Unit Titles (Management) Act 2011

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.

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)).

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

Criminal Code

Penalty units

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.

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.

In this section:

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.

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.

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).

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)).