Unit Titles (Management) Act 2011 (ACT)
Unit Titles (Management) Act 2011
A2011-41
Republication No 23
Effective: 17 July 2025
Republication date: 17 July 2025
Last amendment made by A2024‑29
(republication for expiry of transitional provisions (pt 14))
About this republication
The republished law
This is a republication of the Unit Titles (Management) Act 2011 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 July 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 17 July 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Unit Titles (Management) Act 2011
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 2
6 Objects of Act 3
Part 2 Management of units plans
Division 2.1 Who manages a units plan?
7 Owners corporation 4
Division 2.2 Owners corporation—general
8 Owners corporation—establishment 4
9 Owners corporation—legal status 5
9A Execution of documents by owners corporation 5
Division 2.3 Owners corporation—membership and representatives
10 Members of owners corporation 6
11 Part-owners of units—authorisation of representatives 6
12 Part-owners of units—functions of representatives 7
13 Company-owned units—authorisation of representatives 8
14 Company-owned units—functions of representatives 9
15 Evidence of representative status 9
Part 3 Functions of owners corporations
Division 3.1 Functions generally
16 Owners corporation—functions 10
17 Owners corporation—general meetings 10
Division 3.2 Functions relating to property
19 Common property 11
20 Dealings with common property 11
21 Dealings in property generally 13
22 Special privileges relating to common property 13
23 Installation of sustainability and utility infrastructure on common property 14
Division 3.3 Maintenance and other services
24 Maintenance obligations 16
25 Developer to prepare maintenance schedule 18
26 Other qualifications on owners corporation’s maintenance obligations 18
27 Structural defects—owners corporation may represent members 19
28 Owners corporation—entry to units 20
29 Work on behalf of particular unit owners or occupiers 21
30 Recovery of costs—agreements under s 29 21
31 Recovery of expenditure resulting from member or unit occupier’s fault 22
Division 3.4 Other matters
32 Unit owners etc keeping animals 22
33 Restriction on owners corporation during developer control period 25
33A Developer control period—ACAT authorisation of actions 25
33B Consent to building management statements for existing buildings 26
Part 4 People helping the owners corporation exercise its functions
Division 4.1 Executive committees
34 Executive committee—establishment 27
35 Executive committee—functions 27
36 Executive committee—what it must, may and cannot do 28
37 Executive committee—meetings 28
38 Executive committee—before the first annual general meeting 28
39 Executive committee—at and from the first annual general meeting 29
39A Executive committee—additional requirements for mixed use units plan 30
40 Executive committee—office-holders 31
41 Executive committee—chairperson’s functions 31
42 Executive committee—secretary’s functions 32
43 Executive committee—treasurer’s functions 33
44 Executive committee—delegation 34
45 Executive committee—contractors and employees 34
46 Executive members—code of conduct 35
47 Executive members—protection from liability 35
48 Executive committee—validity of acts 35
Division 4.2 Managers
49 Definitions—div 4.2 35
50 Manager—contract 36
51 Manager not to be contracted for longer than 3 years 37
52 Manager—functions 37
53 Manager—transfer 37
54 Manager—ending contract 38
55 Manager—remedial breaches 40
56 Manager—code of conduct 41
57 Manager—public liability insurance 41
58 Manager—delegated functions 42
Division 4.3 Service contractors
59 Definitions—div 4.3 42
60 Service contractor—contract 42
61 Service contractor not to be contracted for longer than 25 years 43
62 Service contractor—functions 43
63 Service contractor—transfer 44
64 Service contractor—ending contract 45
65 Service contractor—remedial breaches 46
Division 4.4 Communication officers
66 Communications officer—appointment 47
67 Communications officer—function 48
Part 5 Financial management
Division 5.1 Financial functions generally
68 Owners corporation must have bank account 49
69 Owners corporation may invest 49
70 Owners corporation may borrow 49
71 Owners corporation must not carry on business 50
Division 5.2 Administrative, special purpose and sinking funds
72 Definitions—div 5.2 50
73 Administrative fund 51
74 Special purpose fund 51
75 General fund—budget 51
76 General fund—what must be paid into the fund? 53
77 General fund—what can fund be used for? 54
78 General fund—contributions 54
79 General fund—notice of contributions 55
80 General fund—when are contributions payable? 56
81 Sinking fund 56
82 Sinking fund plan 56
83 Sinking fund plan—meaning of expected sinking fund expenditure 57
84 Sinking fund plan—when must it be approved? 58
85 Sinking fund plan—review 59
86 Sinking fund plan—amendment 59
87 Sinking fund—what must be paid into the fund? 59
88 Sinking fund—what can fund be used for? 60
89 Sinking fund—contributions 60
90 Sinking fund—notice of contributions 62
91 Sinking fund—when are contributions payable? 62
92 General and sinking funds in staged developments 63
Division 5.3 Powers in relation to money owing to owners corporation
93 Discounts—amounts owing 63
94 Interest—amounts owing 64
95 Recovery of amounts owing 64
96 Security for unpaid amounts—declaration of charge 64
97 Security for unpaid amounts—discharge 65
98 Liability of part-owners 66
Division 5.4 Insurance
99 Meaning of building and land—div 5.4 66
100 Building insurance requirements 67
100A Lodgment of insurance claims 69
101 Exemption from building insurance requirements 69
102 Public liability insurance by owners corporation 70
103 Application of insurance money by owners corporation 71
104 Additional insurance—owners corporation 71
105 Additional insurance—unit owners 72
Part 6 Owners corporation rules
Division 6.1 Rules—generally
106 What are the rules of an owners corporation? 73
107 Effect of rules 73
108 Owners corporation may make alternative rules 74
108A Effect of registration of alternative rule 76
109 Breach of rules—rule infringement notice 76
110 Breach of rules—failure to comply with rule infringement notice 77
111 Breach of rules—request for rule infringement notice 78
112 Application of Legislation Act 78
Division 6.2 Rules—particular matters
Subdivision 6.2.1 Special privileges in relation to common property
112A Grant of special privileges in relation to common property 79
112B Amendment or revocation of special privilege rule 80
Subdivision 6.2.2 Rules about animals
112C Owners corporation may make pet friendly rule 80
Part 7 Owners corporation records
113 Corporate register—establishment 82
114 Corporate register—information to be included 82
115 Corporate register—provision of information 83
116 Corporate register—access 85
117 Names and addresses of executive members 86
118 Insurance information 86
119 Unit title certificates 87
119A Unit title rental certificate information 88
119B Updating unit title rental certificate information 89
120 Acting on information in unit title certificate 89
120A Access to owners corporation records 90
121 Offence—failure to provide information, certificate or access to owners corporation records 91
122 Owners corporation name, address and letterbox 91
123 Service of documents on owners corporation 92
124 Service of documents on members, interested people and occupiers 93
Part 8 Dispute resolution
125 Disputes—generally 95
126 Disputes involving the owners corporation—particular matters 95
127 Disputes about rules—general 96
128 Disputes about rules—special privilege rules 97
129 Kinds of ACAT orders 98
Part 9 Protection of financiers for service contracts
130 Meaning of financed service contract and financier—pt 9 101
131 Who is a financier for a service contract? 101
132 Financed service contract—notice of change 102
133 Financed service contract—limitation on ending 102
134 Financed service contract—person authorised to act for financier 103
135 Financed service contract—agreement between owners corporation and financier prohibited 104
Part 10 Administrators
Division 10.1 Interested parties
136 Who may apply for an administration order? 105
137 ACAT appearances and service of applications 105
Division 10.2 Appointment, removal and functions
138 Appointment of administrator 106
139 Removal or replacement of administrator 106
140 Functions of administrator 107
141 Delegation by administrator 107
Part 11 Miscellaneous
Division 11.1 Mortgage insurance
142 Mortgage insurance of unit 108
143 Payment under mortgage insurance policies 108
144 Transfer of mortgagee’s interest to insurer 108
Division 11.2 Miscellaneous
145 Determination of fees 109
146 Approved forms 109
147 Regulation-making power 110
Schedule 1 Codes of conduct 111
Part 1.1 Executive committees—code of conduct 111
1 Understanding of Act and code 111
2 Honesty and fairness 111
3 Care and diligence 111
4 Acting in owners corporation’s best interests 111
5 Complying with Act and code 111
6 Nuisance 112
7 Unconscionable conduct 112
8 Conflict of interest 112
Part 1.2 Managers—code of conduct 113
1 Knowledge of Act and code 113
2 Honesty, fairness and professionalism 113
3 Skill, care and diligence 113
4 Acting in owners corporation’s best interests 113
5 Keeping owners corporation informed of developments 113
6 Ensuring employees comply with Act and code 113
7 Fraudulent or misleading conduct 114
8 Unconscionable conduct 114
9 Conflict of duty or interest 114
10 Goods and services to be supplied at competitive prices 114
11 Manager to demonstrate keeping of particular records 115
Schedule 2 Executive committees 116
Part 2.1 What the executive committee must, may and cannot do 116
2.1 Executive committee must keep minutes, and records and accounts 116
2.1A Working out the annual budget for audit purposes 119
2.2 Executive committee must present financial statements at annual general meeting 120
2.3 Executive committee must present insurance details at annual general meeting 121
2.4 Approving use of common property 122
2.5 Decisions about taking legal action 122
2.6 Taking urgent legal action 123
2.7 Decisions about staged development 124
Part 2.2 Executive committee—meetings and procedures 125
2.8 Meetings of executive committee 125
2.9 Quorum of executive committee 125
2.10 Voting of executive committee 126
2.11 Chairperson—meetings 126
Schedule 3 General meetings 127
Part 3.1 General meetings 127
3.1 Conduct of general meetings 127
3.2 Annual general meetings 127
3.3 First annual general meeting 128
3.4 First annual general meeting—developer to deliver records 128
3.5 General meetings other than annual general meetings 129
3.6 Notice of general meetings 129
3.7 Requirements for notice of general meetings 130
3.8 Defective notice of meetings 131
3.9 Quorum at a general meeting—owners corporation with 3 or more members 132
3.10 Notice of reduced quorum decisions and adjournments 133
3.11 Reduced quorum decisions—effect 134
3.12 Quorum at a general meeting—owners corporation with 2 members 134
3.13 Chairperson at a general meeting 135
Part 3.2 Resolutions at general meetings 136
3.14 Decision-making at general meetings 136
3.15 Ordinary resolutions 136
3.16 Special resolutions 137
3.17 Unopposed resolutions 139
3.18 Unanimous resolutions 139
3.19 Evidence of resolutions of owners corporation 140
Part 3.3 Voting at general meetings 141
3.20 Who is entitled to vote? 141
3.21 General meeting—decisions about staged development 141
3.21A General meeting—decisions about defective building work 142
3.22 One vote—1 unit 142
3.23 Voting by mortgagees 143
3.24 Mortgagee voting notice—amendment and revocation 143
3.25 Evidence of mortgagee’s entitlement to vote 144
3.26 Proxy votes 145
3.27 Proxy votes—limit on developer 145
3.28 Value of votes 146
3.29 Polls 147
3.30 Voting by chairperson 147
3.31 Absentee votes 147
3.31A Alternative voting mechanism 148
3.32 People under 18 or under other legal disabilities 148
3.33 Declaration by chairperson of result of voting 149
Dictionary150
Endnotes
1 About the endnotes 159
2 Abbreviation key 159
3 Legislation history 160
4 Amendment history 163
5 Earlier republications 180
6 Expired transitional or validating provisions 182
Unit Titles (Management) Act 2011
An Act to provide for the management of units plans, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Unit Titles (Management) Act 2011.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘class A unit—see the Unit Titles Act 2001, section 10.’ means that the term ‘class A unit’ is defined in that Act, section 10 and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Objects of Act
The objects of this Act are to—
(a)make it clear who is responsible for managing units plans; and
(b)help people who manage, or help in the management of units plans, understand and exercise their functions; and
(c)assist in the resolution of disputes in relation to the management of units plans; and
(d)make the law about the management of units plans easier to use generally.
