UNIT TITLES (MANAGEMENT) ACT 2011 (NO. 41 OF 2011)

Note Because of this Act, s 13, s 14 and s 15, a charge over a unit declared under the Unit Titles (Management) Act 2011 , s 96 is registrable in much the same way as a mortgage under the Land Titles Act 1925 . However, unlike other mortgages, this registered charge does not give rise to any power of sale over the unit (see s (2) and Unit Titles (Management) Act 2011 , s 96 (5)).

[5.17] Section 26

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Unit Titles Act 2001 , section 78 (3)

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Unit Titles (Management) Act 2011 , section 122 (3)

[5.18] Section 27

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27 Amendment of rules—registration

The registrar-general must register an amendment of the rules of an owners corporation on the lodgment of a certificate under the Unit Titles (Management) Act 2011 , schedule 3, section 3.19 about the special resolution authorising the amendment.

[5.19] Section 28

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Unit Titles Act 2001 , division 9.2

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Unit Titles (Management) Act 2011 , division 10.2

[5.20] Section 28 , note

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Unit Titles Act 2001 , ss 142- 144

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Unit Titles (Management) Act 2011 , ss 138 to 140

[5.21] Dictionary, note 3

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• owners corporation

[5.22] Dictionary, new definition of owners corporation

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"owners corporation"—see the Unit Titles (Management) Act 2011 , dictionary.

Part 5.7 Land Titles Act 1925

[5.23] Section 50 (4)

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section 49A

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section 167A

[5.24] Section 86 (4)

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section 49A

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section 167A

[5.25] Section 86 (4) (b)

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Unit Titles Act 2001 , section 109

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Unit Titles (Management) Act 2011 , schedule 3, section 3.19

Part 5.8 Leases (Commercial and Retail) Act 2001

[5.26] Section 66 (4) (a) (iv)

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Unit Titles Act 1970 , section 39

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Unit Titles (Management) Act 2011 , section 76 (General fund—contributions)

Part 5.9 Planning and Development Regulation 2008

[5.27] Section 150 (1) (c)

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Unit Titles Act 2001 , section 109

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Unit Titles (Management) Act 2011 , schedule 3, section 3.19

[5.28] Section 150 (2), definitions of ordinary resolution and owners corporation

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Unit Titles Act 2001

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Unit Titles (Management) Act 2011

Part 5.10 Rates Act 2004

[5.29] Dictionary, definition of owners corporation

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"owners corporation"—see the Unit Titles (Management) Act 2011 , dictionary.

Part 5.11 Residential Tenancies Act 1997

[5.30] Schedule 1, clause 13 (3)

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articles of the owners corporation

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owners corporation's rules

[5.31] Schedule 1, clause 66

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Tenant of unit to comply with owners corporation's rules

66 If the premises are a unit under the Unit Titles Act 2001 , the tenant must comply with the owners corporation's rules, and with any notice served in accordance with the rules, to the extent that they are not inconsistent with the standard residential tenancy terms in this agreement.

Part 5.12 Unit Titles Act 2001

[5.32] Long title

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and the management of units plans by owners corporations

[5.33] Section 3 , note 1

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Note 1 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.

For example, the signpost definition ‘ owners corporation —see the Unit Titles (Management) Act 2011 , dictionary.' means that the term ‘ owners corporation ' is defined in that dictionary and the definition applies to this Act.

[5.34] Section 31A (2) (a)

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(a) the default rules;

[5.35] Sections 31A (2) (b) (i) and (c)

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contribution to the corporation's general funds

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general fund contribution

[5.36] Section 31A (3), note

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s 115A

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Unit Titles (Management) Act 2011 , sch 3, s 3.27

[5.37] New section 31A (5)

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(5) In this section:

"default rules"—see the Unit Titles (Management) Act 2011 , section 106.

"developer"—see the Unit Titles Act 2001 , dictionary.

"developer control period"—see the Unit Titles (Management) Act 2011 , dictionary.

"development statement"—see the Unit Titles Act 2001 , dictionary.

"general fund contribution"—see the Unit Titles (Management) Act 2011 , section 78 (1).

"rule", of an owners corporation—see the Unit Titles (Management) Act 2011 , dictionary.

"staged development"—see the Unit Titles Act 2001 , section 17 (3).

[5.38] Division 3.4 (as amended)

relocate to Civil Law (Property) Act 2006 as division 2.9.2

[5.39] Section 33 (3), new note

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Note On the registration of a units plan, an owners corporation for the units plan is established (see Unit Titles (Management) Act 2011 , s 8).

[5.40] Section 37A (2)

after

This Act

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, the Unit Titles (Management) Act 2011

[5.41] Part 5 heading to section 49

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[5.42] Section 49A

relocate to part 12 as section 167A

[5.43] Sections 50 to 130

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[5.44] Sections 130A and 130B headings

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pt 7A

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div 2.9.3

[5.45] Sections 130A to 130C

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part

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division

[5.46] Section 130F (1)

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part

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division

[5.47] Part 7A (as amended)

relocate to Civil Law (Property) Act 2006 as division 2.9.3

[5.48] Parts 8 and 9

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[5.49] Section 153 (1) (c)

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section 132

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the Unit Titles (Management) Act 2011 , section 100.

[5.50] Section 153 (2), note

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. See s 80.

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, see the Unit Titles (Management) Act 2011 , s 124.

[5.51] Section 161D (1) (d)

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section 132

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the Unit Titles (Management) Act 2011 , section 100.

[5.52] Section 161D (2), note

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. See s 80.

