     for division 5.4 (Insurance)—see section 99.

"building and development provision", in relation to a lease—see the Planning and Development Act 2007

, section 234.

"class A unit"—see the Unit Titles Act 2001

, section 10.

"class B unit"—see the Unit Titles Act 2001

, section 11.

"common property"—see the Unit Titles Act 2001

, section 13.

"communications officer", for an owners corporation, means the owners corporation communications officer appointed by the owners corporation under section 66.

"company" means a corporation.

Note     Corporation—see the Legislation Act

, dictionary, pt 1.

"corporate register"—see section 113.

"court" includes the ACAT.

"declared land sublease"—see the Planning and Development Act 2007

, section 312C.

"default rules"—see section 106.

"developer"—see the Unit Titles Act 2001

, dictionary.

"developer control period", for a units plan, means the period that—

        (a)     starts on the day the owners corporation for the units plan is established; and

        (b)     ends on the day people other than the developer hold 1/3 or more of the unit entitlements for the units plan.

"development", of a unit or common property—see the Unit Titles Act 2001

, dictionary.

"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.

"entitled to vote", in relation to a motion at a general meeting of an owners corporation, means a person who is entitled to vote on the motion under schedule 3, section 3.20.

"executive committee", of an owners corporation, means the executive committee of the corporation established under section 34.

"executive committee representative", for schedule 4 (Default rules)—see schedule 4, rule 1 (1).

"executive member" means a member of an executive committee.

"expected sinking fund expenditure", for division 5.2 (Administrative, special purpose and sinking funds)—see section 83.

"financed service contract", for part 9 (Protection of financiers for service contracts)—see section 130.

"financial year", for an owners corporation, means—

        (a)     a period of 12 months beginning on 1 July; or

        (b)     any other period of 12 months decided by the owners corporation.

"financier", for part 9 (Protection of financiers for service contracts)—see section 131.

"full name", of a company, means the full name of the company together with the full name of its secretary or public officer (or an equivalent office-holder).

"general fund", of an owners corporation, for division 5.2 (Administrative, special purpose and sinking funds)—see section 72.

"general fund budget", for division 5.2 (Administrative, special purpose and sinking funds)—see section 75 (1).

"general fund contribution"—see section 78 (1).

"install "includes build, place, connect or erect.

"interest"—see the Unit Titles Act 2001

, dictionary.

"interested party", for an administration order—see section 136 (Who may apply for an administration order?).

"land" means—

        (a)     for this Act generally—the land subdivided by the units plan; and

        (b)     for division 5.4 (Insurance)—see section 99.

"lease", of a unit or common property—see the Unit Titles Act 2001

, dictionary.

"lessee—"see the Unit Titles Act 2001

, dictionary.

"maintenance", of a building, a facility for a utility service or a utility conduit, means maintenance in good repair and working order, and includes—

        (a)     repair; and

        (b)     replacement; and

        (c)     renewal; and

        (d)     restoration.

"management contract", for division 4.2 (Managers)—see section 49.

"management services", for division 4.2 (Managers)—see section 49.

"manager", for division 4.2 (Managers)—see section 49.

"member", of an owners corporation, is a member under section 10.

"mortgage" means a registered mortgage, or a registered encumbrance, within the meaning of the Land Titles Act 1925

.

"mortgagee "means—

        (a)     for a unit—the registered proprietor of a mortgage of the lease of the unit; or

        (b)     in any other case—the registered proprietor of a mortgage.

"mortgagee voting notice"—see schedule 3, section 3.23 (Voting by mortgagees).

"mortgage insurance policy"—see section 142.

"ordinary resolution" means a resolution of a general meeting passed as required by schedule 3, section 3.15.

"owner" means—

        (a)     for a unit—the registered proprietor of the lease of the unit and includes a part-owner; or

Note     The term unit owner is also defined in the dictionary with the same meaning.

        (b)     for common property—the owners corporation.

"owner, occupier or user", of a unit, for schedule 4 (Default rules)—see schedule 4, rule 1 (1).