Part 2Management of units plans
Division 2.1 Who manages a units plan?
Owners corporation
The owners corporation for a units plan is responsible for managing the units plan.
NoteAn owners corporation may be helped by 1 or more of the following:
(a)the executive committee of the owners corporation;
(b)a manager engaged under s 50;
(c)a service contractor engaged under s 60.
Division 2.2 Owners corporation—general
Owners corporation—establishment
(1)On the registration of a units plan, an owners corporation for the units plan is established under the name ‘The Owners—Units Plan No X ’.
(2)To remove any doubt, an owners corporation continued in existence under this Act is established under this section.
Note 1An owners corporation in existence under the Unit Titles Act 2001 immediately before the commencement of s 150 (expired) is continued in existence as an owners corporation under that section.
Note 2Establish includes constitute and continue in existence (see Legislation Act, dict, pt 1, def establish).
(3)In this section:
X means the number given to the units plan by the registrar-general on its registration.
Owners corporation—legal status
(1)An owners corporation is a corporation.
(2)An owners corporation—
(a)has perpetual succession; and
(b)may have a common seal; and
(c)may sue and be sued in its corporate name.
9AExecution of documents by owners corporation
An owners corporation must execute a document in 1 of the following ways:
(a)if the owners corporation has a common seal—by attaching the seal to the document—
(i)as authorised by a resolution of the owners corporation; and
(ii)with 2 executive members witnessing the attaching and signing the document as witnesses;
(b)without using a common seal—
(i)by 2 executive members, as authorised by a resolution of the owners corporation, signing the document; or
(ii)if a manager for the owners corporation is delegated this function—by the manager, as authorised by a resolution of the owners corporation, signing the document.
Division 2.3 Owners corporation—membership and representatives
Members of owners corporation
(1)The members of an owners corporation for a units plan are the owners of the units.
(2)If a unit is owned by 2 or more part-owners, each part-owner is a member of the owners corporation.
Part-owners of units—authorisation of representatives
(1)This section applies if a unit is owned by 2 or more part-owners.
(2)The part-owners of the unit must, by written notice to the owners corporation, authorise an individual to represent them as their agent (the part-owners’ representative) for this Act.
(3)The part-owners’ representative must be one of the owners.
NoteIf a company is a part-owner of the unit, the company’s own representative may also be authorised as the part-owners’ representative (see s 14 (Company-owned units—functions of representatives)).
(4)The notice of authorisation must—
(a)be given to the owners corporation within 14 days after the lodgment for registration of the instrument under which the unit first becomes owned by the part-owners; and
(b)include the full name and an address for correspondence of the representative; and
(c)be signed by each part-owner of the unit.
(5)The part-owners of the unit may change their representative by written notice to the owners corporation.
(6)The notice of change of authorisation must—
(a)include the full name and an address for correspondence of the new representative; and
(b)be signed by each part-owner of the unit.
(7)The part-owners’ representative may change the address for correspondence of the representative by written notice to the owners corporation.
(8)The notice of change of address must be signed by the representative.
(9)This section may be enforced in the same way as a rule of the owners corporation (see section 107 (Effect of rules)).
Part-owners of units—functions of representatives
(1)This section applies if a unit is owned by 2 or more part-owners.
(2)Anything that an owner of the unit may do, or is required to do, under this Act may be done by the part-owners’ representative acting as the agent for the part-owners.
(3)Any document, including a notice, that this Act requires the owners corporation or someone else to give to the part-owners may be given to the representative alone on their behalf under section 124 (Service of documents on members, interested people and occupiers).
NoteThe owners corporation must give notice of a general meeting to the part-owners’ representative on behalf of the part-owners to comply with sch 3, s 3.6 (1) (a) (which requires notices to be given to each member of the owners corporation).
(4)If a document is given to the part-owners by being given to the representative on their behalf, the representative must tell the other part-owners that the document has been given to the representative and (if asked) give them a copy of the document.
(5)Subsection (4) may be enforced in the same way as a rule of the owners corporation (see section 107 (Effect of rules)).
Example—s (4) and s (5)
In breach of s (4), a part-owners’ representative for a unit does not tell a part‑owner of the unit about a notice of a determination of general fund contribution (under s 78 (1)) given to the representative on the unit owners’ behalf.
The part-owner may rely on s (5) to enforce s (4) against the representative for the unit. The relevant enforcement action is the same as for a breach of the owners corporation rules—a civil action for breach of an agreement under seal (see s 107).
Company-owned units—authorisation of representatives
(1)This section applies if a company is the owner of a unit.
NoteOwner includes a part-owner (see dict).
(2)The company must, by written notice to the owners corporation, authorise an individual to represent it as its agent (the company’s representative) for this Act.
(3)The company’s representative must be an officer or employee of the company.
(4)The notice of authorisation must—
(a)be given to the owners corporation within 14 days after the lodgment for registration of the instrument under which the company becomes an owner of the unit; and
(b)include the full name and an address for correspondence of the representative; and
(c)be signed on behalf of the company.
(5)The company may change its representative by written notice to the owners corporation.
(6)The notice of change of authorisation must—
(a)include the full name and an address for correspondence of the new representative; and
(b)be signed on behalf of the company.
(7)The company’s representative may change the address for correspondence of the representative by written notice to the owners corporation.
(8)The notice of change of address must be signed by the representative.
(9)This section may be enforced in the same way as a rule of the owners corporation (see section 107 (Effect of rules)).
Company-owned units—functions of representatives
(1)This section applies if a company is the owner of a unit.
(2)Anything that the company may do, or is required to do, under this Act may be done by the company’s representative acting as the agent for the company.
(3)Any document, including a notice, that this Act requires the owners corporation or someone else to give to the company may be given to the representative on its behalf under section 124 (Service of documents on members, interested people and occupiers).
NoteThe owners corporation must give notice of a general meeting to the company’s representative on behalf of the company to comply with sch 3, s 3.6 (1) (a) (which requires notices to be given to each member of the owners corporation).
Evidence of representative status
Evidence of any of the following facts about a part-owners’ representative or a company’s representative may be given by a certificate executed by the executive committee:
(a)the fact that the authorisation of a named representative was in force on a stated date;
(b)the fact that a stated address for correspondence for a representative was the latest address for correspondence for the representative notified to the corporation on a stated date.
Part 3Functions of owners corporations
Division 3.1 Functions generally
Owners corporation—functions
(1)An owners corporation for a units plan has the following functions:
(a)the enforcement of its rules;
(b)the control, management and administration of the common property;
(c)any other function given to the corporation under this Act or another territory law.
Note 1The executive committee of an owners corporation exercises the functions of the corporation (see s 35 (1)). The executive committee must exercise its functions in accordance with any decision made by the owners corporation at a general meeting (see s 35 (3)).
Note 2A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
(2)The owners corporation must comply with all applicable laws in force in the Territory.
Owners corporation—general meetings
Schedule 3 applies to general meetings of an owners corporation for a units plan.
Division 3.2 Functions relating to property
Common property
(1)An owners corporation for a units plan holds the common property as agent 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.
NoteThe owners corporation may, by ordinary resolution, decide to hold sustainability infrastructure installed on common property as trustee for the unit owners (see s 23 (3)).
(2)The owners corporation must give all members of the corporation opportunity for the reasonable use and enjoyment of the common property.
Dealings with common property
(1)An owners corporation for a units plan may, if authorised by a special resolution, on conditions and for purposes stated in the resolution—
(a)grant or vary an easement over any part of the common property; or
(b)take or vary an easement granted for the benefit of the common property; or
(c)release an easement granted for the benefit of the common property.
Note The owners corporation may, by ordinary resolution, grant an easement or any other right over the common property for the purpose of the installation, operation or maintenance of sustainability or utility infrastructure (see s 23 (1) (c)).
(2)The owners corporation may not transfer, sublet or mortgage, at law or in equity, its interest in the common property.
(3)However, the owners corporation may sublet its interest in any part of the common property to an entity for not longer than 5 years—
(a)for the purpose of a business or other activity; and
Examples
coffee cart, florist, parcel locker service
(b)if—
(i)authorised by a special resolution; and
(ii)the affected part of the common property is not the subject of a grant of special privilege under section 22; and
(iii)the business or other activity carried out under the sublease does not unreasonably interfere with the reasonable use or enjoyment of any part of a unit or the common property; and
Examples—unreasonable interference
·restricting access to a unit
·obstructing views from a unit balcony
(c)subject to a condition stating that the entity must take out and maintain public liability insurance for the affected part of the common property in relation to each of the following events happening:
(i)death, bodily injury or illness to anyone;
(ii)loss of, or damage to, the property of anyone.
(4)Public liability insurance under subsection (3) (c) must be for a total amount of liability of at least the amount agreed, in writing, by the owners corporation and the entity.
(5)For section 71, an owners corporation is not carrying on business if the corporation receives income from subletting any part of the common property under subsection (3).
Dealings in property generally
(1)An owners corporation for a units plan may, if authorised by an ordinary resolution—
(a)hold property for a use in accordance with its functions; or
(b)dispose of that property.
(2)However, the only interests in land that an owners corporation may hold, at law or in equity, are as follows:
(a)the lease of the common property;
(b)an easement granted for the benefit of the common property;
(c)a registered charge under section 96 securing an amount payable to the corporation;
(d)an interest in the common property of a community title scheme that includes the land subdivided by the units plan.
Special privileges relating to common property
(1)An owners corporation for a units plan may, if authorised by a special resolution, grant a special privilege for a period of less than 3 months to—
(a)a unit owner; or
(b)someone else with an interest in a unit.
Example
a right to the exclusive use of a pool area for a private party
NoteA special privilege that is granted for a period of 3 months or more must be granted by a special privilege rule (see s 112A).
(2)A grant under subsection (1) may be terminated, in accordance with a special resolution, by written notice given by the owners corporation to the person to whom the grant was made.
(3)The owners corporation may only grant a special privilege under this section—
(a)with the consent of the grantee of the special privilege; and
(b)subject to a condition that states that the maintenance requirement is the responsibility of 1 of the following:
(i)the owners corporation;
(ii)the grantee.
(4)A condition that states that the maintenance requirement is the responsibility of the grantee—
(a)must state the type and frequency of maintenance the grantee must undertake; and
(b)relieves the owners corporation of its obligations under section 24 to the extent the rule places this obligation on the grantee.
(5)A grantee must not unreasonably withhold consent mentioned in subsection (3) (a).
Installation of sustainability and utility infrastructure on common property
(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
NoteIf 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.
Division 3.3 Maintenance and other services
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);
NoteThis 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.
