Unit Titles (Management) Act 2011

This Act is the Unit Titles (Management) Act 2011.

The dictionary at the end of this Act is part of this Act.

Note 1 The 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 2 A 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)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal 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 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The objects of this Act are to—

make it clear who is responsible for managing units plans; and

help people who manage, or help in the management of units plans, understand and exercise their functions; and

assist in the resolution of disputes in relation to the management of units plans; and

make the law about the management of units plans easier to use generally.

The owners corporation for a units plan is responsible for managing the units plan.

Note An owners corporation may be helped by 1 or more of the following:

the executive committee of the owners corporation;

a manager engaged under s 50;

a service contractor engaged under s 60.

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 ’.

To remove any doubt, an owners corporation continued in existence under this Act is established under this section.

Note 1 An 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 2 Establish includes constitute and continue in existence (see Legislation Act, dict, pt 1, def establish).

In this section:

X means the number given to the units plan by the registrar-general on its registration.

An owners corporation is a corporation.

An owners corporation—

has perpetual succession; and

may have a common seal; and

may sue and be sued in its corporate name.

An owners corporation must execute a document in 1 of the following ways:

if the owners corporation has a common seal—by attaching the seal to the document—

as authorised by a resolution of the owners corporation; and

with 2 executive members witnessing the attaching and signing the document as witnesses;

without using a common seal—

by 2 executive members, as authorised by a resolution of the owners corporation, signing the document; or

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.

The members of an owners corporation for a units plan are the owners of the units.

If a unit is owned by 2 or more part-owners, each part-owner is a member of the owners corporation.

This section applies if a unit is owned by 2 or more part-owners.

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.

The part-owners’ representative must be one of the owners.

Note If 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)).

The notice of authorisation must—

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

include the full name and an address for correspondence of the representative; and

be signed by each part-owner of the unit.

The part-owners of the unit may change their representative by written notice to the owners corporation.

The notice of change of authorisation must—

include the full name and an address for correspondence of the new representative; and

be signed by each part-owner of the unit.

The part-owners’ representative may change the address for correspondence of the representative by written notice to the owners corporation.

The notice of change of address must be signed by the representative.

This section may be enforced in the same way as a rule of the owners corporation (see section 107 (Effect of rules)).

This section applies if a unit is owned by 2 or more part-owners.

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.

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).

Note The 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).

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.

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).