Australian Capital Territory Current Regulations

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UNIT TITLES (MANAGEMENT) REGULATION 2011 - REG 7B

Alternative rules requirements—Act, s 108 (6)

    (1)     The alternative rules—

        (a)     may only amend default rule 1.4, rule 1.5 and rule 1.6; and

        (b)     must provide for the following:

              (i)     if the general fund contribution payable for each unit is not the proportional share for the unit of the total general fund contribution—the method for working out the contribution payable for each unit to the total general fund and the principle underlying the method;

              (ii)     if the sinking fund contribution payable for each unit is not the proportional share for the unit of the total sinking fund contribution—the method proposed for working out the contribution payable for each unit to the total sinking fund and the principle underlying the method; and

Examples—underlying principle for par (b) (i) and par (b) (ii)

1     the user pays principle

2     fixed cost for each unit regardless of unit value

        (c)     may provide for any other matter that is consistent with the Act and the default rules (other than a matter the subject of default rule 1.4, rule 1.5 and rule 1.6).

    (2)     An alternative rule about the contribution method mentioned in subsection (1) (b) (i) or (ii) must be fair, taking into account—

        (a)     the structure of the units plan; and

        (b)     the nature of the buildings that are part of the units or common property of the units plan, including the features and character of the units and common property; and

        (c)     the purposes for which units are used including the likely impact of that use on the common property; and

        (d)     the extent to which the method imposes a burden on a unit that is commensurate with the use of that unit.



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