Australian Capital Territory Current Acts

UNIT TITLES (MANAGEMENT) ACT 2011 - SECT 20

    (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).