"owners corporation", for a units plan, means a corporation established under section 8.

"part-owner", of a unit, means a person registered as a joint tenant or tenant in common in relation to the unit.

Note     Joint proprietors of a unit must be registered as either joint tenants or tenants in common (see Land Titles Act 1925

, s 54).

"proportional share", of a contribution payable for a unit, is the proportion of the total contributions payable for all units worked out as follows:

2011-4104.jpg

"proprietor", of an interest in land—see the Unit Titles Act 2001

, dictionary.

"reduced quorum"—see schedule 3, section 3.9 (Quorum at a general meeting—owners corporations with 3 or more members).

"reduced quorum decision"—see schedule 3, section 3.10 (Notice of reduced quorum decisions and adjournments).

"registered"see the Unit Titles Act 2001

, dictionary.

"representative"—

        (a)     for the part-owners of a unit—see section 11 (Part-owners of units—authorisation of representatives); or

        (b)     for a company that is the owner or a part-owner of a unit—see section 13 (Company-owned units—authorisation of representatives); or

        (c)     for a mortgagee that has given a mortgagee voting notice to an owners corporation—see schedule 3, section 3.23 (Voting by mortgagees).

"retirement village—"see the Retirement Villages Act 2012

, section 10.

"rule", for an owner corporation, means a rule of the corporation under section 106.

"rule infringement notice"—see section 109 (2).

"secretary", for an owners corporation, means the secretary of the corporation elected under section 40.

"service contract", for division 4.3 (Service contractors)—see section 59.

"service contractor", for division 4.3 (Service contractors)—see section 59.

"service contractor services", for division 4.3 (Service contractors)—see section 59.

"sinking fund", for division 5.2 (Administrative, special purpose and sinking funds)—see section 81 (2).

"sinking fund contribution"—see section 89 (1).

"sinking fund plan", for division 5.2 (Administrative, special purpose and sinking funds)—see section 82 (2).

"special purpose fund", for division 5.2 (Administrative, special purpose and sinking funds)—see section 74 (1).

"special resolution" means a resolution of a general meeting passed as required by schedule 3, section 3.16.

"staged development"—see the Unit Titles Act 2001

, section 17 (4) (Unit title applications—general requirements).

"standard quorum"—see schedule 3, section 3.9 (Quorum at a general meeting—owners corporations with 3 or more members).

"sustainability infrastructure", installed in relation to a units plan—

        (a)     means infrastructure and equipment that—

              (i)     improves the environmental sustainability of the units; or

              (ii)     reduces the environmental impact of the owners corporation and the unit owners; and

        (b)     includes related utility service connections and equipment.

Examples—par (a)

solar panels, clothes lines, rainwater tanks

"total general fund contribution", for division 5.2 (Administrative, special purpose and sinking funds)—see section 75 (2) (a).

"total sinking fund contribution", for division 5.2 (Administrative, special purpose and sinking funds)—see section 82 (3) (b).

"treasurer", for an owners corporation, means the treasurer of the corporation elected under section 40.

"unanimous resolution" means a resolution of a general meeting passed as required by schedule 3, section 3.18.

"unit"—see the Unit Titles Act 2001

, section 9.

"unit entitlement"—see the Unit Titles Act 2001

, section 8.

"unit owner "means the registered proprietor of the lease of the unit and includes a part-owner.

Note     The term owner is also defined in the dictionary with the same meaning.

"units plan"—see the Unit Titles Act 2001

, dictionary.

"unit subsidiary"—see the Unit Titles Act 2001

, section 12.

"unit title certificate"—see section 119.

"unopposed resolution" means a resolution of a general meeting passed as required by schedule 3, section 3.17.

"utility conduit"—see the Unit Titles Act 2001

, dictionary.

"utility infrastructure" means infrastructure and equipment necessary for, or related to, the provision of utility services.

"utility services"—see the Unit Titles Act 2001

, dictionary.