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, see the Unit Titles (Management) Act 2011 , s 124.

[5.53] Section 165 (3) (d)

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section 132

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the Unit Titles (Management) Act 2011 , section 100.

[5.54] Section 165 (4), note

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. See s 80.

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, see the Unit Titles (Management) Act 2011 , s 124.

[5.55] Part 12 heading

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Part 12 Variation or surrender of leases

Division 12.1 Variation of leases

[5.56] New division 12.2 heading

after section 167, insert

Division 12.2 Surrender of leases in units

[5.57] Section 169 (3) (d)

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section 132

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the Unit Titles (Management) Act 2011 , section 100.

[5.58] Section 169 (4), note

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. See s 80.

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, see the Unit Titles (Management) Act 2011 , s 124.

[5.59] Section 178

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[5.60] Section 179 (1)

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(other than fees that this Act provides are to be fixed by owners corporations)

[5.61] Dictionary, note 2

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• bankrupt or personally insolvent

• contravene

• GST

[5.62] Dictionary, definition of ACAT dispute

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[5.63] Dictionary, definition of address for correspondence

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"address for correspondence"—see the Unit Titles (Management) Act 2011 , dictionary.

[5.64] Dictionary, definitions of administration order and administrative fund

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[5.65] Dictionary, definition of administrator

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"administrator"—see the Unit Titles (Management) Act 2011 , dictionary.

[5.66] Dictionary, definitions of article and communications officer

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[5.67] Dictionary, definition of company

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"company"—see the Unit Titles (Management) Act 2011 , dictionary.

[5.68] Dictionary, definition of contribution

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[5.69] Dictionary, definition of corporate register

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"corporate register"—see the Unit Titles (Management) Act 2011 , section 113.

[5.70] Dictionary

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deadlock order

default articles

developer control period

eligible person

[5.71] Dictionary, definition of entitled to vote

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"entitled to vote", in relation to a motion at a general meeting of an owners corporation—see the Unit Titles (Management) Act 2011 , dictionary.

[5.72] Dictionary, definition of executive committee

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[5.73] Dictionary, definition of executive member

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"executive member", of an owners corporation—see the Unit Titles (Management) Act 2011 , dictionary.

[5.74] Dictionary

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financial year

financier

full name

general fund

general funds budget

implied warranties

initial sinking fund plan

[5.75] Dictionary, definition of interested non-voter , examples, except note

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Examples—interested nonvoters

1 The proprietor of a property adjoining the parcel on which the units stand, if the property benefits from an easement over the common property, and the proprietor's easement interest is shown on the corporate register.

2 For par (b) (i) , a part-owner of a unit that is owned by 2 or more people, if the part-owner was not the representative for the unit when the application was authorised at a general meeting. The part-owner would not have been ‘entitled to vote' under the Unit Titles (Management) Act 2011 , sch 3, s 3.20.

3 For par (b) (i), an owner of a unit for which a mortgagee has issued a mortgagee voting notice under the Unit Titles (Management) Act 2011 , sch 3, s 3.23. The owner would not have been ‘entitled to vote' under that Act, sch 3, s 3.20.

4 For par (b) (ii), the mortgagee of a unit who was not entitled to vote on the motion authorising the application because the mortgagee did not (or was not entitled to) issue a mortgagee voting notice under the Unit Titles (Management) Act 2011 , sch 3, s 3.23.

[5.76] Dictionary, definitions of interested party and manager

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[5.77] Dictionary, new definition of member

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"member", of an owners corporation—see the Unit Titles (Management) Act 2011 , dictionary.

[5.78] Dictionary, definitions of mortgage and mortgagee

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"mortgage"—see the Unit Titles (Management) Act 2011 , dictionary.

"mortgagee"—see the Unit Titles (Management) Act 2011 , dictionary.

[5.79] Dictionary, definition of mortgage insurance policy

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[5.80] Dictionary, new definition of mortgagee's representative

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"mortgagee's representative"—see the Unit Titles (Management) Act 2011 , schedule 3, section 3.23.

[5.81] Dictionary, definition of mortgagee voting notice

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[5.82] Dictionary, definitions of ordinary resolution and owners corporation

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"ordinary resolution"—see the Unit Titles (Management) Act 2011 , dictionary.

"owners corporation"—see the Unit Titles (Management) Act 2011 , dictionary.

[5.83] Dictionary, definition of part owner

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"part-owner", of a unit—see the Unit Titles (Management) Act 2011 , dictionary.

[5.84] Dictionary

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proportional share

reduced quorum

reduced quorum decision

representative

secretary

service contract

service contractor

sinking fund

sinking fund expenditure

sinking fund plan

special purpose fund

[5.85] Dictionary, definition of special resolution

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"special resolution"—see the Unit Titles (Management) Act 2011 , dictionary.

[5.86] Dictionary

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standard quorum

total sinking fund amount

treasurer

[5.87] Dictionary, definition of unanimous resolution

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"unanimous" resolution —see the Unit Titles (Management) Act 2011 , dictionary.

[5.88] Dictionary, definition of unit title certificate

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[5.89] Dictionary, definition of unopposed resolution

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"unopposed" resolution —see the Unit Titles (Management) Act 2011 , dictionary.

[5.90] Dictionary, definition of utility services, paragraph (f)

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and television

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, television and internet

[5.91] Dictionary, definition of voting value

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Part 5.13 Unit Titles Regulation 2001

[5.92] Parts 3 and 4

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[5.93] Schedules 1 and 2

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