Unit Titles Act 1970 (ACT)

AUSTRALIAN CAPITAL TERRITORY

unit titles act 1970

This consolidation has been prepared by the ACT Parliamentary Counsel’s Office

Updated as at 26 July 2001

TABLE OF PROVISIONS

Section

Part i—preliminary

1.Short title

2.Commencement

3.Parts

Part II—Interpretation

4.Definition of “unit” and “unit subsidiary”

5.Other definitions

6.References to proprietor, mortgagee or lessee    

7.Plural references to members, proprietors or committee-men where only 1 exists

8.References to special resolutions

9.References to unanimous resolutions

Part III—Proposals for SUBDIVISION

1. Units and unit subsidiaries

2. Proposals for subdivision

3. Documents to be included in proposals

4. Nature of diagrams to be included in proposals

5. Boundaries of units and unit subsidiaries

6. Common boundaries

7. Approval of unit titles application

8. Conditional approval of subdivision

9. Documents to be forwarded to lessee by Minister

18A.Lessee to give security in certain circumstances where proposals approved

1. Rent under lease of common property

2. Rent under leases of units

3. Final approval where conditions complied with

4. Endorsement of units plan for registration

5. Endorsement lapses after 3 months

Part IV—Effect of Registration of Units Plans

1. Subdivision of parcel made by registration

2. Leases of units and common property

3. Common property to be held in trust

4. Easements created by this Act

5. No alteration of schedule of unit entitlement

Part V—Management Corporations

Division 1—Constitution of Corporations

1. Incorporation of proprietors of units

2. Membership of corporation

3. Body corporate which is member may appoint representative

4. Legal status of corporation

5. Corporation to act through committee

Division 2—Duties, Functions and Powers of Corporations

1. General provisions

2. General duties

3. Banking and investment of moneys of corporation

4. Contributions by members of the corporation

5. Statement of members’ liability to the corporation, and inspection of books etc.

6. Names and addresses of committee-men

7. No business for profit

8. Borrowing powers

9. Breaches of articles may be remedied

10. Acquisition and alienation of property

11. Agreements with members

12. Special privileges relating to common property

13. Recovery of cost of certain repairs etc.

14. Recovery of expenditure resulting from fault

15. Liability of co-proprietors

Division 3—Committees of Corporations

1. Constitution of committee before first annual general meeting

2. Constitution of committee after first annual general meeting

3. Meetings of committee

4. Quorum of committee

5. Chairman of committee

6. Voting of committee

7. Committee may delegate duties, functions and powers

8. Committee may employ agents and servants

9. Minutes, records and accounts

10. Validity of acts of committee

Division 4—General Meetings of Corporations

1. Annual general meetings

2. Convening of first annual general meeting

3. Convening of general meeting other than the first annual general meeting

4. Notice of general meetings

5. Chairman of general meeting

6. Quorum at a general meeting

Division 5—Voting at General Meetings

1. Voting by members

2. Voting by mortgagees

3. Declaration by chairman of result of voting

4. Polls

5. Votes may be cast personally or by proxy

6. Value of votes

7. Voting by chairman

8. No vote unless dues paid

9. Absentee votes on unanimous resolutions

10. Joint voters

11. Capacity to vote

12. Courts’ powers in respect of voting

Division 6—Articles of Corporations

1. Articles of corporation

2. Effect of articles

3. Alteration of articles

4. Application of Interpretation Act

Part VI—Insurance

1. Insurance by corporation

2. Insurable interest of corporation

3. Corporation’s insurance moneys not to be brought into contribution

4. Inspection of policies and receipts for premiums

5. Mortgage insurance…