Australian Capital Territory Current Acts

UNIT TITLES (MANAGEMENT) ACT 2011 - SECT 23

    (1)     An owners corporation for a units plan may, if authorised by an ordinary resolution—

        (a)     approve the installation of sustainability or utility infrastructure on the common property; and

        (b)     approve the financing of the installation of the sustainability or utility infrastructure; and

        (c)     grant an easement or any other right over any part of the common property for the purpose of the installation, operation or maintenance of the sustainability or utility infrastructure.

    (2)     The owners corporation may only approve the installation, and financing, of sustainability or utility infrastructure under this section if satisfied, after considering the following, the long-term benefit of the proposed infrastructure is greater than the cost of installing and maintaining the infrastructure:

        (a)     a site plan of the proposed infrastructure;

        (b)     a maintenance plan for the proposed infrastructure;

        (c)     if the proposed infrastructure is to be financed by a third party—the terms of the financing arrangements;

        (d)     the direct and indirect costs of the proposed infrastructure;

        (e)     the long-term environmental sustainability benefits of the proposed infrastructure;

        (f)     any other matter prescribed by regulation.

    (3)     The owners corporation may, by ordinary resolution, decide to hold sustainability infrastructure (including existing sustainability infrastructure) installed on common property and any income received from the operation of the infrastructure as trustee for—

        (a)     if all the units are owned by the same person—the owner; or

        (b)     in any other case—the unit owners as tenants in common in shares proportional to their unit entitlement.

Example—income

income from an electricity feed-in tariff scheme

Note     If the owners corporation does not decide to hold sustainability infrastructure as trustee for the unit owners, it holds the infrastructure as agent for the owners (see s 20 (1)).

    (4)     For section 71, an owners corporation is not carrying on business if it receives income from the operation of the sustainability infrastructure and the income is used only to pay—

        (a)     costs, including financing costs, in relation to the installation and maintenance of the infrastructure; or

        (b)     costs of utilities used by, or provided to, the owners corporation.