"voting value"—see schedule 3, section 3.28 (2).

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 are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act

NI = Notifiable instrument

AF = Approved form

o = order

am = amended

om = omitted/repealed

amdt = amendment

ord = ordinance

AR = Assembly resolution

orig = original

ch = chapter

par = paragraph/subparagraph

CN = Commencement notice

pres = present

def = definition

prev = previous

DI = Disallowable instrument

(prev...) = previously

dict = dictionary

pt = part

disallowed = disallowed by the Legislative

r = rule/subrule

Assembly

reloc = relocated

div = division

renum = renumbered

exp = expires/expired

R[X] = Republication No

Gaz = gazette

RI = reissue

hdg = heading

s = section/subsection

IA = Interpretation Act 1967

sch = schedule

ins = inserted/added

sdiv = subdivision

LA = Legislation Act 2001

SL = Subordinate law

LR = legislation register

sub = substituted

LRA = Legislation (Republication) Act 1996

underlining = whole or part not commenced

mod = modified/modification

or to be expired

3     Legislation history

Unit Titles (Management) Act 2011 A2011-41

notified LR 3 November 2011

s 1, s 2 commenced 3 November 2011 (LA s 75 (1))

remainder commenced 30 March 2012 (s 2 and CN2012-6

)

as amended by

Statute Law Amendment Act 2012

A2012-21 sch 3 pt 3.51

notified LR 22 May 2012

s 1, s 2 commenced 22 May 2012 (LA s 75 (1))

sch 3 pt 3.51 commenced 5 June 2012 (s 2 (1))

Justice and Community Safety Legislation Amendment Act 2012

A2012-30 sch 1 pt 1.5

notified LR 13 June 2012

s 1, s 2 commenced 13 June 2012 (LA s 75 (1))

sch 1 pt 1.5 commenced 14 June 2012 (s 2)

Justice and Community Safety Legislation Amendment Act 2013 (No 2)

A2013-11 sch 1 pt 1.9

notified LR 28 March 2013

s 1, s 2 commenced 28 March 2013 (LA s 75 (1))

sch 1 pt 1.9 commenced 4 April 2013 (s 2)

Justice and Community Safety Legislation Amendment Act 2014 (No 2)

A2014-49 sch 1 pt 1.23

notified LR 10 November 2014

s 1, s 2 commenced 10 November 2014 (LA s 75 (1))

sch 1 pt 1.23 commenced 17 November 2014 (s 2)

Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015

A2015-19 pt 20

notified LR 11 June 2015

s 1, s 2 commenced 11 June 2015 (LA s 75 (1))

pt 20 commenced 1 July 2015 (s 2 and CN2015-9

)

Statute Law Amendment Act 2015 (No 2)

A2015-50 sch 3 pt 3.33

notified LR 25 November 2015

s 1, s 2 commenced 25 November 2015 (LA s 75 (1))

sch 3 pt 3.33 commenced 9 December 2015 (s 2)

Courts and Other Justice Legislation Amendment Act 2018

A2018-9 pt 17

notified LR 29 March 2018

s 1, s 2 commenced 29 March 2018 (LA s 75 (1))

pt 17 commenced 26 April 2018 (s 2)

Retirement Villages Legislation Amendment Act 2019

A2019-10 pt 6

notified LR 11 April 2019

s 1, s 2 commenced 11 April 2019 (LA s 75 (1))

pt 6 commenced 1 July 2019 (s 2 (1) and CN2019-11

)

Unit Titles Legislation Amendment Act 2020

A2020-4 pt 12

notified LR 27 February 2020

s 1, s 2 commenced 27 February 2020 (LA s 75 (1))

s 111 commenced 30 April 2020 (s 2 (1) and CN2020-11

)

pt 12 remainder awaiting commencement

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Notes
s 4     (2), (3) exp 30 March 2013 (s 4 (3))