Developer to prepare maintenance schedule
(1)The developer of a units plan must prepare a schedule for maintenance of the common property (the developer’s maintenance schedule).
NoteThe developer must give the initial maintenance schedule to the owners corporation at the first annual general meeting of the corporation (see sch 3, s 3.4).
(2)The developer’s maintenance schedule must contain the matters prescribed by regulation.
(3)The owners corporation is not required to comply with the developer’s maintenance schedule in meeting its maintenance obligations for the common property under section 24.
(4)In any legal proceeding—
(a)the developer’s maintenance schedule may be considered for the purpose of determining whether or not a defect in, or damage to, a building could have been avoided by taking stated action; but
(b)the provision of the developer’s maintenance schedule to the owners corporation does not affect any obligations of the developer in relation to structural defects, warranties or similar matter in relation to the building.
Other qualifications on owners corporation’s maintenance obligations
(1)An owners corporation’s obligation under section 24 (1) (d) to maintain the defined parts of a building containing class A units does not require the corporation to carry out any painting of a unit unless the painting is necessary because of other maintenance being carried out by the owners corporation.
(2)If the lease of a unit or the common property is subject to a building and development provision, section 24 (1) does not apply to the owners corporation until the territory planning authority issues a certificate under the Planning Act 2023, section 368 (Certificates of compliance)—
(a)for the building and development provision; and
(b)for any building and development provision to which any of the other leases are subject.
(3)In this section:
defined parts, of a building containing class A units—see section 24 (4).
Structural defects—owners corporation may represent members
(1)This section applies if a building, or the site of a building, that is part of the units or common property of a units plan, has a structural defect that affects, or is likely to affect, the support or shelter provided by that part of the building or site to another part of the building or site.
(2)The owners corporation for the units plan may, by ordinary resolution, take legal action for the rectification of the structural defects if—
(a)the legal action could be taken by a member of the corporation; and
(b)the member does not take the legal action within a reasonable time after the defect becomes known.
(3)If the owners corporation takes legal action under this section—
(a)the corporation and not the member who could have taken the action is liable for the costs incurred by the corporation in taking the legal action; and
(b)the corporation and not the member may take the benefit of any order for costs in the corporation’s favour in the legal action.
(4)For this section, the owners corporation takes legal action if the corporation—
(a)begins a proceeding; or
(b)continues a proceeding.
Owners corporation—entry to units
(1)An owners corporation for a units plan does not have a right to enter a unit in the units plan without the consent of the owner or occupier, except in accordance with this section.
(2)The owners corporation may enter the unit without notice to the owner or occupier of the unit if the access is required in an emergency.
Examples—emergencies
1 water is flowing from 1 unit into another unit and is causing damage
2 an external glass window in the unit is dislodged and is likely to fall
(3)If entry to the unit is required to inspect or maintain the common property of the units plan, a person may enter the unit on behalf of the owners corporation if—
(a)the executive committee authorises the entry, and the person to enter, by resolution; and
(b)the executive committee gives the owner or occupier written notice that the entry must be allowed on a stated day.
(4)A notice under subsection (3) (b) must be given to the owner or occupier not less than 7 days before the entry it relates to.
Work on behalf of particular unit owners or occupiers
An owners corporation for a units plan may, if authorised by an ordinary resolution, enter into and carry out an agreement with an owner or occupier of a unit for—
(a)the maintenance of the unit; or
(b)the provision of facilities or services for the unit (or its owner or occupier).
Recovery of costs—agreements under s 29
(1)This section applies to an agreement for the maintenance of a unit, or the provision of facilities or services for a unit (or its owner or occupier), if—
(a)the agreement is authorised under section 29; and
(b)the owners corporation is not responsible for the maintenance, facilities or services under section 24.
(2)The owners corporation may recover the cost of carrying out the agreement as a debt from the person with whom the agreement was entered.
(3)If the agreement applies to a number of units, the amount recoverable for each unit is (unless the people with whom the agreement was entered agree in writing otherwise) as follows:
(4)In subsection (3):
total cost means the total cost of carrying out the agreement.
total unit entitlement of relevant units means the total unit entitlement of all units that the agreement applies to.
NoteUnit entitlement—see the Unit Titles Act 2001, s 8.
Recovery of expenditure resulting from member or unit occupier’s fault
(1)This section applies if an owners corporation for a units plan has in carrying out its functions incurred an expense, or carried out work, that is necessary because of—
(a)a wilful or negligent act or omission of a member of the corporation, or an occupier of the member’s unit; or
(b)a breach of its rules by a member of the corporation, or an occupier of the member’s unit.
(2)The amount spent or the cost of the work is recoverable by the owners corporation from the member as a debt.
(3)If the owners corporation recovers an amount under subsection (2) from a member for an act, omission or breach of an occupier of the member’s unit, the member may recover the amount from the occupier as a debt.
(4)In this section:
expense, includes a reasonable legal expense reasonably incurred, including a legal expense relating to a proceeding in the ACAT.
work, carried out by an owners corporation, means maintenance or anything else the corporation is authorised under this Act to do.
Division 3.4 Other matters
Unit owners etc keeping animals
(1)A unit owner or occupier of a unit may keep an animal, or allow an animal to be kept, within the unit or the common property—
(a)if the animal is an assistance animal; or
(b)if the animal is not an assistance animal, only if—
(i)if the rules of the owners corporation include a pet friendly rule—the animal is kept in accordance with the pet friendly rule; or
(ii)the owners corporation consents to the animal being kept.
NoteOther territory laws also apply to keeping animals—for example, Animal Welfare Act 1992, Biosecurity Act 2023, Nature Conservation Act 2014 and Residential Tenancies Act 1997.
(2)The owners corporation may give consent under this section with or without conditions.
(3)The owners corporation—
(a)must respond to any request for consent under this section and the response must—
(i)be in writing; and
(ii)if the request is refused—give reasons for the refusal; and
(iii)if the consent is given subject to conditions—state the conditions; and
(b)may delegate its decision-making power under this section to the executive committee; and
(c)is taken to consent to the request if the owners corporation does not take action under paragraph (a) within 3 weeks of the day on which the request was made.
NoteThe owners corporation may also delegate this power to the manager (see s 58 (1)).
(4)The owners corporation may—
(a)only withhold consent on reasonable grounds; and
(b)impose reasonable conditions on the consent.
Examples—par (a)
1 unacceptable risk of damage or soiling of common property that cannot be addressed through reasonable conditions
2 unacceptable risk of nuisance to other unit owners or occupiers that cannot be addressed through reasonable conditions
3 unacceptable risk of the animal escaping the unit unsupervised that cannot be addressed through reasonable conditions
4 unacceptable risk to health or safety of other unit owners or occupiers or the general public that cannot be addressed through reasonable conditions
5 keeping the animal on the units plan would be contrary to a territory law
Examples—par (b)
1 requiring supervision of the animal when the animal is on the common property
2 requiring cleaning of any areas of the units plan that are soiled by the animal
3 requiring the unit to be secured to prevent the escape of the animal
(5)In this section:
animal includes—
(a)an amphibian; and
(b)a bird; and
(c)a fish; and
(d)a mammal (other than a human being); and
(e)a reptile.
occupier includes a person who has entered into a residential tenancy agreement in relation to the unit even if—
(a)the residential tenancy agreement has not yet started; or
(b)the person has not yet taken possession of the unit; or
(c)the person has not yet obtained any required consent from the lessor to keep an animal in the unit under the Residential Tenancies Act 1997.
Restriction on owners corporation during developer control period
An owners corporation for a units plan must not, during the developer control period, do any of the following:
(a)enter into a contract unless—
(i)the contract is disclosed in each contract to sell a unit in the units plan; and
(ii)either—
(A)the contract is for a period not longer than 2 years; or
(B)the ACAT authorises the corporation entering into the contract in accordance with section 33A;
NoteThis section also applies to the engagement of a manager or service contractor under div 4.2 or div 4.3.
(b)other than with the approval of the ACAT under section 33A—change the rules of the corporation;
(c)approve the keeping of an animal in a unit unless the right to keep an animal was reserved in each contract to sell a unit in the units plan.
33ADeveloper control period—ACAT authorisation of actions
(1)The owners corporation for a units plan (the applicant) may apply to the ACAT for authority to do 1 or more of the following during the developer control period:
(a)enter into a contract that the corporation is otherwise prohibited from entering;
(b)change the rules of the corporation.
(2)The applicant must provide written notice of the application to—
(a)each unit owner; and
(b)if there is a mortgagee or other registered interest holder for a unit in the units plan—the mortgagee or registered interest holder.
(3)The entities mentioned in subsection (2) are parties to the application.
(4)The ACAT may authorise the owners corporation entering into a contract mentioned in subsection (1) (a) if the ACAT is satisfied the terms of the contract are reasonable in all the circumstances.
(5)The ACAT may authorise the owners corporation changing the rules of the corporation if the ACAT is satisfied that the change is fair in the circumstances.
(6)However, this section does not apply if the developer has not entered into a contract for the sale of any of the units in the units plan.
33BConsent to building management statements for existing buildings
(1)An owners corporation for a units plan for an existing relevant building may, if authorised by a special resolution, consent to an application under the Land Titles Act 1925, section 123I (Territory planning authority approval of building management statement) for—
(a)approval of a building management statement; or
(b)an amendment to a registered building management statement.
(2)In this section:
relevant building—see the Land Titles Act 1925, section 123C (1).
Part 4People helping the owners corporation exercise its functions
Division 4.1 Executive committees
Executive committee—establishment
On the establishment of an owners corporation, the executive committee of the corporation is established.
Executive committee—functions
(1)The executive committee of an owners corporation exercises the functions of the corporation.
(2)Without limiting subsection (1), the executive committee’s functions include the following:
(a)developing matters in relation to—
(i)the common property; and
(ii)the strategic affairs of the owners corporation;
(b)submitting matters developed under paragraph (a) to the owners corporation for consideration;
(c)monitoring the owners corporation’s financial performance;
(d)approving the annual financial statements and budget for presentation to the owners corporation at the corporation’s annual general meeting;
(e)supervising the treasurer, secretary, manager (if any) and communications officer (if any);
(f)carrying out the decisions of the owners corporation made at general meetings.
(3)The executive committee must exercise its functions—
(a)as the corporation directs by resolution at a general meeting; or
(b)in the absence of a resolution—as the committee considers appropriate.
NoteThe resolution required under s (3) (a) is an ordinary resolution, unless the Act provides that the resolution should be a special, unopposed or unanimous resolution—see sch 3, s 3.14 (Decision-making at general meetings).
Executive committee—what it must, may and cannot do
The executive committee must act in accordance with schedule 2, part 2.1.
Executive committee—meetings
Schedule 2, part 2.2 applies to executive committee meetings.
Executive committee—before the first annual general meeting
(1)Until the first annual general meeting of an owners corporation, the members of the executive committee are all the members of the corporation.
(2)Until the first annual general meeting, the executive committee may exercise a function of the owners corporation only if authorised to do so by a special resolution.
Executive committee—at and from the first annual general meeting
(1)This section applies to the executive committee of an owners corporation beginning at the corporation’s first annual general meeting.
