Australian Capital Territory Current Acts

UNIT TITLES (MANAGEMENT) ACT 2011 - SECT 127

    (1)     A unit owner may apply to the ACAT for an order declaring that an alternative rule is invalid on the grounds that—

        (a)     the owners corporation does not have the power to make the rule; or

        (b)     the rule contravenes section 108 (3); or

        (c)     there was irregularity in the process for making the rule; or

        (d)     for an alternative rule about the method used to work out the proportion payable by the unit owner of the total general fund contribution under section 78 or the total sinking fund contribution under section 89 —the rule is not fair; or

        (e)     for an alternative rule about the method used to work out the proportion payable by the unit owner of the total general fund contribution under section 78 or the total sinking fund contribution under section 89 —the rule is no longer fair due to a change in circumstances related to the use of the unit or the common property.

Examples—change in circumstances of use

1     change in use of a unit from laundromat to office with the result that the unit now uses significantly less water

2     new restrictions on access to, or use of, common property such as restricting access to a swimming pool to specified unit owners only

    (2)     An application under subsection (1) (c) or (d) must be made within—

        (a)     3 months after the day the special resolution making the alternative rule is passed by the owners corporation; or

        (b)     any longer period the ACAT considers reasonable in the circumstances, provided the period is not more than 12 months after the day the special resolution making the rule is passed by the owners corporation.