Australian Capital Territory Current Acts

UNIT TITLES (MANAGEMENT) ACT 2011

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  
   6.      Objects of Act  

   PART 2--MANAGEMENT OF UNITS PLANS

           Division 2.1--Who manages a units plan?

   7.      Owners corporation  

           Division 2.2--Owners corporation—general

   8.      Owners corporation—establishment  
   9.      Owners corporation—legal status  
   9A.     Execution of documents by owners corporation  

           Division 2.3--Owners corporation—membership and representatives

   10.     Members of owners corporation  
   11.     Part-owners of units—authorisation of representatives  
   12.     Part-owners of units—functions of representatives  
   13.     Company-owned units—authorisation of representatives  
   14.     Company-owned units—functions of representatives  
   15.     Evidence of representative status  

   PART 3--FUNCTIONS OF OWNERS CORPORATIONS

           Division 3.1--Functions generally

   16.     Owners corporation—functions  
   17.     Owners corporation—general meetings  

           Division 3.2--Functions relating to property

   19.     Common property  
   20.     Dealings with common property  
   21.     Dealings in property generally  
   22.     Special privileges relating to common property  
   23.     Installation of sustainability and utility infrastructure on common  

           Division 3.3--Maintenance and other services

   24.     Maintenance obligations  
   25.     Developer to prepare maintenance schedule  
   26.     Other qualifications on owners corporation's maintenance  
   27.     Structural defects—owners corporation may represent members  
   28.     Owners corporation—entry to units  
   29.     Work on behalf of particular unit owners or occupiers  
   30.     Recovery of costs—agreements under s 29  
   31.     Recovery of expenditure resulting from member or unit occupier's  

           Division 3.4--Other matters

   32.     Unit owners etc keeping animals  
   33.     Restriction on owners corporation during developer control period  
   33A.    Developer control period—ACAT authorisation of actions  
   33B.    Consent to building management statements for existing buildings  

   PART 4--PEOPLE HELPING THE OWNERS CORPORATION EXERCISE ITS FUNCTIONS

           Division 4.1--Executive committees

   34.     Executive committee—establishment  
   35.     Executive committee—functions  
   36.     Executive committee—what it must, may and cannot do  
   37.     Executive committee—meetings  
   38.     Executive committee—before the first annual general meeting  
   39.     Executive committee—at and from the first annual general  
   39A.    Executive committee—additional requirements for mixed use units  
   40.     Executive committee—office-holders  
   41.     Executive committee—chairperson's functions  
   42.     Executive committee—secretary's functions  
   43.     Executive committee—treasurer's functions  
   44.     Executive committee—delegation  
   45.     Executive committee—contractors and employees  
   46.     Executive members—code of conduct  
   47.     Executive members—protection from liability  
   48.     Executive committee—validity of acts  

           Division 4.2--Managers

   49.     Definitions—div 4.2  
   50.     Manager—contract  
   51.     Manager not to be contracted for longer than 3 years  
   52.     Manager—functions  
   53.     Manager—transfer  
   54.     Manager—ending contract  
   55.     Manager—remedial breaches  
   56.     Manager—code of conduct  
   57.     Manager—public liability insurance  
   58.     Manager—delegated functions  

           Division 4.3--Service contractors

   59.     Definitions—div 4.3  
   60.     Service contractor—contract  
   61.     Service contractor not to be contracted for longer than  
   62.     Service contractor—functions  
   63.     Service contractor—transfer  
   64.     Service contractor—ending contract  
   65.     Service contractor—remedial breaches  

           Division 4.4--Communication officers

   66.     Communications officer—appointment  
   67.     Communications officer—function  

   PART 5--FINANCIAL MANAGEMENT

           Division 5.1--Financial functions generally

   68.     Owners corporation must have bank account  
   69.     Owners corporation may invest  
   70.     Owners corporation may borrow  
   71.     Owners corporation must not carry on business  