(2)The number of members of the executive committee (the executive members) is decided as follows:
(a)if there are only 1, 2 or 3 members of the owners corporation—each member of the owners corporation is an executive member;
(b)if there are 4 or more members of the owners corporation—the members of the corporation must, at a general meeting, decide—
(i)by ordinary resolution to have 3 to 7 executive members; or
(ii)by special resolution to have 8 or more executive members.
(3)If the number of members of the owners corporation is equal to or falls below the number of executive members as decided by the corporation, all the members of the corporation are executive members (even if not nominated or elected).
(4)An executive member—
(a)must be a qualified person for the units plan; and
(b)is elected (if necessary) by ordinary resolution at each annual general meeting; and
(c)holds office until the earlier of—
(i)the next annual general meeting; and
(ii)the executive member ceasing to be a qualified person.
(5)An executive member (the removed member) of an owners corporation may be removed by the ordinary resolution that elects a qualified person to replace the removed member until the next annual general meeting.
(6)The executive committee of an owners corporation may appoint a qualified person to fill a casual vacancy on the committee until the next annual general meeting.
(7)In this section:
associate, of a manager, means—
(a)a business partner of the manager; or
(b)a close friend of the manager; or
(c)a family member of the manager.
manager—see section 49.
qualified person, for a units plan, means a person (other than the manager or associate of the manager) who is—
(a)the owner of a unit in the units plan; or
(b)if the unit is owned by a company or 2 or more part-owners—a representative for the company or the part-owners, as the case requires.
NoteAn adult (the principal) may appoint a person to do anything for the principal that the principal can lawfully do by an attorney (see Powers of Attorney Act 2006, s 13).
39AExecutive committee—additional requirements for mixed use units plan
(1)This section applies if the schedule of lease provisions under a units plan provides for—
(a)at least 1 unit for residential use only; and
(b)at least 1 unit for non-residential use.
(2)In addition to the requirements under section 39, the executive committee of the owners corporation must include, if feasible, at least—
(a)1 member who is the owner of a unit mentioned in subsection (1) (a); and
(b)1 member who is the owner of a unit mentioned in subsection (1) (b).
(3)An owner or executive member may apply to the ACAT for an order requiring an election to be held to satisfy the requirement under subsection (2).
Executive committee—office-holders
(1)The executive committee must elect—
(a)a chairperson; and
(b)a secretary; and
(c)a treasurer.
(2)The committee may elect a person to 2 or more positions.
Executive committee—chairperson’s functions
(1)The functions of the chairperson are—
(a)to chair general meetings of the owners corporation and meetings of the executive committee; and
(b)to set the agenda for general meetings and executive meetings, in consultation with the secretary and owners corporation manager (if any) and in accordance with guidelines under subsection (2); and
(c)to talk to the secretary, treasurer and manager (if any) about the exercise of their functions.
(2)The Minister may make guidelines about items that the chairperson must include on an agenda under this section.
(3)A guideline is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Executive committee—secretary’s functions
The functions of the secretary are—
(a)on behalf of the executive committee—
(i)to give notice of meetings of the executive committee and general meetings; and
(ii)to prepare and send out to executive members minutes of executive meetings; and
(iii)to prepare and send out to members of the owners corporation minutes of general meetings; and
(iv)to keep the records of the owners corporation, other than the records mentioned in schedule 2, section 2.1 (1) (f) (which are financial records); and
(b)on behalf of the executive committee, and the owners corporation, to give notices under the Act; and
(c)on behalf of the owners corporation—
(i)to give certificates required under the Act; and
(ii)to prepare and answer correspondence; and
(d)to give any other administrative support to the executive committee or owners corporation.
Executive committee—treasurer’s functions
The functions of the treasurer are—
(a)on behalf of the owners corporation, to give to each unit owner notice of—
(i)a determination of general fund contributions under section 78 (1); and
(ii)a determination of sinking fund contributions under section 89 (1); and
(b)on behalf of the owners corporation—
(i)to pay all amounts the corporation receives into the corporation’s account in accordance with section 68 (1) (b); or
(ii)if the owners corporation is exempt from section 68 (1)—to receive, acknowledge receipt of, and account for amounts paid to the corporation; and
NoteAn owners corporation for a units plan with only 2 or 3 units may, by unopposed resolution, exempt itself from s 68 (1) (see s 68 (2)).
(c)on behalf of the owners corporation, to pay amounts the corporation spends out of the corporation’s account, in accordance with section 68 (1) (c), as authorised by the executive committee; and
(d)on behalf of the executive committee, to keep the records (the records) mentioned in schedule 2, section 2.1 (1) (f); and
(e)if the owners corporation requires the records to be audited—to arrange for the records to be audited by a qualified auditor; and
(f)to give financial reports to meetings of the executive committee to allow the committee to monitor the financial performance of the owners corporation; and
(g)to prepare and certify the annual financial statements mentioned in schedule 2, section 2.2 (1).
Executive committee—delegation
(1)An executive committee may delegate its functions to—
(a)a sub-committee; or
(b)1 or more executive members.
NoteA function that has been delegated by the executive committee may, despite the delegation, be exercised by the committee (see Legislation Act, s 240). For the making of delegations and the exercise of delegated functions generally, see the Legislation Act, pt 19.4.
(2)An owners corporation may, by ordinary resolution, impose conditions or restrictions on its executive committee’s powers of delegation.
Executive committee—contractors and employees
(1)An executive committee of an owners corporation may engage or employ people on the terms it considers appropriate to help in the exercise of the corporation’s functions.
NoteAn owners corporation may engage a manager (see div 4.2) and service contractors (see div 4.3).
(2)However, the executive committee may only engage a person under this section—
(a)on a short-term basis; or
(b)for functions other than those for which a manager or service contractor would usually be engaged to undertake.
(3)An owners corporation may, by ordinary resolution, impose conditions or limitations on its executive committee’s power to engage or employ people.
Executive members—code of conduct
An executive member must comply with the code of conduct set out in schedule 1, part 1.1.
Executive members—protection from liability
(1)An executive member is not civilly liable for conduct engaged in honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the conduct was in the exercise of a function under this Act.
(2)Any civil liability that would, apart from this section, attach to the executive committee attaches instead to the owners corporation.
(3)In this section:
conduct means an act or omission to do an act.
Executive committee—validity of acts
An act done honestly by an executive committee is not invalid only because there was a defect or irregularity in or in relation to the member’s election or appointment.
Division 4.2 Managers
Definitions—div 4.2
In this division:
management contract means a contract to provide management services to an owners corporation.
management services means services provided by a manager in exercising the manager’s functions.
manager means a person—
(a)contracted under section 50; or
(b)with whom an owners corporation has a management contract.
Manager—contract
(1)An owners corporation for a units plan may, by ordinary resolution, enter into a management contract with any of the following:
(a)a person holding a licence as a real estate agent under the Agents Act 2003;
NoteThe commissioner for fair trading may issue a conditional real estate licence to a person who acts, or intends to act, only as the manager of an owners corporation (see Agents Act 2003, s 34).
(b)a member of the corporation;
(c)someone else who is not a manager of another owners corporation, and whose income as manager of the corporation will not be the person’s primary source of income.
(2)The management contract—
(a)must state—
(i)the remuneration of the manager; and
(ii)the functions of the owners corporation that the manager is to exercise; and
(b)may include other conditions agreed between the owners corporation and the manager.
(3)Without limiting subsection (1), an owners corporation enters into a management contract if the corporation engages a person to carry out management services.
Manager not to be contracted for longer than 3 years
(1)An owners corporation must not enter into a management contract with a manager for longer than 3 years (including any period for which the contract may be renewed or extended).
(2)If an owners corporation enters into a management contract for longer than 3 years, the contract is taken, for all purposes, to be a contract for 3 years.
Manager—functions
A manager has—
(a)the functions stated in the manager’s contract; and
(b)any other function delegated to the manager under section 58.
Manager—transfer
(1)A manager’s rights under a management contract may be transferred only if the transfer is approved by the owners corporation by ordinary resolution.
(2)In deciding whether to approve the proposed transfer, the owners corporation may consider the following:
(a)the character of the proposed transferee and associates of the proposed transferee;
(b)the proposed transferee’s financial standing;
(c)the terms of the proposed transfer;
(d)the competence, qualifications and experience of the proposed transferee and associates of the proposed transferee;
(e)whether the proposed transferee or associates of the proposed transferee have received, or are likely to receive, training in relation to the manager’s functions;
(f)anything else relevant to the management contract.
(3)The owners corporation must decide whether to approve a proposed transfer not later than 30 days after the day the corporation is asked in writing to approve the transfer.
(4)However, the owners corporation must not—
(a)unreasonably withhold the approval to transfer; or
(b)require or receive a fee or other consideration for approving the transfer, other than reimbursement of legal or administrative expenses reasonably incurred by the corporation for the approval.
(5)If the owners corporation has not decided whether to approve a proposed transfer within the period mentioned in subsection (3), the corporation is taken to have approved the transfer.
(6)In this section:
associates of the proposed transferee means—
(a)if the proposed transferee is a corporation—the corporation’s directors, substantial shareholders and principal staff; or
(b)if the proposed transferee is a partnership or is in partnership—the partners and principal staff of the partnership.
Manager—ending contract
(1)The owners corporation may end a management contract—
(a)for a remedial breach if notice has been given under section 55; or
(b)for misbehaviour; or
(c)if the manager is an individual—if the individual—
(i)becomes bankrupt or personally insolvent; or
(ii)is convicted in the ACT of an offence punishable by imprisonment for at least 1 year; or
(iii)is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
(d)if the manager is a corporation—if the corporation becomes insolvent.
(2)However, before ending a management contract under subsection (1) (c) (ii) or (iii), the owners corporation must be satisfied that the conviction affects the manager’s suitability to exercise the manager’s functions.
(3)The owners corporation must end a management contract—
(a)if the manager is absent, other than on approved leave, for 14 consecutive days or for 28 days in any 12-month period; or
(b)for physical or mental incapacity, if the incapacity substantially affects the exercise of the manager’s functions.
(4)In this section:
insolvent—a corporation is taken to be insolvent if the corporation—
(a)is being wound up; or
(b)has had a receiver or other controller appointed; or
(c)has entered into a deed of company arrangement with its creditors; or
(d)is otherwise under external administration under the Corporations Act, chapter 5.
remedial breach means a remedial breach under section 55.
Manager—remedial breaches
(1)A manager commits a remedial breach if the manager—
(a)fails to exercise the manager’s functions; or
(b)contravenes the manager’s code of conduct; or
NoteSee sch 1, pt 1.2 for manager’s code of conduct.
(c)while exercising the manager’s functions, is grossly negligent or engages in misconduct.
(2)If the owners corporation believes on reasonable grounds that a manager has committed a remedial breach, the corporation may give the manager written notice stating—
(a)that the corporation believes the manager has committed a remedial breach; and
(b)details of the remedial breach committed, sufficient to allow the manager to identify—
(i)the function the manager failed to exercise; or
(ii)the provision of the manager’s code of conduct the corporation reasonably believes the manager contravened; or
(iii)the gross negligence or misconduct; and
(c)that the manager must, within 14 days after the day the notice is given to the manager—
(i)give the corporation a written representation explaining why the manager’s actions do not amount to a remedial breach; or
(ii)remedy the breach; and
(d)that the owners corporation may end the manager’s contract if—
(i)the manager does not comply with the notice; or
(ii)if the manager gives a written representation explaining why the manager’s actions do not amount to a remedial breach—the corporation does not accept the manager’s representation.