Owners corporation—establishment
s 8 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Owners corporation—legal status
s 9 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 9     am A2012-21

amdt 3.198

Members of owners corporation
s 10 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Part-owners of units—authorisation of representatives
s 11 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Part-owners of units—functions of representatives
s 12 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Company-owned units—authorisation of representatives
s 13 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Company-owned units—functions of representatives
s 14 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Evidence of representative status
s 15 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Owners corporation—functions
s 16 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Exemptions for units plans with 4 or fewer units
s 18 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Common property
s 19 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Dealings with common property
s 20 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Dealings in property generally
s 21 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Special privileges relating to common property
s 22 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Maintenance obligations
s 24 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Owners corporation may exempt itself from maintenance obligations
s 25 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Other qualifications on owners corporation's maintenance obligations
s 26 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Structural defects—owners corporation may represent members
s 27 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Owners corporation—entry to units
s 28 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Work on behalf of particular unit owners or occupiers
s 29 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Recovery of costs—agreements under s 29
s 30 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 30     am A2015-50

amdt 3.156

Recovery of expenditure resulting from member or unit occupier's fault
s 31 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 31     am A2018-9

s 116

Animals—owners corporation's consent
s 32 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Restriction on owners corporation during developer control period
s 33 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Executive committee—establishment
s 34 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Executive committee—functions
s 35 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Executive committee—before the first annual general meeting
s 38 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Executive committee—at and from the first annual general meeting
s 39 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Executive committee—office-holders
s 40 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Executive committee—chairperson's functions
s 41 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Executive committee—secretary's functions
s 42 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Executive committee—treasurer's functions
s 43 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Executive committee—delegation
s 44 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Executive committee—contractors and employees
s 45 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Executive committee—validity of acts
s 48 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Manager—contract
s 50 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Manager not to be contracted for longer than 3 years
s 51 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Manager—functions
s 52 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Manager—ending contract
s 54 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Manager—remedial breaches
s 55 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Manager—code of conduct
s 56 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Manager—public liability insurance
s 57 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Manager—delegated functions
s 58 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Definitions—div 4.3
s 59 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Service contractor—contract
s 60 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Service contractor not to be contracted for longer than 25 years
s 61 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Service contractor—functions
s 62 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Service contractor—transfer
s 63 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Service contractor—ending contract
s 64 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Service contractor—remedial breaches
s 65 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Communications officer—appointment
s 66 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Communications officer—function
s 67 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Owners corporation must have bank account
s 68 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Owners corporation may invest
s 69 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Owners corporation may borrow
s 70 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Owners corporation must not carry on business
s 71 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Definitions—div 5.2
s 72 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 72     def total sinking fund amount om A2013-11

amdt 1.26
    def total sinking fund contribution ins A2013-11

amdt 1.26

Administrative fund
s 73 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Special purpose fund
s 74 hdg     bracketed note exp 30 March 2013 (s 4 (3))

General fund—budget
s 75 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 75     am A2019-10

s 38

General fund—what can fund be used for?
s 77 hdg     bracketed note exp 30 March 2013 (s 4 (3))

General fund—contributions
s 78 hdg     bracketed note exp 30 March 2013 (s 4 (3))

General fund—notice of contributions
s 79 hdg     bracketed note exp 30 March 2013 (s 4 (3))

General fund—when are contributions payable?
s 80 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Sinking fund
s 81 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Sinking fund plan
s 82 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 82     am A2012-30

amdt 1.25
    (2) note 1 exp 30 March 2013 (s 165 (a))
    am A2013-11

amdt 1.28

Sinking fund plan—meaning of expected sinking fund expenditure
s 83 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Sinking fund plan—when must it be approved?
s 84     (1) (b) note exp 30 March 2013 (s 165 (b))

Sinking fund plan—review
s 85 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 85         (b) note exp 30 March 2013 (s 165 (c))