           Division 5.2--Administrative, special purpose and sinking funds

   72.     Definitions—div 5.2  
   73.     Administrative fund  
   74.     Special purpose fund  
   75.     General fund—budget  
   76.     General fund—what must be paid into the fund?  
   77.     General fund—what can fund be used for?  
   78.     General fund—contributions  
   79.     General fund—notice of contributions  
   80.     General fund—when are contributions payable?  
   81.     Sinking fund  
   82.     Sinking fund plan  
   83.     Sinking fund plan—meaning of expected sinking fund  
   84.     Sinking fund plan—when must it be approved?  
   85.     Sinking fund plan—review  
   86.     Sinking fund plan—amendment  
   87.     Sinking fund—what must be paid into the fund?  
   88.     Sinking fund—what can fund be used for?  
   89.     Sinking fund—contributions  
   90.     Sinking fund—notice of contributions  
   91.     Sinking fund—when are contributions payable?  
   92.     General and sinking funds in staged developments  

           Division 5.3--Powers in relation to money owing to owners corporation

   93.     Discounts—amounts owing  
   94.     Interest—amounts owing  
   95.     Recovery of amounts owing  
   96.     Security for unpaid amounts—declaration of charge  
   97.     Security for unpaid amounts—discharge  
   98.     Liability of part-owners  

           Division 5.4--Insurance

   99.     Meaning of building and land—div 5.4  
   100.    Building insurance requirements  
   100A.   Lodgment of insurance claims  
   101.    Exemption from building insurance requirements  
   102.    Public liability insurance by owners corporation  
   103.    Application of insurance money by owners corporation  
   104.    Additional insurance—owners corporation  
   105.    Additional insurance—unit owners  

   PART 6--OWNERS CORPORATION RULES

           Division 6.1--Rules—generally

   106.    What are the rules of an owners corporation?  
   107.    Effect of rules  
   108.     Owners corporation may make alternative rules  
   108A.    Effect of registration of alternative rule  
   109.     Breach of rules—rule infringement notice  
   110.    Breach of rules—failure to comply with rule infringement  
   111.    Breach of rules—request for rule infringement notice  
   112.    Application of Legislation Act  

           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  
   112B.   Amendment or revocation of special privilege rule  

              Subdivision 6.2.2--Rules about animals

   112C.   Owners corporation may make pet friendly rule  

   PART 7--OWNERS CORPORATION RECORDS

   113.    Corporate register—establishment  
   114.    Corporate register—information to be included  
   115.    Corporate register—provision of information  
   116.    Corporate register—access  
   117.    Names and addresses of executive members  
   118.    Insurance information  
   119.    Unit title certificate and access to owners corporation records  
   120.    Acting on information in unit title certificate  
   121.    Failure to provide information or certificate—offence  
   122.    Owners corporation name, address and letterbox  
   123.    Service of documents on owners corporation  
   124.    Service of documents on members, interested people and occupiers  

   PART 8--DISPUTE RESOLUTION

   125.    Disputes—generally  
   126.    Disputes involving the owners corporation—particular matters  
   127.    Disputes about rules—general  
   128.    Disputes about rules—special privilege rules  
   129.     Kinds of ACAT orders  

   PART 9--PROTECTION OF FINANCIERS FOR SERVICE CONTRACTS

   130.    Meaning of financed service contract and financier—pt  
   131.    Who is a financier for a service contract?  
   132.    Financed service contract—notice of change  
   133.    Financed service contract—limitation on ending  
   134.    Financed service contract—person authorised to act for  
   135.    Financed service contract—agreement between owners corporation and financier  

   PART 10--ADMINISTRATORS

           Division 10.1--Interested parties

   136.    Who may apply for an administration order?  
   137.    ACAT appearances and service of applications  

           Division 10.2--Appointment, removal and functions

   138.    Appointment of administrator  
   139.    Removal or replacement of administrator  
   140.    Functions of administrator  
   141.    Delegation by administrator  

   PART 11--MISCELLANEOUS

           Division 11.1--Mortgage insurance

   142.    Mortgage insurance of unit  
   143.    Payment under mortgage insurance policies  
   144.    Transfer of mortgagee's interest to insurer  

           Division 11.2--Miscellaneous

   145.    Determination of fees  
   146.    Approved forms  
   147.    Regulation-making power  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           DICTIONARY
           ENDNOTES