Manager—code of conduct
A manager must comply with the code of conduct set out in schedule 1, part 1.2.
NoteOther laws may also apply to a manager—for example, a manager who is required to be licensed as a real estate agent under the Agents Act 2003 must comply with the rules of conduct for real estate agents under the Agents Regulation 2003.
Manager—public liability insurance
(1)A manager must take out and maintain public liability insurance in relation to all of the following events happening because of any act or omission in the management of the owners corporation by the manager:
(a)death, bodily injury or illness to anyone;
(b)loss of, or damage to, the property of anyone.
(2)Public liability insurance under this section must be for a total amount of liability of at least the amount prescribed by regulation.
(3)A manager engaged to manage 2 or more owners corporations may take out and maintain a single insurance policy for this section only if—
(a)the manager’s insurer has been told that the manager manages 2 or more owners corporations; and
(b)the insurance policy covers the risk in relation to each owners corporation managed by the manager.
Manager—delegated functions
(1)The owners corporation may, in writing given to the manager, delegate to the manager any of its functions under this Act or another territory law.
(2)The executive committee may, in writing given to the manager, delegate to the manager any of its functions under this Act or another territory law.
NoteA function that has been delegated by the owners corporation or executive committee (a delegator) may, despite the delegation, be exercised by the delegator (see Legislation Act, s 240). For the making of delegations and the exercise of delegated functions generally, see the Legislation Act, pt 19.4.
Division 4.3 Service contractors
Definitions—div 4.3
In this division:
service contract means a contract to provide service contractor services to an owners corporation.
service contractor means a person—
(a)contracted under section 60; or
(b)with whom an owners corporation has a service contract.
service contractor services means services provided by a service contractor in exercising the contractor’s functions.
Service contractor—contract
(1)An owners corporation for a units plan may, by ordinary resolution, enter into a service contract with a person.
NotePt 9 provides for the protection of financiers of service contracts.
(2)Without limiting subsection (1), an owners corporation enters into a service contract if the corporation engages a person to carry out service contractor services.
(3)However, the owners corporation must not enter into a service contract for a period longer than 3 years (including any period for which the contract may be renewed or extended) unless the contract is authorised by special resolution and made after the end of the developer control period for the units plan.
(4)A service contract entered into in breach of subsection (3) is void.
(5)In this section:
units plan includes part of a units plan.
Service contractor not to be contracted for longer than 25 years
(1)An owners corporation must not enter into a service contract with a service contractor for longer than 25 years.
(2)If an owners corporation enters into a service contract with a service contractor for longer than 25 years, the contract is taken, for all purposes, to be a contract for 25 years.
Service contractor—functions
(1)A service contractor for an owners corporation helps the corporation to exercise 1 or more of the following functions in relation to the common property of the units plan:
(a)managing the common property;
(b)supervising use of the common property;
(c)maintaining and repairing the common property.
(2)In this section:
common property includes part of the common property.
Service contractor—transfer
(1)A service contractor’s rights under a service contract may be transferred only if the transfer is approved by the owners corporation by ordinary resolution.
(2)In deciding whether to approve the proposed transfer, the owners corporation may consider the following:
(a)the character of the proposed transferee and associates of the proposed transferee;
(b)the proposed transferee’s financial standing;
(c)the terms of the proposed transfer;
(d)the competence, qualifications and experience of the proposed transferee and associates of the proposed transferee;
(e)whether the proposed transferee or associates of the proposed transferee have received, or are likely to receive, training in relation to the service contractor’s functions;
(f)anything else relevant to the service contract.
(3)The owners corporation must decide whether to approve a proposed transfer not later than 30 days after the day the corporation is asked in writing to approve the transfer.
(4)However, the owners corporation must not—
(a)unreasonably withhold the approval to transfer; or
(b)require or receive a fee or other consideration for approving the transfer, other than reimbursement of legal or administrative expenses reasonably incurred by the corporation for the approval.
(5)If the owners corporation has not decided whether to approve a proposed transfer within the period mentioned in subsection (3), the corporation is taken to have approved the transfer.
(6)In this section:
associates of the proposed transferee means—
(a)if the proposed transferee is a corporation—the corporation’s directors, substantial shareholders and principal staff; or
(b)if the proposed transferee is a partnership or is in partnership—the partners and principal staff of the partnership.
Service contractor—ending contract
(1)The owners corporation may end a service contract—
(a)for a remedial breach if notice has been given under section 65; or
(b)for misbehaviour; or
(c)if the service contractor is an individual—if the individual—
(i)becomes bankrupt or personally insolvent; or
(ii)is convicted in the ACT of an offence punishable by imprisonment for at least 1 year; or
(iii)is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
(d)if the service contractor is a corporation—if the corporation becomes insolvent.
(2)However, before ending a service contract under subsection (1) (c) (ii) or (iii), the owners corporation must be satisfied that the conviction affects the service contractor’s suitability to exercise the contractor’s functions.
(3)The owners corporation must end a service contract—
(a)if the service contractor is absent, other than on approved leave, for 14 consecutive days or for 28 days in any 12-month period; or
(b)for physical or mental incapacity, if the incapacity substantially affects the exercise of the service contractor’s functions.
(4)In this section:
insolvent—a corporation is taken to be insolvent if the corporation—
(a)is being wound up; or
(b)has had a receiver or other controller appointed; or
(c)has entered into a deed of company arrangement with its creditors; or
(d)is otherwise under external administration under the Corporations Act, chapter 5.
remedial breach means a remedial breach under section 65.
Service contractor—remedial breaches
(1)A service contractor commits a remedial breach if the service contractor—
(a)fails to exercise the service contractor’s functions; or
(b)while exercising the service contractor’s functions, is grossly negligent or engages in misconduct.
(2)If the owners corporation believes on reasonable grounds that a service contractor has committed a remedial breach, the corporation may give the service contractor written notice stating—
(a)that the corporation believes the service contractor has committed a remedial breach; and
(b)details of the remedial breach committed, sufficient to allow the service contractor to identify—
(i)the function the service contractor failed to exercise; or
(ii)the gross negligence or misconduct; and
(c)that the service contractor must, within 14 days after the day the notice is given to the service contractor —
(i)give the corporation a written representation explaining why the service contractor’s actions do not amount to a remedial breach; or
(ii)remedy the breach; and
(d)that the owners corporation may end the service contract if—
(i)the service contractor does not comply with the notice; or
(ii)if the service contractor gives a written representation explaining why the service contractor’s actions do not amount to a remedial breach—the corporation does not accept the service contractor’s representation.
Division 4.4 Communication officers
Communications officer—appointment
(1)This section applies to an owners corporation for a units plan if the units plan has 7 or more units.
(2)The owners corporation may, by ordinary resolution, appoint an owners corporation communications officer.
NoteFor the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
(3)Without limiting subsection (2)—
(a)a person may be appointed as a communications officer whether or not the person is a member of the owners corporation; and
(b)the corporation may appoint the officer as a volunteer or may pay the officer.
Communications officer—function
(1)A communications officer helps the owners corporation by improving communication so that conflict within the units plan is avoided, minimised or resolved.
(2)To improve communication, the communications officer may do 1 or more of the following:
(a)monitor communication techniques and procedures adopted by the owners corporation for internal communication between the corporation, the executive committee, unit owners and residents;
(b)identify for the executive committee ways in which internal communication can be improved;
(c)alert the executive committee, or committee members, if the officer becomes aware of potential conflict;
(d)advise the executive committee about ways in which the risk of conflict in the units plan can be minimised;
(e)be available to the executive committee, or committee members, to be consulted about any internal communication matter.
(3)However, the communications officer must not try to mediate or directly resolve a dispute.
Part 5Financial management
Division 5.1 Financial functions generally
Owners corporation must have bank account
(1)An owners corporation for a units plan must—
(a)open and maintain an account with 1 or more authorised deposit-taking institutions; and
(b)pay all amounts it receives into the account; and
(c)pay all amounts it spends out of the account.
Note 1An authorised deposit-taking institution is an institution (eg a bank, credit union or building society) that is authorised under the Banking Act 1959 (Cwlth), s 9 (3) (see Legislation Act, dict, pt 1).
Note 2An owners corporation may open and maintain more than 1 account. Words in the singular number include the plural (see Legislation Act, s 145 (b)).
(2)An owners corporation for a units plan with only 2 or 3 units may, by unopposed resolution, exempt itself from subsection (1).
(b)for a company that is the owner or a part-owner of a unit—see section 13 (Company-owned units—authorisation of representatives); or
(c)for a mortgagee that has given a mortgagee voting notice to an owners corporation—see schedule 3, section 3.23 (Voting by mortgagees).
retirement village—see the Retirement Villages Act 2012, section 10.
rule, for an owners corporation, means a rule of the owners corporation under section 106.
rule infringement notice—see section 109 (2).
secretary, for an owners corporation, means the secretary of the corporation elected under section 40.
service contract, for division 4.3 (Service contractors)—see section 59.
service contractor, for division 4.3 (Service contractors)—see section 59.
service contractor services, for division 4.3 (Service contractors)—see section 59.
sinking fund, for division 5.2 (Administrative, special purpose and sinking funds)—see section 81 (2).
sinking fund contribution—see section 89 (1).
sinking fund plan, for division 5.2 (Administrative, special purpose and sinking funds)—see section 82 (2).
special privilege means a right, other than a sublease, granted to a person to use the common property of a units plan in a manner that is additional to, or restrictive of, the rights of other people (who are not granted the special privilege) to use the common property.
special privilege rule—see section 112A (1).
special purpose fund, for division 5.2 (Administrative, special purpose and sinking funds)—see section 74 (1).
special resolution means a resolution of a general meeting passed as required by schedule 3, section 3.16.
staged development—see the Unit Titles Act 2001, section 17 (4) (Unit title applications—general requirements).
standard quorum—see schedule 3, section 3.9 (Quorum at a general meeting—owners corporations with 3 or more members).
sustainability infrastructure—
(a) means infrastructure or equipment that—
(i)if installed in relation to a units plan—
(A)improves the environmental sustainability of the units; or
(B)reduces the environmental impact of the owners corporation and the units owners; and
(ii)if installed in relation to a unit—
(A)improves the environmental sustainability of the unit; or
(B)reduces the environmental impact of the unit; and
(b)includes related utility service connections and equipment.
total general fund contribution, for division 5.2 (Administrative, special purpose and sinking funds)—see section 75 (2) (a).
total sinking fund contribution, for division 5.2 (Administrative, special purpose and sinking funds)—see section 82 (3) (b).
treasurer, for an owners corporation, means the treasurer of the corporation elected under section 40.
unanimous resolution means a resolution of a general meeting passed as required by schedule 3, section 3.18.
unit—see the Unit Titles Act 2001, section 9.
unit entitlement—see the Unit Titles Act 2001, section 8.
unit owner means the registered proprietor of the lease of the unit and includes a part-owner.
