Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if a unit is owned by 2 or more part-owners.
(2) Anything that an owner of the unit may do, or is required to do, under this Act may be done by the part-owners' representative acting as the agent for the part-owners.
(3) Any document, including a notice, that this Act requires the owners corporation or someone else to give to the part-owners may be given to the representative alone on their behalf under section 124 (Service of documents on members, interested people and occupiers).
Note The owners corporation must give notice of a general meeting to the part-owners' representative on behalf of the part-owners to comply with sch 3, s 3.6 (1) (a) (which requires notices to be given to each member of the owners corporation).
(4) If a document is given to the part-owners by being given to the representative on their behalf, the representative must tell the other part-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 a rule of the owners corporation (see section 107 (Effect of rules)).
Example—s (4) and s (5)
In breach of s (4), a part-owners' representative for a unit does not tell a part-owner of the unit about a notice of a determination of general fund contribution (under s 78 (1)) given to the representative on the unit owners' behalf.
The part-owner may rely on s (5) to enforce s (4) against the representative for the unit. The relevant enforcement action is the same as for a breach of the owners corporation rules—a civil action for breach of an agreement under seal (see s 107).