Australian Capital Territory Current Acts

UNIT TITLES ACT 2001 - SECT 149

    (1)     An owners corporation may apply to the territory planning authority for authority (a boundary authority ) for the change of any unit or common property boundaries, together with any consequential amendment of the schedule of unit entitlement.

Note 1     A fee may be determined under s 179 for this section.

Note 2     If a form is approved under s 180 for an application, the form must be used.

    (2)     The territory planning authority may grant a boundary authority if satisfied on reasonable grounds that—

        (a)     the application is authorised by a unanimous resolution of the owners corporation made within 3 months before the application is made; and

        (b)     the corporation has obtained the written agreement of each interested nonvoter (except any interested nonvoter to whom subsection (3) applies); and

        (c)     the authorised boundary change is a minor boundary change; and

Note     A minor boundary change is a change to the boundaries of the units or the common property that is described in s 16.

        (d)     if an amendment of the schedule of unit entitlement is authorised—the amendment is necessary to reflect accurately a change in the relative improved values of the units because of the change of boundaries as authorised.

    (3)     The territory planning authority may grant a boundary authority despite the owners corporation's failure to obtain an interested nonvoter's agreement if the territory planning authority is satisfied on reasonable grounds that—

        (a)     the corporation has made reasonable efforts to obtain the agreement; and

        (b)     either—

              (i)     the interested nonvoter would not suffer any substantial long-term detriment because of the proposed change; or

              (ii)     despite that failure, it is desirable to authorise the change having regard to the overall interests of everyone with interests in the units and the common property.

    (4)     If the owners corporation applies for a boundary authority that is to remain in force for longer than 3 months, the territory planning authority may, in authorising the change, if satisfied that an extended period is justified—

        (a)     allow the extended period applied for; or

        (b)     allow a shorter extended period.