NoteThe term owner is also defined in the dictionary with the same meaning.
units plan—see the Unit Titles Act 2001, dictionary.
unit subsidiary—see the Unit Titles Act 2001, section 12.
unit title rental certificate—see section 119 (1) (c).
unit title sale certificate—see section 119 (1) (a).
unit title sale update certificate—see section 119 (1) (b).
unopposed resolution means a resolution of a general meeting passed as required by schedule 3, section 3.17.
utility conduit—see the Unit Titles Act 2001, dictionary.
utility infrastructure means infrastructure and equipment necessary for, or related to, the provision of utility services.
utility services—see the Unit Titles Act 2001, dictionary.
voting value—see schedule 3, section 3.28 (2).
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Unit Titles (Management) Act 2011 A2011-41
notified LR 3 November 2011
s 1, s 2 commenced 3 November 2011 (LA s 75 (1))
remainder commenced 30 March 2012 (s 2 and CN2012-6)as amended by
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.51
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 3 pt 3.51 commenced 5 June 2012 (s 2 (1))Justice and Community Safety Legislation Amendment Act 2012 A2012‑30 sch 1 pt 1.5
notified LR 13 June 2012
s 1, s 2 commenced 13 June 2012 (LA s 75 (1))
sch 1 pt 1.5 commenced 14 June 2012 (s 2)Justice and Community Safety Legislation Amendment Act 2013 (No 2) A2013-11 sch 1 pt 1.9
notified LR 28 March 2013
s 1, s 2 commenced 28 March 2013 (LA s 75 (1))
sch 1 pt 1.9 commenced 4 April 2013 (s 2)Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014‑49 sch 1 pt 1.23
notified LR 10 November 2014
s 1, s 2 commenced 10 November 2014 (LA s 75 (1))
sch 1 pt 1.23 commenced 17 November 2014 (s 2)Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 A2015‑19 pt 20
notified LR 11 June 2015
s 1, s 2 commenced 11 June 2015 (LA s 75 (1))
pt 20 commenced 1 July 2015 (s 2 and CN2015-9)Statute Law Amendment Act 2015 (No 2) A2015‑50 sch 3 pt 3.33
notified LR 25 November 2015
s 1, s 2 commenced 25 November 2015 (LA s 75 (1))
sch 3 pt 3.33 commenced 9 December 2015 (s 2)Courts and Other Justice Legislation Amendment Act 2018 A2018-9 pt 17
notified LR 29 March 2018
s 1, s 2 commenced 29 March 2018 (LA s 75 (1))
pt 17 commenced 26 April 2018 (s 2)Retirement Villages Legislation Amendment Act 2019 A2019-10 pt 6
notified LR 11 April 2019
s 1, s 2 commenced 11 April 2019 (LA s 75 (1))
pt 6 commenced 1 July 2019 (s 2 (1) and CN2019-11)Unit Titles Legislation Amendment Act 2020 A2020-4 pt 12
notified LR 27 February 2020
s 1, s 2 commenced 27 February 2020 (LA s 75 (1))
s 111 commenced 30 April 2020 (s 2 (1) and CN2020-11)pt 12 remainder commenced 1 November 2020 (s 2 (1) and
)
CN2020-11Justice Legislation Amendment Act 2020 A2020-42 pt 29
notified LR 27 August 2020
s 1, s 2 commenced 27 August 2020 (LA s 75 (1))
pt 29 commenced 1 November 2020 (s 2 (5) and see Unit Titles Legislation Amendment Act 2020 A2020-4, s 2 (1) and CN2020-11)Planning and Unit Titles Legislation Amendment Act 2021 A2021-5 pt 6
notified LR 8 April 2021
s 1, s 2 commenced 8 April 2021 (LA s 75 (1))
pt 6 commenced 9 April 2021 (s 2)Planning and Unit Titles Legislation Amendment Act 2021 (No 2) A2021-25 sch 1 pt 1.4
notified LR 17 November 2021
s 1, s 2 commenced 17 November 2021 (LA s 75 (1))
sch 1 pt 1.4 commenced 18 November 2021 (s 2)Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.39
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.39 commenced 24 August 2022 (s 2)Unit Titles Legislation Amendment Act 2023 A2023-24 pt 5
notified LR 23 June 2023
s 1, s 2 commenced 23 June 2023 (LA s 75 (1))
pt 5 commenced 1 July 2023 (s 2)Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.65
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.65 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Justice and Community Safety Legislation Amendment Act 2023 (No 3) A2023-57 pt 18, sch 1 pt 1.7
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
pt 18 commenced 12 December 2023 (s 2 (1))
sch 1 pt 1.7 commenced 12 December 2023 (s 2 (6) (b))Biosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.11
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))sch 2 pt 2.11 commenced 15 May 2025 (s 2 and see Biosecurity Act 2023 A2023-50, s 2 (2))
Housing and Consumer Affairs Legislation Amendment Act 2024 A2024-29 pt 10
notified LR 9 July 2024
s 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2))
pt 10 commenced 16 July 2024 (s 2 (1))Amendment history
Commencement
s 2om LA s 89 (4)
Notes
s 4(2), (3) exp 30 March 2013 (s 4 (3))
Owners corporation—establishment
s 8 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 8am A2020-4 s 61; ss renum R13 LA
Owners corporation—legal status
s 9 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 9am A2012‑21 amdt 3.198; A2020-4 s 62
Execution of documents by owners corporation
s 9Ains A2020-4 s 63
Members of owners corporation
s 10 hdgbracketed note exp 30 March 2013 (s 4 (3))
Part-owners of units—authorisation of representatives
s 11 hdgbracketed note exp 30 March 2013 (s 4 (3))
Part-owners of units—functions of representatives
s 12 hdgbracketed note exp 30 March 2013 (s 4 (3))
Company-owned units—authorisation of representatives
s 13 hdgbracketed note exp 30 March 2013 (s 4 (3))
Company-owned units—functions of representatives
s 14 hdgbracketed note exp 30 March 2013 (s 4 (3))
Evidence of representative status
s 15 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 15am A2020-4 s 64
Owners corporation—functions
s 16 hdgbracketed note exp 30 March 2013 (s 4 (3))
Exemptions for units plans with 4 or fewer units
s 18 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 18om A2020-4 s 65
Common property
s 19 hdgbracketed note exp 30 March 2013 (s 4 (3))
Dealings with common property
s 20 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 20am A2023‑24 s 20; A2024‑29 s 114
Dealings in property generally
s 21 hdgbracketed note exp 30 March 2013 (s 4 (3))
Special privileges relating to common property
s 22 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 22sub A2020-4 s 66
Installation of sustainability and utility infrastructure on common property
s 23am A2024‑29 s 115, s 116
Maintenance obligations
s 24 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 24am A2020-4 s 67; ss renum R13 LA
Developer to prepare maintenance schedule
s 25 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 25sub A2020-4 s 68
Other qualifications on owners corporation’s maintenance obligations
s 26 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 26am A2023-36 amdt 1.385
Structural defects—owners corporation may represent members
s 27 hdgbracketed note exp 30 March 2013 (s 4 (3))
Owners corporation—entry to units
s 28 hdgbracketed note exp 30 March 2013 (s 4 (3))
Work on behalf of particular unit owners or occupiers
s 29 hdgbracketed note exp 30 March 2013 (s 4 (3))
Recovery of costs—agreements under s 29
s 30 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 30am A2015‑50 amdt 3.156
Recovery of expenditure resulting from member or unit occupier’s fault
s 31 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 31am A2018‑9 s 116
Unit owners etc keeping animals
s 32 hdgbracketed note exp 30 March 2013 (s 4 (3))
sub A2020-4 s 69
s 32am A2020-4 ss 70-72; ss renum R13 LA; A2024‑11 amdt 2.33
Restriction on owners corporation during developer control period
s 33 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 33am A2020-4 ss 73-75
Developer control period—ACAT authorisation of actions
s 33Ains A2020-4 s 76
Consent to building management statements for existing buildings
s 33Bins A2023‑24 s 21
am A2023-57 amdt 1.12
Executive committee—establishment
s 34 hdgbracketed note exp 30 March 2013 (s 4 (3))
Executive committee—functions
s 35 hdgbracketed note exp 30 March 2013 (s 4 (3))
Executive committee—before the first annual general meeting
s 38 hdgbracketed note exp 30 March 2013 (s 4 (3))
Executive committee—at and from the first annual general meeting
s 39 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 39am A2020-4 ss 77-80; A2024‑29 s 117
Executive committee—additional requirements for mixed use units plan
s 39Ains A2020-4 s 81
Executive committee—office-holders
s 40 hdgbracketed note exp 30 March 2013 (s 4 (3))
Executive committee—chairperson’s functions
s 41 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 41am A2020-4 s 82, s 83
Executive committee—secretary’s functions
s 42 hdgbracketed note exp 30 March 2013 (s 4 (3))
Executive committee—treasurer’s functions
s 43 hdgbracketed note exp 30 March 2013 (s 4 (3))
Executive committee—delegation
s 44 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 44am A2020-4 s 84
Executive committee—contractors and employees
s 45 hdgbracketed note exp 30 March 2013 (s 4 (3))
Executive committee—validity of acts
s 48 hdgbracketed note exp 30 March 2013 (s 4 (3))
Manager—contract
s 50 hdgbracketed note exp 30 March 2013 (s 4 (3))
Manager not to be contracted for longer than 3 years
s 51 hdgbracketed note exp 30 March 2013 (s 4 (3))
Manager—functions
s 52 hdgbracketed note exp 30 March 2013 (s 4 (3))
Manager—ending contract
s 54 hdgbracketed note exp 30 March 2013 (s 4 (3))
Manager—remedial breaches
s 55 hdgbracketed note exp 30 March 2013 (s 4 (3))
Manager—code of conduct
s 56 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 56am A2020-4 s 85
Manager—public liability insurance
s 57 hdgbracketed note exp 30 March 2013 (s 4 (3))
Manager—delegated functions
s 58 hdgbracketed note exp 30 March 2013 (s 4 (3))
Definitions—div 4.3
s 59 hdgbracketed note exp 30 March 2013 (s 4 (3))
Service contractor—contract
s 60 hdgbracketed note exp 30 March 2013 (s 4 (3))
Service contractor not to be contracted for longer than 25 years
s 61 hdgbracketed note exp 30 March 2013 (s 4 (3))
Service contractor—functions
s 62 hdgbracketed note exp 30 March 2013 (s 4 (3))
Service contractor—transfer
s 63 hdgbracketed note exp 30 March 2013 (s 4 (3))
Service contractor—ending contract
s 64 hdgbracketed note exp 30 March 2013 (s 4 (3))
Service contractor—remedial breaches
s 65 hdgbracketed note exp 30 March 2013 (s 4 (3))
Communications officer—appointment
s 66 hdgbracketed note exp 30 March 2013 (s 4 (3))
Communications officer—function
s 67 hdgbracketed note exp 30 March 2013 (s 4 (3))
Owners corporation must have bank account
s 68 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 68am A2020-42 s 145
Owners corporation may invest
s 69 hdgbracketed note exp 30 March 2013 (s 4 (3))
Owners corporation may borrow
s 70 hdgbracketed note exp 30 March 2013 (s 4 (3))
Owners corporation must not carry on business
s 71 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 71am A2024‑29 s 118
Definitions—div 5.2
s 72 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 72def general fund contribution om A2023‑24 s 22
def total sinking fund amount om A2013‑11 amdt 1.26
def total sinking fund contribution ins A2013‑11 amdt 1.26
Administrative fund
s 73 hdgbracketed note exp 30 March 2013 (s 4 (3))
Special purpose fund
s 74 hdgbracketed note exp 30 March 2013 (s 4 (3))
General fund—budget
s 75 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 75am A2019‑10 s 38; A2020-4 s 86; A2024‑29 s 119; pars renum R21 LA
General fund—what must be paid into the fund?
