Australian Capital Territory Current Acts

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UNIT TITLES (MANAGEMENT) ACT 2011 - SECT 22

Special privileges relating to common property

    (1)     An owners corporation for a units plan may, if authorised by a special resolution, grant a special privilege for a period of less than 3 months to—

        (a)     a unit owner; or

        (b)     someone else with an interest in a unit.

Example

a right to the exclusive use of a pool area for a private party

Note     A special privilege that is granted for a period of 3 months or more must be granted by a special privilege rule (see s 112A).

    (2)     A grant under subsection (1) may be terminated, in accordance with a special resolution, by written notice given by the owners corporation to the person to whom the grant was made.

    (3)     The owners corporation may only grant a special privilege under this section—

        (a)     with the consent of the grantee of the special privilege; and

        (b)     subject to a condition that states that the maintenance requirement is the responsibility of 1 of the following:

              (i)     the owners corporation;

              (ii)     the grantee.

    (4)     A condition that states that the maintenance requirement is the responsibility of the grantee—

        (a)     must state the type and frequency of maintenance the grantee must undertake; and

        (b)     relieves the owners corporation of its obligations under section 24 to the extent the rule places this obligation on the grantee.

    (5)     A grantee must not unreasonably withhold consent mentioned in subsection (3) (a).



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