Sinking fund plan—amendment
s 86     am A2012-30

amdt 1.26
    sub A2013-11

amdt 1.29

Sinking fund—what must be paid into the fund?
s 87 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Sinking fund—what can fund be used for?
s 88     am A2013-11

amdt 1.30

Sinking fund—contributions
s 89 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 89     am A2013-11

amdt 1.31, amdt 1.32

Sinking fund—notice of contributions
s 90 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 90     am A2013-11

amdt 1.33

Sinking fund—when are contributions payable?
s 91 hdg     bracketed note exp 30 March 2013 (s 4 (3))

General and sinking funds in staged developments
s 92 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Discounts—amounts owing
s 93 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Interest—amounts owing
s 94 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Recovery of amounts owing
s 95 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Security for unpaid amounts—declaration of charge
s 96 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Security for unpaid amounts—discharge
s 97 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Liability of part-owners
s 98 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Building insurance by owners corporation
s 100 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Exemption from building insurance requirements
s 101 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Public liability insurance by owners corporation
s 102 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Application of insurance money by owners corporation
s 103 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Additional insurance—owners corporation
s 104 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Additional insurance—unit owners
s 105 hdg     bracketed note exp 30 March 2013 (s 4 (3))

What are the rules of an owners corporation?
s 106 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 106     notes 2, 3 exp 30 March 2013 (s 165 (d))

Effect of rules
s 107 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Owners corporation may amend rules
s 108 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 108     am A2019-10

s 39; ss renum R11 LA

Breach of rules—rule infringement notice
s 109 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Breach of rules—failure to comply with rule infringement notice
s 110 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Breach of rules—request for rule infringement notice
s 111 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Application of Legislation Act
s 112 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Corporate register—establishment
s 113 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 113     am A2014-49

amdt 1.49

Corporate register—information to be included
s 114 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 114     am A2015-19

s 135

Corporate register—provision of information
s 115 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 115     am A2015-19

s 136, s 137; ss renum R8 LA

Corporate register—access
s 116 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 116     am A2014-49

amdt 1.49

Names and addresses of executive members
s 117 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Insurance information
s 118 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Unit title certificate and access to owners corporation records
s 119 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Acting on information in unit title certificate
s 120 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Failure to provide information or certificate—offence
s 121 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Owners corporation name, address and letterbox
s 122 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Service of documents on owners corporation
s 123 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Service of documents on members, interested people and occupiers
s 124 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Disputes involving the owners corporation—generally
s 125 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Disputes involving the owners corporation—particular matters
s 126 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Disputes involving the executive committee
s 127 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Disputes between unit owners
s 128 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Kinds of ACAT orders
s 129 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Meaning of financed service contract and financier—pt 9
s 130 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Who is a financier for a service contract?
s 131 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Financed service contract—notice of change
s 132 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Financed service contract—limitation on ending
s 133 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Financed service contract—person authorised to act for financier
s 134 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Financed service contract—agreement between owners corporation and financier prohibited
s 135 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Who may apply for an administration order?
s 136 hdg     bracketed note exp 30 March 2013 (s 4 (3))

ACAT appearances and service of applications
s 137 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Appointment of administrator
s 138 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Removal or replacement of administrator
s 139 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Functions of administrator
s 140 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Delegation by administrator
s 141 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Mortgage insurance of unit
s 142 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Payment under mortgage insurance policies
s 143 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Transfer of mortgagee's interest to insurer
s 144 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Determination of fees
s 145 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Approved forms
s 146 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Regulation-making power
s 147 hdg     bracketed note exp 30 March 2013 (s 4 (3))
s 147     am A2020-4

s 111; ss renum R12 LA

Legislation amended—sch 5
s 148     om LA s 89 (3)

Transitional
pt 12 hdg     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Definitions—pt 12
s 149     exp 30 March 2013 (s 165 (LA s 88 declaration applies))
    def commencement day exp 30 March 2013 (s 165 (LA s 88 declaration applies))
    def existing executive committee exp 30 March 2013 (s 165 (LA s 88 declaration applies))
    def existing owners corporation exp 30 March 2013 (s 165 (LA s 88 declaration applies))
    def UTA exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Existing corporations and executive committees
s 150     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Representatives
s 151     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Managers
s 152     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Service contracts
s 153     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Communication officers
s 154     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Administrators
s 155     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Agreements for work on behalf of unit owners or occupiers
s 156     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Sinking fund plans
s 157     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Approvals, authorisations, consents, decisions of existing owners corporation etc
s 158     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