s 76am A2024‑29 s 120; pars renum R21 LA
General fund—what can fund be used for?
s 77 hdgbracketed note exp 30 March 2013 (s 4 (3))
General fund—contributions
s 78 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 78am A2020-4 s 87, s 88; A2023‑24 s 23
General fund—notice of contributions
s 79 hdgbracketed note exp 30 March 2013 (s 4 (3))
General fund—when are contributions payable?
s 80 hdgbracketed note exp 30 March 2013 (s 4 (3))
Sinking fund
s 81 hdgbracketed note exp 30 March 2013 (s 4 (3))
Sinking fund plan
s 82 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 82am A2012‑30 amdt 1.25
(2) note 1 exp 30 March 2013 (s 165 (a))
am A2013‑11 amdt 1.28; A2020-4 s 89
Sinking fund plan—meaning of expected sinking fund expenditure
s 83 hdgbracketed note exp 30 March 2013 (s 4 (3))
Sinking fund plan—when must it be approved?
s 84(1) (b) note exp 30 March 2013 (s 165 (b))
Sinking fund plan—review
s 85 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 85(b) note exp 30 March 2013 (s 165 (c))
Sinking fund plan—amendment
s 86am A2012‑30 amdt 1.26
sub A2013‑11 amdt 1.29
Sinking fund—what must be paid into the fund?
s 87 hdgbracketed note exp 30 March 2013 (s 4 (3))
Sinking fund—what can fund be used for?
s 88am A2013‑11 amdt 1.30
Sinking fund—contributions
s 89 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 89am A2013‑11 amdt 1.31, amdt 1.32; A2020-4 s 90, s 91; A2023‑24 s 23
Sinking fund—notice of contributions
s 90 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 90am A2013‑11 amdt 1.33
Sinking fund—when are contributions payable?
s 91 hdgbracketed note exp 30 March 2013 (s 4 (3))
General and sinking funds in staged developments
s 92 hdgbracketed note exp 30 March 2013 (s 4 (3))
Discounts—amounts owing
s 93 hdgbracketed note exp 30 March 2013 (s 4 (3))
Interest—amounts owing
s 94 hdgbracketed note exp 30 March 2013 (s 4 (3))
Recovery of amounts owing
s 95 hdgbracketed note exp 30 March 2013 (s 4 (3))
Security for unpaid amounts—declaration of charge
s 96 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 96am A2020-4 s 92
Security for unpaid amounts—discharge
s 97 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 97am A2020-4 s 93
Liability of part-owners
s 98 hdgbracketed note exp 30 March 2013 (s 4 (3))
Building insurance requirements
s 100 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 100sub A2020-4 s 94
Lodgment of insurance claims
s 100Ains A2020-4 s 95
am A2023‑24 s 24
Exemption from building insurance requirements
s 101 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 101am A2023‑24 s 25
Public liability insurance by owners corporation
s 102 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 102am A2020-4 s 96
Application of insurance money by owners corporation
s 103 hdgbracketed note exp 30 March 2013 (s 4 (3))
Additional insurance—owners corporation
s 104 hdgbracketed note exp 30 March 2013 (s 4 (3))
Additional insurance—unit owners
s 105 hdgbracketed note exp 30 March 2013 (s 4 (3))
Rules—generally
div 6.1 hdgins A2020-4 s 97
What are the rules of an owners corporation?
s 106 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 106notes 2, 3 exp 30 March 2013 (s 165 (d))
sub A2020-4 s 98
am A2023‑24 s 26, s 27
Effect of rules
s 107 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 107am A2020-4 s 99, s 100
Owners corporation may make alternative rules
s 108 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 108am A2019‑10 s 39; ss renum R11 LA
sub A2020-4 s 101
am A2023‑24 s 28, s 29
Effect of registration of alternative rule
s 108Ains A2020-4 s 101
am A2023‑24 s 30, s 31
Breach of rules—rule infringement notice
s 109 hdgbracketed note exp 30 March 2013 (s 4 (3))
Breach of rules—failure to comply with rule infringement notice
s 110 hdgbracketed note exp 30 March 2013 (s 4 (3))
Breach of rules—request for rule infringement notice
s 111 hdgbracketed note exp 30 March 2013 (s 4 (3))
Application of Legislation Act
s 112 hdgbracketed note exp 30 March 2013 (s 4 (3))
Rules—particular matters
div 6.2 hdgins A2020-4 s 102
Special privileges in relation to common property
sdiv 6.2.1 hdg ins A2020-4 s 102
Grant of special privileges in relation to common property
s 112Ains A2020-4 s 102
am A2023‑24 s 32
Amendment or revocation of special privilege rule
s 112Bins A2020-4 s 102
Rules about animals
sdiv 6.2.2 hdg ins A2020-4 s 102
Owners corporation may make pet friendly rule
s 112Cins A2020-4 s 102
Corporate register—establishment
s 113 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 113am A2014‑49 amdt 1.49
Corporate register—information to be included
s 114 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 114am A2015‑19 s 135; A2023‑24 s 33; A2024‑29 s 121
Corporate register—provision of information
s 115 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 115am A2015‑19 s 136, s 137; ss renum R8 LA; A2023‑24 s 34, s 35; pars renum R18 LA
Corporate register—access
s 116 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 116am A2014‑49 amdt 1.49; A2023‑24 s 36, s 37
Names and addresses of executive members
s 117 hdgbracketed note exp 30 March 2013 (s 4 (3))
Insurance information
s 118 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 118am A2020-4 s 103
Unit title certificates
s 119 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 119am A2020-4 s 104, s 105; ss renum R13 LA; A2021‑5 s 16; ss renum R14 LA; A2023‑24 s 38; ss renum R18 LA
sub A2024‑29 s 122
Unit title rental certificate information
s 119Ains A2024‑29 s 122
Updating unit title rental certificate information
s 119Bins A2024‑29 s 122
Acting on information in unit title certificate
s 120 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 120am A2024‑29 s 123
Access to owners corporation records
s 120Ains A2024‑29 s 124
Offence—failure to provide information, certificate or access to owners corporation records
s 121 hdgbracketed note exp 30 March 2013 (s 4 (3))
sub A2024‑29 s 125
s 121am A2024‑29 ss 126-128
Owners corporation name, address and letterbox
s 122 hdgbracketed note exp 30 March 2013 (s 4 (3))
Service of documents on owners corporation
s 123 hdgbracketed note exp 30 March 2013 (s 4 (3))
Service of documents on members, interested people and occupiers
s 124 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 124am A2023‑24 s 39
Disputes—generally
s 125 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 125sub A2020-4 s 106
Disputes involving the owners corporation—particular matters
s 126 hdgbracketed note exp 30 March 2013 (s 4 (3))
Disputes about rules—general
s 127 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 127sub A2020-4 s 107
Disputes about rules—special privilege rules
s 128 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 128sub A2020-4 s 107
Kinds of ACAT orders
s 129 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 129am A2020-4 ss 108-110; ss renum R13 LA; A2023‑24 s 40
Meaning of financed service contract and financier—pt 9
s 130 hdgbracketed note exp 30 March 2013 (s 4 (3))
Who is a financier for a service contract?
s 131 hdgbracketed note exp 30 March 2013 (s 4 (3))
Financed service contract—notice of change
s 132 hdgbracketed note exp 30 March 2013 (s 4 (3))
Financed service contract—limitation on ending
s 133 hdgbracketed note exp 30 March 2013 (s 4 (3))
Financed service contract—person authorised to act for financier
s 134 hdgbracketed note exp 30 March 2013 (s 4 (3))
Financed service contract—agreement between owners corporation and financier prohibited
s 135 hdgbracketed note exp 30 March 2013 (s 4 (3))
Who may apply for an administration order?
