Australian Capital Territory Current Regulations

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UNIT TITLES (MANAGEMENT) REGULATION 2011 - SCHEDULE 1

Schedule 1     Default rules

(see s 7A)

1.1     Definitions—default rules

    (1)     In these rules:

"owner, occupier or user", of a unit, includes an invitee or licensee of an owner, occupier or user of a unit.

    (2)     A word or expression in these rules has the same meaning as in the Unit Titles (Management) Act 2011

.

1.2     Payment of rates and taxes by unit owners

A unit owner must pay all rates, taxes and any other amount payable for the unit.

1.3     Repairs and maintenance

    (1)     A unit owner must ensure that the unit is in a state of good repair.

    (2)     A unit owner must carry out any work in relation to the unit, and do anything else in relation to the unit, that is required by a territory law.

1.4     Erections and alterations

    (1)     A unit owner may erect or alter any structure in or on the unit or the common property only—

        (a)     in accordance with the express permission of the owners corporation by special resolution; and

        (b)     in accordance with the requirements of any applicable territory law (for example, a law requiring development approval to be obtained for the erection or alteration).

    (2)     Permission may be given subject to conditions stated in the resolution.

    (3)     However, if the structure is sustainability infrastructure, the owners corporation's permission must not be unreasonably withheld.

Examples—permission not unreasonably withheld

              •     safety considerations

              •     structural considerations

Example—permission unreasonably withheld

external appearance of a unit or the units plan

1.5     Pets in units

    (1)     A unit owner or occupier (the pet owner ) may keep an animal, or permit an animal to be kept, within the unit if—

        (a)     the total number of animals kept within the unit (other than birds in a cage or fish in an aquarium) is not more than 3; and

        (b)     the pet owner ensures that the animal is appropriately supervised when the animal is on the common property; and

        (c)     the pet owner keeps the animal secure so that it cannot escape the unit unsupervised; and

        (d)     the pet owner cleans any area of the units plan that is soiled by the animal; and

        (e)     the pet owner takes reasonable steps to ensure the animal does not cause a nuisance or a risk to health or safety.

    (2)     The pet owner must, within 14 days of the day the animal is first kept within the unit, tell the owners corporation, in writing, that the animal is being kept within the unit.

1.6     Assistance animals

The owners corporation may require a person who keeps an assistance animal to produce evidence that the animal is an assistance animal.

1.7     Use of common property

A unit owner must not use the common property, or permit it to be used, to interfere unreasonably with the use and enjoyment of the common property by an owner, occupier or user of another unit, other than in accordance with a special privilege rule.

1.8     Hazardous use of unit

A unit owner must not use the unit, or permit it to be used, to cause a hazard to an owner, occupier or user of another unit.

1.9     Use of unit—nuisance or annoyance

    (1)     A unit owner must not use the unit, or permit it to be used, in a way that causes a nuisance or substantial annoyance to an owner, occupier or user of another unit.

    (2)     This rule does not apply to a use of a unit if the executive committee has given an owner, occupier or user of the unit written permission for that use.

    (3)     Permission may be given subject to stated conditions.

    (4)     Permission may be withdrawn by special resolution of the owners corporation.

1.10     Noise

    (1)     A unit owner must not make, or permit to be made, such a noise within the unit as might (in the circumstances) be reasonably likely to cause substantial annoyance to an owner, occupier or user of another unit.

    (2)     This rule does not apply to the making of a noise if the executive committee has given the person responsible for making the noise written permission to do so.

    (3)     Permission may be given subject to stated conditions.

    (4)     Permission may be withdrawn by special resolution of the owners corporation.

1.11     Illegal use of unit

A unit owner must not use the unit, or permit it to be used, to contravene a law in force in the ACT.

1.12     What may an executive committee representative do?

    (1)     An executive committee representative may do any of the following in relation to a unit at all reasonable times:

        (a)     if the committee has reasonable grounds for suspecting that there is a breach of the Act or these rules in relation to a unit—inspect the unit to investigate the breach;

        (b)     carry out any maintenance required under the Act or these rules;

        (c)     do anything else the owners corporation is required to do under the Act or these rules.

    (2)     An executive committee representative may enter a unit and remain in the unit for as long as is necessary to do something mentioned in subrule (1).

    (3)     An executive committee representative is not authorised to do anything in relation to a unit mentioned in subrule (1) unless—

        (a)     the executive committee or the representative has given the owner, occupier or user of the unit reasonable notice of their intention to do the thing; or

        (b)     in an emergency, it is essential that it be done without notice.

    (4)     The executive committee may give a written authority to a person to represent the corporation under this rule.

"executive committee representative" means a person authorised, in writing, by the executive committee under rule 1.12 (4).



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