Australian Capital Territory Numbered Regulations

UNIT TITLES REGULATIONS 2001 (2001 NO 15) - SCHEDULE 2

Schedule 2     Conciliation articles
for 3-member owners corporations

(See reg 17)

13     Resolution of disputes

If the people entitled to vote on any motion at general meetings of the owners corporation (the voters ) are in dispute about an issue, any of the voters may (in writing) ask the Minister to appoint a conciliator (under the Unit Titles Regulations 2001 , regulation 18) to help the owners corporation to resolve the dispute.

Note     The owners corporation is responsible for paying the conciliator (see reg 18 (4)).

14     Conciliation

    (1)     The conciliator must tell each voter of the time and place of a conference.

    (2)     If 2 or 3 voters attend the conference—

        (a)     the conciliator must do everything reasonable to help them reach agreement on the issues in dispute; and

        (b)     if they agree about an issue, the agreement has the force of a unanimous resolution of a general meeting for the Unit Titles Act 2001 , and must be recorded as such in the minute book of the owners corporation.

    (3)     Conciliation about an issue fails if—

        (a)     no voter, or only 1 voter, attends the conference; or

        (b)     agreement is not reached about the issue at the conference.

    (4)     If conciliation about an issue fails, the conciliator must give written notice to each voter, and any member who is not a voter, of the following alternative ways to resolve the dispute about the issue:

        (a)     an application to the Magistrates Court for a deadlock order about the matter (under the Unit Titles Act 2001 , division 6.5);

        (b)     an application to the Magistrates Court for an order appointing an administrator of the owners corporation (under the Unit Titles Act 2001 , part 9).