Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(See reg 16)
Note Whether the default articles apply will depend on whether the owners corporation was formed before or after the commencement of the Unit Titles Act 2001 , pt 16. For more detail, see the note at the end.
(1) In these articles:
"executive committee representative" means a person authorised in writing by the executive committee under article 11 (4).
"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 the Unit Titles Act 2001 and the Unit Titles Regulations 2001 has the same meaning in these articles.
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) 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 any Territory law.
(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 unopposed 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.
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.
A unit owner must not use the unit, or permit it to be used, so as to cause a hazard to an owner, occupier or user of another unit.
7 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 article 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(4) Permission may be withdrawn by special resolution of the owners corporation.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) 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 article 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) A unit owner must not keep, or permit to be kept, any animal or bird within the unit or on the common property.
(2) This article does not apply to the keeping of an animal or bird if the executive committee has given the person keeping the animal 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.
A unit owner must not use the unit, or permit it to be used, to contravene a law in force in the Territory.
11 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 Unit Titles Act 2001 or the articles in relation to a unit—inspect the unit to investigate the breach;
(b) carry out any maintenance required under the Act or these articles;
(c) do anything else the owners corporation is required to do under the Act or these articles.
(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 subarticle (1).
(3) An executive committee representative is not authorised to do anything in relation to a unit mentioned in subarticle (1) unless—
(a) the executive committee or the representative has given the owner, occupier or user of the unit reasonable notice of his or her 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 article.
For the attaching of the seal of the owners corporation to a document to be effective—
(a) the seal must be attached by decision of the executive committee; and
Note Executive committee decisions must be made by majority vote, or by unanimous vote if there are only 2 members of the committee (see Unit Titles Act 2001 , s 88).
(b) the seal must be attached in the presence of 2 executive members; and
(c) the executive members witnessing the attaching of the seal must sign the document as witnesses.
Note: Do the default articles apply? | |
|---|---|
| Owners corporations formed BEFORE commencement of Unit Titles Act 2001 , pt 16 | Owners corporations formed AFTER commencement of Unit Titles Act 2001 , pt 16 |
| •
The articles applying immediately before commencement continue to apply (s
192). | •
The default articles apply unless the owners corporation changes
them (s 126 (1) (a) and s 128 (1)). |