Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 106)
Note 1 The owners corporation may amend the default rules under s 108.
Note 2 If a corporation was established before the commencement of the " Unit Titles Act 2001" ( UTA ), pt 16—
• the corporation's articles applying immediately before the commencement of the UTA continue to apply (see s 160 (2)); and
• the default rules under this Act may be adopted (in part or in full) by special resolution at a general meeting (see s 108 (1) and s 160 (2)).
Note 3 If an owners corporation was established under the UTA—
• the owners corporation's articles applying immediately before the commencement of this Act, pt 6 are taken to be rules under this Act (see s 161 (2)); and
• the corporation may amend the rules under this Act (see s 108 (1) and s 161 (2)).
However, an existing article of the owners corporation has no effect if the article is inconsistent with this Act or another territory law or does any of the things mentioned in this Act, s 108 (3) (b) to (d).
(1) In these rules:
"executive committee representative" means a person authorised in writing by the executive committee under rule 10 (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 Act has the same meaning in these rules.
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 a 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).
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(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 rule 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 rule 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.
A unit owner must not use the unit, or permit it to be used, to contravene a law in force in the ACT.
10 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 Act or these rules in relation to a unit—inspect the unit to investigate the breach;
(b) carry out any maintenance required under the Act or these rules;
(c) do anything else the owners corporation is required to do under the Act or these rules.
(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 subrule (1).
(3) An executive committee representative is not authorised to do anything in relation to a unit mentioned in subrule (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 rule.
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 sch 2, s 2.10).
(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.