Australian Capital Territory Numbered Regulations

UNIT TITLES REGULATIONS 2001 (2001 NO 15) - SCHEDULE 3

Schedule 3     Conciliation articles
for 2-member owners corporations

(See reg 19)

1     Failure to reach a quorum at a general meeting

    (1)     This article applies if—

        (a)     a general meeting of the owners corporation has been called; and

        (b)     within ½ an hour after a motion arises for consideration at the meeting, anyone entitled to vote on the motion (any voter ) is not present; and

        (c)     the meeting has been adjourned to the same day in the next week to the same day at the same place and time (as required by the Unit Titles Act 2001 , section 102 (2)); and

        (d)     within ½ an hour after a motion arises for consideration at the adjourned meeting, any voter is not present.

    (2)     The person who called the general meeting may (in writing) ask the Minister to appoint a conciliator (under the Unit Titles Regulations 2001 , regulation 20) to help the owners corporation to achieve a quorum and reach agreement on the matters on the agenda for that general meeting.

Note     The owners corporation is responsible for paying the conciliator (see reg 20 (4)).

2     Resolution of disputes

If the voters are in dispute about an issue, any voter may (in writing) ask the Minister to appoint a conciliator (under the Unit Titles Regulations 2001 , regulation 20) to help the owners corporation to resolve the dispute.

Note     The owners corporation is responsible for paying the conciliator (see reg 20 (4)).

3     Conciliation

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

    (2)     If each voter attends 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)     any voter fails to attend 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).