Australian Capital Territory Current Acts

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UNIT TITLES (MANAGEMENT) ACT 2011 - SECT 24

Maintenance obligations

    (1)     An owners corporation for a units plan must maintain the following:

        (a)     for a staged development—the common property included in a completed stage of the development;

        (b)     for a development that is not a staged development—the common property;

        (c)     other property that it holds;

        (d)     the defined parts of any building containing class A units (whether or not the defined parts are common property);

Note     This does not include painting, unless the painting is required because of other maintenance (see s 26 (1)).

        (e)     if a utility service mentioned in the Unit Titles Act 2001

, section 35 (Easements given by this Act) is provided for the potential benefit of all units—facilities associated with the provision of the utility services including utility conduits;

        (f)     any building on the common property that encroaches on a unit if the building is the subject of an easement declared under the Unit Titles Act 2001

, section 36 (Easements declared by owners corporations);

        (g)     as authorised by a special resolution (if any)—all buildings on all class B units on the units plan.

Example—par (g)

a special resolution authorising the owners corporation to paint all buildings on the class B units and to carry out roofing and structural repairs to all class B units, but excluding responsibility for internal painting and minor repairs of class B units

    (2)     For meeting its obligations under subsection (1), the owners corporation must prepare a maintenance plan taking into account the developer's maintenance schedule (if any).

    (3)     The maintenance plan must contain the matters prescribed by regulation.

    (4)     In this section:

"defined parts", of a building containing class A units, means—

        (a)     the following structures in the building, if load-bearing:

              (i)     walls;

              (ii)     columns;

              (iii)     footings;

              (iv)     slabs;

              (v)     beams; or

        (b)     any part of a balcony on the building.



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