Australian Capital Territory Numbered Acts

UNIT TITLES AMENDMENT ACT 2008 (NO 2) (NO. 45 OF 2008) - SECT 12

insert

51A     Animals—owners corporation's consent

    (1)     A unit owner may keep an animal, or allow an animal to be kept, within the unit or the common property only with the consent of the owners corporation.

    (2)     The owners corporation may give consent under this section with or without conditions.

    (3)     However, the owners corporation's consent must not be unreasonably withheld.

Note     An owner or occupier of a unit may apply to the ACAT to resolve a dispute with the owners corporation about keeping an animal, or allowing an animal to be kept (see s 123).

    (4)     In this section:

"animal" includes—

        (a)     an amphibian; and

        (b)     a bird; and

        (c)     a fish; and

        (d)     a mammal (other than a human being); and

        (e)     a reptile.

51B     Structural defects—owners corporation may represent members

    (1)     This section applies if a building, or the site of a building, that is part of the units or common property of a units plan, has a structural defect that affects, or is likely to affect, the support or shelter provided by that part of the building or site to another part of the building or site.

    (2)     The owners corporation may, by ordinary resolution, take legal action for the rectification of the structural defects if—

        (a)     the legal action could be taken by a member of the corporation; and

        (b)     the member does not take the legal action within a reasonable time after the defect becomes known.

    (3)     To remove any doubt, if the owners corporation takes legal action under this section—

        (a)     the corporation and not the member who could have taken the action is liable for the costs incurred by the corporation in taking the legal action; and

        (b)     the corporation and not the member may take the benefit of any order for costs in the corporation's favour in the legal action.

    (4)     For this section, the owners corporation takes legal action if the corporation—

        (a)     begins a proceeding; or

        (b)     continues a proceeding.

51C     Owners corporation—entry to units

    (1)     An owners corporation for a units plan does not have a right to enter a unit in the units plan without the consent of the owner or occupier, except in accordance with this section.

    (2)     The owners corporation may enter the unit without notice to the owner or occupier of the unit if the access is required in an emergency.

Examples—emergencies

1     water flowing from 1 unit into another unit that is causing damage

2     an external glass window in the unit is dislodged and is likely to fall

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).

    (3)     If entry to the unit is required to inspect or maintain the common property of the units plan, a person may enter the unit on behalf of the owners corporation if—

        (a)     the executive committee authorises the entry, and the person to enter, by resolution; and

        (b)     the executive committee gives the owner or occupier written notice that the entry must be allowed on a stated day.

    (4)     A notice under subsection (3) (b) must be given to the owner or occupier not less than 7 days before the entry it relates to.