LEGISLATION

The principal legislation governing the management of body corporate, unit title and strata title properties in the Australian Capital Territory is the Unit Titles (Management) Act 2011 (the Act) which commenced operation on 30 March 2012. The Act is supported by the Unit Titles (Management) Regulation 2011. Some of the notable new features of the Act compared to the previous Unit Titles Act 2001 are:

Protection of executive committee members from civil liability in their role, provided they act honestly and without recklessness (section 47 of the Act).

A requirement for executive committee members to ensure details of the insurances held by the owners corporation are disclosed at the Annual General Meeting (clause 2.3 of Schedule 2 of the Act).

Executive committee members must comply with the statutory Code of Conduct at Part 1.1 of Schedule 1 of the Act.

Agreements between owners corporations and owners corporation managers, including any periods of renewal and extension, cannot operate for longer than 3 years (section 51 of the Act). Provisions making it easier for owners corporations to install sustainability infrastructure (e.g. photo-voltaic cells, water tanks) on the common property.

The Unit Titles Act 2001 now deals mostly with the registration of unit title schemes.