s 136 hdgbracketed note exp 30 March 2013 (s 4 (3))
ACAT appearances and service of applications
s 137 hdgbracketed note exp 30 March 2013 (s 4 (3))
Appointment of administrator
s 138 hdgbracketed note exp 30 March 2013 (s 4 (3))
Removal or replacement of administrator
s 139 hdgbracketed note exp 30 March 2013 (s 4 (3))
Functions of administrator
s 140 hdgbracketed note exp 30 March 2013 (s 4 (3))
Delegation by administrator
s 141 hdgbracketed note exp 30 March 2013 (s 4 (3))
Mortgage insurance of unit
s 142 hdgbracketed note exp 30 March 2013 (s 4 (3))
Payment under mortgage insurance policies
s 143 hdgbracketed note exp 30 March 2013 (s 4 (3))
Transfer of mortgagee’s interest to insurer
s 144 hdgbracketed note exp 30 March 2013 (s 4 (3))
Determination of fees
s 145 hdgbracketed note exp 30 March 2013 (s 4 (3))
Approved forms
s 146 hdgbracketed note exp 30 March 2013 (s 4 (3))
Regulation-making power
s 147 hdgbracketed note exp 30 March 2013 (s 4 (3))
s 147am A2020-4 s 111; ss renum R12 LA
Legislation amended—sch 5
s 148om LA s 89 (3)
Transitional
pt 12 hdgexp 30 March 2013 (s 165 (LA s 88 declaration applies))
Definitions—pt 12
s 149exp 30 March 2013 (s 165 (LA s 88 declaration applies))
def commencement day exp 30 March 2013 (s 165 (LA s 88 declaration applies))
def existing executive committee exp 30 March 2013 (s 165 (LA s 88 declaration applies))
def existing owners corporation exp 30 March 2013 (s 165 (LA s 88 declaration applies))
def UTA exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Existing corporations and executive committees
s 150exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Representatives
s 151exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Managers
s 152exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Service contracts
s 153exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Communication officers
s 154exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Administrators
s 155exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Agreements for work on behalf of unit owners or occupiers
s 156exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Sinking fund plans
s 157exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Approvals, authorisations, consents, decisions of existing owners corporation etc
s 158exp 30 March 2013 (s 165 (LA s 88 declaration applies))
General meetings notified before commencement day
s 159exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Articles of pre-2001 corporation
s 160exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Articles of owners corporation under UTA
s 161exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Transitional regulations
s 162exp 30 March 2013 (s 165)
Unit Titles (Management) Regulation 2011
s 163exp 30 March 2012 (s 163 (5) (LA s 88 declaration applies))
Transitional effect—Legislation Act, s 88
s 164exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Expiry—pt 12 etc
s 165exp 30 March 2013 (s 165 (LA s 88 declaration applies))
Transitional—Unit Titles Legislation Amendment Act 2020
pt 13 hdgins A2020-4 s 112
exp 1 November 2022 (s 172)
Meaning of commencement day—pt 13
s 166ins A2020-4 s 112
exp 1 November 2022 (s 172)
Special privileges relating to common property
s 167ins A2020-4 s 112
exp 1 November 2022 (s 172)
Obligations in relation to maintenance schedule
s 168ins A2020-4 s 112
exp 1 November 2022 (s 172)
Rules
s 169ins A2020-4 s 112
exp 1 November 2022 (s 172)
Rules—pets in units
s 170ins A2020-4 s 112
exp 1 November 2022 (s 172)
Executive committee’s audit obligations
s 171ins A2020-4 s 112
exp 1 November 2022 (s 172)
Expiry—pt 13
s 172ins A2020-4 s 112
exp 1 November 2022 (s 172)
Transitional—Housing and Consumer Affairs Legislation Amendment Act 2024
pt 14 hdgins A2024‑29 s 129
exp 16 July 2025 (s 176)
Meaning of commencement day—pt 14
s 173ins A2024‑29 s 129
exp 16 July 2025 (s 176)
Unit title certificates given before commencement day
s 174ins A2024‑29 s 129
exp 16 July 2025 (s 176)
Unit title update certificates given before commencement day
s 175ins A2024‑29 s 129
exp 16 July 2025 (s 176)
Expiry—pt 14
s 176ins A2024‑29 s 129
exp 16 July 2025 (s 176)
Executive committee must keep minutes, and records and accounts
sch 2, s 2.1 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 2, s 2.1am A2014‑49 amdt 1.49; A2020-4 ss 113-117; ss renum R13 LA; A2022-14 amdt 3.212; A2023‑24 s 41; A2023-36 amdt 1.386
Working out the annual budget for audit purposes
sch 2 s 2.1Ains A2023‑24 s 42
Executive committee must present financial statements at annual general meeting
sch 2, s 2.2 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 2, s 2.2am A2020-4 s 118
Approving use of common property
sch 2, s 2.4 hdg bracketed note exp 30 March 2013 (s 4 (3))
Decisions about taking legal action
sch 2, s 2.5 hdg bracketed note exp 30 March 2013 (s 4 (3))
Taking urgent legal action
sch 2, s 2.6 hdg bracketed note exp 30 March 2013 (s 4 (3))
Decisions about staged development
sch 2, s 2.7 hdg bracketed note exp 30 March 2013 (s 4 (3))
Meetings of executive committee
sch 2, s 2.8 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 2, s 2.8am A2020-4 s 119
Quorum of executive committee
sch 2, s 2.9 hdg bracketed note exp 30 March 2013 (s 4 (3))
Voting of executive committee
sch 2, s 2.10 hdg bracketed note exp 30 March 2013 (s 4 (3))
Chairperson—meetings
sch 2, s 2.11 hdg bracketed note exp 30 March 2013 (s 4 (3))
Conduct of general meetings
sch 3, s 3.1 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 3, s 3.1am A2020-4 s 120
Annual general meetings
sch 3, s 3.2 hdg bracketed note exp 30 March 2013 (s 4 (3))
First annual general meeting
sch 3, s 3.3 hdg bracketed note exp 30 March 2013 (s 4 (3))
First annual general meeting—developer to deliver records
sch 3, s 3.4 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 3, s 3.4am A2020-4 s 121, s 122; pars renum R13 LA
General meetings other than annual general meetings
sch 3, s 3.5 hdg bracketed note exp 30 March 2013 (s 4 (3))
Notice of general meetings
sch 3, s 3.6 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 3, s 3.6am A2019‑10 s 40
Requirements for notice of general meetings
sch 3, s 3.7 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 3, s 3.7am A2019‑10 s 41; A2020-42 s 146
Defective notice of meetings
sch 3, s 3.8 hdg bracketed note exp 30 March 2013 (s 4 (3))
Quorum at a general meeting—owners corporation with 3 or more members
sch 3, s 3.9 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 3, s 3.9am A2019‑10 s 42
Notice of reduced quorum decisions and adjournments
sch 3, s 3.10 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 3 s 3.10am A2023-57 s 49, s 50; ss renum R20 LA
Reduced quorum decisions—effect
sch 3, s 3.11 hdg bracketed note exp 30 March 2013 (s 4 (3))
Quorum at a general meeting—owners corporation with 2 members
sch 3, s 3.12 hdg bracketed note exp 30 March 2013 (s 4 (3))
Chairperson at a general meeting
sch 3, s 3.13 hdg bracketed note exp 30 March 2013 (s 4 (3))
Decision-making at general meetings
sch 3, s 3.14 hdg bracketed note exp 30 March 2013 (s 4 (3))
Ordinary resolutions
sch 3, s 3.15 hdg bracketed note exp 30 March 2013 (s 4 (3))
Special resolutions
sch 3, s 3.16 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 3, s 3.16am A2020-4 ss 123-125; ss renum R13 LA
Unopposed resolutions
sch 3, s 3.17 hdg bracketed note exp 30 March 2013 (s 4 (3))
Unanimous resolutions
sch 3, s 3.18 hdg bracketed note exp 30 March 2013 (s 4 (3))
Evidence of resolutions of owners corporation
sch 3, s 3.19 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 3, s 3.19am A2020-4 s 126
Who is entitled to vote?
sch 3, s 3.20 hdg bracketed note exp 30 March 2013 (s 4 (3))
General meeting—decisions about staged development
sch 3, s 3.21 hdg bracketed note exp 30 March 2013 (s 4 (3))
General meeting—decisions about defective building work
sch 3, s 3.21A ins A2020-4 s 127
One vote—1 unit
sch 3, s 3.22 hdg bracketed note exp 30 March 2013 (s 4 (3))
Voting by mortgagees
sch 3, s 3.23 hdg bracketed note exp 30 March 2013 (s 4 (3))
Mortgagee voting notice—amendment and revocation
sch 3, s 3.24 hdg bracketed note exp 30 March 2013 (s 4 (3))
Evidence of mortgagee’s entitlement to vote
sch 3, s 3.25 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 3, s 3.25am A2020-4 s 128
Proxy votes
sch 3, s 3.26 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 3, s 3.26am A2020-4 s 129; A2020-42 s 147, s 148; ss renum R13 LA; A2021‑5 s 17, s 18; ss renum R14 LA
Proxy votes—limit on developer
sch 3, s 3.27 hdg bracketed note exp 30 March 2013 (s 4 (3))
Value of votes
sch 3, s 3.28 hdg bracketed note exp 30 March 2013 (s 4 (3))
Polls
sch 3, s 3.29 hdg bracketed note exp 30 March 2013 (s 4 (3))
Voting by chairperson
sch 3, s 3.30 hdg bracketed note exp 30 March 2013 (s 4 (3))
Absentee votes
sch 3, s 3.31 hdg bracketed note exp 30 March 2013 (s 4 (3))
Alternative voting mechanism
sch 3, s 3.31A ins A2020-4 s 130
People under 18 or under other legal disabilities
sch 3, s 3.32 hdg bracketed note exp 30 March 2013 (s 4 (3))
sch 3, s 3.32am A2022-14 amdt 3.213
Declaration by chairperson of result of voting
sch 3, s 3.33 hdg bracketed note exp 30 March 2013 (s 4 (3))
Default rules
sch 4 hdgnotes 2, 3 exp 30 March 2013 (s 165 (e))
sch 4om A2020-4 s 131
Consequential amendments
sch 5om LA s 89 (3)
New Unit Titles (Management) Regulation
sch 6om R1 LA
Dictionary
dictam A2012‑21 amdt 3.199; A2020-4 s 132; A2023-36 amdt 1.387
def administration order am A2015‑50 amdt 3.157
def alternative rules ins A2020-4 s 133
def assistance animal ins A2020-4 s 133
def audit ins A2020-4 s 133
def building and development provision sub A2023-36 amdt 1.388
def building management statement ins A2020-4 s 133
sub A2021‑25 amdt 1.7
def company sub A2012‑21 amdt 3.200
def declared land sublease ins A2015‑19 s 138
sub A2023-36 amdt 1.388
def default rules sub A2020-4 s 134
def developer am A2015‑50 amdt 3.158
def developer’s maintenance schedule ins A2020-4 s 135
def eligible person am A2023-36 amdt 1.389; A2024‑29 s 130, s 131
def executive committee representative om A2020-4 s 136
def grantee ins A2020-4 s 137
def maintenance requirement ins A2020-4 s 137
def manager sub A2015‑50 amdt 3.159
def member sub A2015‑50 amdt 3.159
def owner, occupier or user om A2020-4 s 138
def pet friendly rule ins A2020-4 s 139
def retirement village ins A2019‑10 s 43
def rule sub A2020-4 s 140
def service contract sub A2015‑50 amdt 3.159
def service contractor sub A2015‑50 amdt 3.159
def special privilege ins A2020-4 s 141
def special privilege rule ins A2020-4 s 141
def sustainability infrastructure sub A2020-4 s 142
def total sinking fund amount om A2013‑11 amdt 1.34
def total sinking fund contribution ins A2013‑11 amdt 1.35
def unit title certificate om A2024‑29 s 132
def unit title rental certificate ins A2024‑29 s 133
def unit title sale certificate ins A2024‑29 s 133
def unit title sale update certificate ins A2024‑29 s 133
def voting value am A2015‑50 amdt 3.160
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
30 Mar 201230 Mar 2012–
30 Mar 2012not amended new Act R2
31 Mar 201231 Mar 2012–
4 June 2012not amended expiry of transitional provision (s 163) R3
5 June 20125 June 2012–
13 June 2012A2012‑21 amendments by A2012‑21 R4
14 June 201214 June 2012–
30 Mar 2013A2012‑30 amendments by A2012‑30 R5
31 Mar 201331 Mar 2013–
3 Apr 2013A2012‑30 expiry of provisions (s 4 (2), (3), pt 12 (ss 149-165), certain notes in pt 5, pt 6, sch 4 and bracketed heading notes) R6
4 Apr 20134 Apr 2013–
16 Nov 2014A2013-11 amendments by A2013-11 R7
17 Nov 201417 Nov 2014–
30 June 2015A2014‑49 amendments by A2014‑49 R8
1 July 20151 July 2015–
8 Dec 2015A2015-19 amendments by A2015-19 R9
9 Dec 20159 Dec 2015–
25 Apr 2018A2015‑50 amendments by A2015‑50 R10
26 Apr 201826 Apr 2018–
30 June 2019A2018‑9 amendments by A2018‑9 R11
1 July 20191 July 2019–
29 Apr 2020A2019-10 amendments by A2019-10 R12
30 Apr 202030 Apr 2020–
31 Oct 2020A2020-4 amendments by A2020-4 R13
1 Nov 20201 Nov 2020–
8 Apr 2021A2020‑42 amendments by A2020-4 and A2020‑42 R14
9 Apr 20219 Apr 2021–
17 Nov 2021A2021‑5 amendments by A2021‑5 R15
18 Nov 202118 Nov 2021–
23 Aug 2022A2021‑25 amendments by A2021‑25 R16
24 Aug 202224 Aug 2022–
1 Nov 2022A2022‑14 amendments by A2022‑14 R17
2 Nov 20222 Nov 2022–
30 June 2023A2022‑14 expiry of transitional provisions (pt 13) R18
1 July 20231 July 2023–
26 Nov 2023A2023‑24 amendments by A2023‑24 R19
27 Nov 202327 Nov 2023–
11 Dec 2023A2023‑36 amendments by A2023‑36 R20
12 Dec 202312 Dec 2023–
15 July 2024A2023‑57 amendments by A2023‑57 R21
16 July 202416 July 2024–
14 May 2025A2024‑29 amendments by A2024‑29 R22
15 May 202515 May 2025–
16 July 2025A2024‑29 amendments by A2024‑11
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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