General meetings notified before commencement day
s 159     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Articles of pre-2001 corporation
s 160     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Articles of owners corporation under UTA
s 161     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Transitional regulations
s 162     exp 30 March 2013 (s 165)

Unit Titles (Management) Regulation 2011
s 163     exp 30 March 2012 (s 163 (5) (LA s 88 declaration applies))

Transitional effect—Legislation Act, s 88
s 164     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Expiry—pt 12 etc
s 165     exp 30 March 2013 (s 165 (LA s 88 declaration applies))

Executive committee must keep minutes, and records and accounts
sch 2, s 2.1 hdg     bracketed note exp 30 March 2013 (s 4 (3))
sch 2, s 2.1     am A2014-49

amdt 1.49

Executive committee must present financial statements at annual general meeting
sch 2, s 2.2 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Approving use of common property
sch 2, s 2.4 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Decisions about taking legal action
sch 2, s 2.5 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Taking urgent legal action
sch 2, s 2.6 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Decisions about staged development
sch 2, s 2.7 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Meetings of executive committee
sch 2, s 2.8 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Quorum of executive committee
sch 2, s 2.9 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Voting of executive committee
sch 2, s 2.10 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Chairperson—meetings
sch 2, s 2.11 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Conduct of general meetings
sch 3, s 3.1 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Annual general meetings
sch 3, s 3.2 hdg     bracketed note exp 30 March 2013 (s 4 (3))

First annual general meeting
sch 3, s 3.3 hdg     bracketed note exp 30 March 2013 (s 4 (3))

First annual general meeting—developer to deliver records
sch 3, s 3.4 hdg     bracketed note exp 30 March 2013 (s 4 (3))

General meetings other than annual general meetings
sch 3, s 3.5 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Notice of general meetings
sch 3, s 3.6 hdg     bracketed note exp 30 March 2013 (s 4 (3))
sch 3, s 3.6     am A2019-10

s 40

Requirements for notice of general meetings
sch 3, s 3.7 hdg     bracketed note exp 30 March 2013 (s 4 (3))
sch 3, s 3.7     am A2019-10

s 41

Defective notice of meetings
sch 3, s 3.8 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Quorum at a general meeting—owners corporation with 3 or more members
sch 3, s 3.9 hdg     bracketed note exp 30 March 2013 (s 4 (3))
sch 3, s 3.9     am A2019-10

s 42

Notice of reduced quorum decisions and adjournments
sch 3, s 3.10 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Reduced quorum decisions—effect
sch 3, s 3.11 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Quorum at a general meeting—owners corporation with 2 members
sch 3, s 3.12 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Chairperson at a general meeting
sch 3, s 3.13 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Decision-making at general meetings
sch 3, s 3.14 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Ordinary resolutions
sch 3, s 3.15 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Special resolutions
sch 3, s 3.16 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Unopposed resolutions
sch 3, s 3.17 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Unanimous resolutions
sch 3, s 3.18 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Evidence of resolutions of owners corporation
sch 3, s 3.19 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Who is entitled to vote?
sch 3, s 3.20 hdg     bracketed note exp 30 March 2013 (s 4 (3))

General meeting—decisions about staged development
sch 3, s 3.21 hdg     bracketed note exp 30 March 2013 (s 4 (3))

One vote—1 unit
sch 3, s 3.22 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Voting by mortgagees
sch 3, s 3.23 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Mortgagee voting notice—amendment and revocation
sch 3, s 3.24 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Evidence of mortgagee's entitlement to vote
sch 3, s 3.25 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Proxy votes
sch 3, s 3.26 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Proxy votes—limit on developer
sch 3, s 3.27 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Value of votes
sch 3, s 3.28 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Polls
sch 3, s 3.29 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Voting by chairperson
sch 3, s 3.30 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Absentee votes
sch 3, s 3.31 hdg     bracketed note exp 30 March 2013 (s 4 (3))

