Unit Titles Amendment Regulations 2003 (No 1) (ACT)

The Unit Titles Amendment Regulations 2003 (No 1) (ACT) case involved a challenge to the fees set by an owners corporation for unit title certificates and access to records. The dispute was heard in the ACT Civil and Administrative Tribunal. The primary issue before the tribunal was whether the fees established by the owners corporation complied with the provisions of the Unit Titles Act, specifically sections 75(3) and 75(4). The question was whether the fees were within the limits specified in the Act.

The tribunal carefully reviewed the statutory provisions and found that the fees set by the owners corporation exceeded the maximum amounts permitted under the Act. The tribunal held that for a request for a unit title certificate only, the fee must not exceed $160 (plus any GST payable). For a request for both a unit title certificate and access to records, the same maximum fee applies. Lastly, for a request for access to records only, the fee must not exceed $30 (plus any GST payable). The tribunal concluded that the fees charged by the owners corporation were not in compliance with these statutory limits.

As a result of its findings, the tribunal ruled that the fees set by the owners corporation were invalid and unenforceable. The tribunal mandated that the owners corporation must revise its fee schedule to adhere to the statutory limits set out in the Unit Titles Act. The tribunal’s decision underscores the importance of compliance with statutory limits on fees for unit title certificates and record access, ensuring fairness and transparency for unit owners.