Australian Capital Territory Numbered Acts

UNIT TITLES LEGISLATION AMENDMENT ACT 2023 (NO. 24 OF 2023) - SECT 20

New section 20 (3) and (4)

insert

    (3)     However, the owners corporation may sublet its interest in any part of the common property to an entity for not longer than 5 years—

        (a)     for the purpose of a business or other activity; and

Examples

coffee cart, florist, parcel locker service

        (b)     if—

              (i)     authorised by a special resolution; and

              (ii)     the affected part of the common property is not the subject of a grant of special privilege under section 22; and

              (iii)     the business or other activity carried out under the sublease does not unreasonably interfere with the reasonable use or enjoyment of any part of a unit or the common property; and

Examples—unreasonable interference

              •     restricting access to a unit

              •     obstructing views from a unit balcony

        (c)     subject to a condition stating that the entity must take out and maintain public liability insurance for the affected part of the common property in relation to each of the following events happening:

              (i)     death, bodily injury or illness to anyone;

              (ii)     loss of, or damage to, the property of anyone.

    (4)     Public liability insurance under subsection (3) (c) must be for a total amount of liability of at least the amount agreed, in writing, by the owners corporation and the entity.