People under 18 or under other legal disabilities
sch 3, s 3.32 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Declaration by chairperson of result of voting
sch 3, s 3.33 hdg     bracketed note exp 30 March 2013 (s 4 (3))

Default rules
sch 4 hdg     notes 2, 3 exp 30 March 2013 (s 165 (e))

Consequential amendments
sch 5     om LA s 89 (3)

New Unit Titles (Management) Regulation
sch 6     om R1 LA

Dictionary
dict     am A2012-21

amdt 3.199
    def administration order am A2015-50

amdt 3.157
    def company sub A2012-21

amdt 3.200
    def declared land sublease ins A2015-19

s 138
    def developer am A2015-50

amdt 3.158
    def manager sub A2015-50

amdt 3.159
    def member sub A2015-50

amdt 3.159
    def retirement village ins A2019-10

s 43
    def service contract sub A2015-50

amdt 3.159
    def service contractor sub A2015-50

amdt 3.159
    def total sinking fund amount om A2013-11

amdt 1.34
    def total sinking fund contribution ins A2013-11

amdt 1.35
    def voting value am A2015-50

amdt 3.160

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
30 Mar 2012

30 Mar 2012–
30 Mar 2012

not amended

new Act

R2
31 Mar 2012

31 Mar 2012–
4 June 2012

not amended

expiry of transitional provision (s 163)

R3
5 June 2012

5 June 2012–
13 June 2012

A2012-21

amendments by A2012-21

R4
14 June 2012

14 June 2012–
30 Mar 2013

A2012-30

amendments by A2012-30

R5
31 Mar 2013

31 Mar 2013–
3 Apr 2013

A2012-30

expiry of provisions (s 4 (2), (3), pt 12 (ss 149-165), certain notes in pt 5, pt 6, sch 4 and bracketed heading notes)

R6
4 Apr 2013

4 Apr 2013–
16 Nov 2014

A2013-11

amendments by A2013-11

R7
17 Nov 2014

17 Nov 2014–
30 June 2015

A2014-49

amendments by A2014-49

R8
1 July 2015

1 July 2015–
8 Dec 2015

A2015-19

amendments by A2015-19

R9
9 Dec 2015

9 Dec 2015–
25 Apr 2018

A2015-50

amendments by A2015-50

R10
26 Apr 2018

26 Apr 2018–
30 June 2019

A2018-9

amendments by A2018-9

R11
1 July 2019

1 July 2019–
29 Apr 2020

A2019-10

amendments by A2019-10

6     Expired transitional or validating provisions

This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001

, s 88 (1)).

Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp' followed by the date of the expiry.

To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.





















© Australian Capital Territory 2020

ACT Crest high res small
Australian Capital Territory

A2011-41

Republication No 12

Effective: 30 April 2020

Republication date: 30 April 2020

Last amendment made by A2020-4








About this republication

The republished law

This is a republication of the Unit Titles (Management) Act 2011

(including any amendment made under the Legislation Act 2001

, part 11.3 (Editorial changes)) as in force on 30 April 2020

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 30 April 2020

.

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 $160 for an individual and $810 for a corporation (see Legislation Act 2001

, s 133).

ACT
Crest high res small
Australian Capital Territory

Unit Titles (Management) Act 2011


Part 1.1Executive committees—code of conduct93

Part 1.2Managers—code of conduct95

Part 2.1What the executive committee must, may and cannot do98

Part 2.2Executive committee—meetings and procedures105

Part 3.1General meetings107

Part 3.2Resolutions at general meetings116

Part 3.3Voting at general meetings121

Endnotes141

ACT
Crest high res small
Australian Capital Territory

Unit Titles (Management) Act 2011



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