1 Title

2 Commencement

3 Purpose

4 Overview

5 Interpretation

5A Meaning of control period

5B Meaning of principal unit

5C Meaning of redevelopment

5D Meaning of certain expressions in relation to layered unit title developments

6 Act binds the Crown

6A Application of Act to retirement villages

6B Application of Act to timeshare resorts

7 General relationship to Resource Management Act 1991

7A Certain Acts not restricted

7B Relationship with Public Works Act 1981

8 Subdivision of land to create unit title development

9 Deposit of plan effects subdivision of land

10 Restrictions on deposit of plan of subdivision of land

11 Grounds for authorised officer’s refusal to give certificate

12 Territorial authority cannot require alterations once certificate given

13 Protection of territorial authority, etc, from liability for issuing of certificate

14 Stratum estate created in unit

15 Meaning of layered unit title development

16 Subdivision of principal unit into subsidiary unit title development

17 Deposit of plan effects subdivision of principal unit

18 Restrictions on deposit of plan for subdivision of principal unit

19 Deposit of plan effects subdivision of subsidiary unit title development

20 Subsidiary body corporate owner of principal unit in parent unit title development

21 Subdivision may be done in stages

22 Deposit of plans in stages to create unit title development

22A Requirements for plans deposited in stages

23 Grounds for principal administrative officer’s refusal to give certificate in staged development

24 Alteration of proposed unit development plan

25 Future development units

25 Future development units

26 Application of Resource Management Act 1991 to staged development

26 Application of Resource Management Act 1991 to staged development

27 Stage unit plan and certificate under section 224(c) of Resource Management Act 1991

27A Alteration of proposed unit development plan

27B Application of this subpart

27C Restrictions on deposit of unit plans

27D Further provisions relating to restrictions on deposit of unit plans

27E Unit plan must comply with survey requirements

27F Grounds for authorised officer's refusal to give certificate

27G Territorial authority cannot require alterations once certificate given

27H Protection of territorial authority, etc, from liability for issuing of certificate

28 Ownership interest

29 Utility interest (other than for future development units)

30 Utility interest for future development unit

31 Reassessment of ownership interest and utility interest

32 Registrar to be notified of reassessment

33 Creation of computer registers where land subdivided to create unit title development

34 Creation of computer register where principal unit subdivided to create subsidiary unit title development

35 No computer registers for base land, subdivided principal unit, or component parts of stratum estate

36 No computer register to be created for common property

37 Supplementary record sheets

38 Noting of subsidiary unit title development

38 Noting of subsidiary unit title development

39 New unit plans

40 Ways in which stratum estate and base land may be dealt with

41 Dealings with subsidiary unit title development

42 Effect of transfer, lease, etc, of stratum estate

43 Independent dealings with accessory units restricted

44 Ownership of common property

44A Access lots

45 Sale, lease, or licence of common property

46 Registration of transfers of common property

47 Additions to common property

47 Additions to common property

47A Registration of additions to common property

48 Existing easements and covenants affecting base land

49 Dealings with easements and covenants existing before deposit of unit plan

50 Powers of body corporate in respect of easements and covenants over or for benefit of common property

51 Ability of owner of unit in respect of easements and covenants

52 Ownership of access lot on deposit of unit plan

53 Body corporate may acquire share of access lot

54 Access lot to be treated as common property for certain purposes

55 Redevelopment requiring amendment to unit plan

55 Redevelopment requiring amendment to unit plan

55A Requirements for amendment to unit plan under section 55

55B Deposit of amendment to unit plan

56 Redevelopment requiring new unit plan

57 Requirements for new unit plan under section 56

57A Reassessment of utility interests

58 Deposit of new plan for redevelopment

59 Application of Land Transfer Act 1952 to stratum estates

60 Incidental rights

61 Scheme following destruction or damage

62 Creation of body corporate

63 Members of body corporate

64 Core things body corporate may do

65 Other things body corporate can do

66 Act must be for purpose of performing duties or exercising powers

67 Rights of owners of principal units

68 Responsibilities of owners of principal units

69 Responsibilities of absent owner of unit who leases or licenses unit

70 Requirements relating to consent by subsidiary body corporate to additions or structural alterations

71 Rights and responsibilities of owners of principal units in subsidiary unit title developments

72 Powers and duties of body corporate

73 Register of unit owners

73A Power of body corporate to sign document

74 Payment of ground rental by body corporate

75 Meetings

76 Requirement for annual general meeting

77 Who may call general meetings

78 General meetings of parent body corporate or parent body corporate committee

79 Representation of body corporate

80 Subsidiary body corporate representative

81 Duties of subsidiary body corporate representative

82 Quorum

83 Voting: eligibility

84 Counting of votes for ordinary resolution subject to request for poll

85 Counting of votes for special resolution subject to request for poll

86 Request for poll

87 Counting of votes if poll requested

88 How matters at general meeting of body corporate decided

89 Voting: proxies

90 Voting: postal

90A Passing of resolution without general meeting

91 Body corporate operational rules

91A Amendments, revocations, and additions to body corporate operational rules

92 Conflict between body corporate operational rules

93 Delegation of duties and powers

94 Delegated duties and powers of body corporate committee

95 Effect of delegation on body corporate

96 Revocation of delegation

97 Establishment of body corporate committee

98 Decision-making of body corporate committee

99 Body corporate committee to report to body corporate

100 Operating account

101 Long-term maintenance plan

102 Long-term maintenance fund

103 Optional contingency fund

104 Optional capital improvement fund

105 Separate bank accounts for each fund

105 Separate bank accounts for each fund

106 Contributions to be levied on unit owners

107 Notice to body corporate of occupation of future development unit

108 Body corporate may enter into agreement with owner of future development unit for expenditure of money for mutual benefit

109 Recovery of levy

110 Recovery of metered charges

111 Recovery of money expended for repairs and other work

112 Recovery of money expended where person at fault

113 Interest on money owing to body corporate

113A Subsidiary body corporate owner of principal unit for purpose of contributions

114 Spending, borrowing, and investing money

115 Distribution of surplus money or property

116 Financial statements

117 Special powers of chief executive for monitoring and reporting on long-term financial and maintenance planning regime

118 Insurance

119 Body corporate to insure all buildings, etc

120 Insurance: principal insurance policy

121 Further provisions relating to insurance

122 Body corporate duties of repair and maintenance

123 Original owner’s obligation in relation to service contracts

124 Compensation for, or termination of, service contracts

125 Appointment of administrator

126 General liability in tort

127 Body corporate as defendant in tort

128 Interpretation

129 Prohibition on contracting out

130 Pre-contract disclosure to prospective buyer

131 Pre-settlement disclosure to buyer

132 Buyer may request additional disclosure

133 Buyer may delay settlement if disclosure late or not made

134 Seller must rectify inaccuracies in disclosure statement

135 Cancellation by buyer

136 Further requirements concerning disclosure statements

137 Buyer may rely on information

138 Original owner to give notice when time for turn-over disclosure reached

139 Body corporate must convene meeting when time for turn-over disclosure reached

140 Turn-over disclosure by original owner to body corporate

141 Original owner must rectify inaccuracies in information provided under section 140

142 Application of this Part

143 Preservation of lessor’s interest

144 Powers of body corporate in respect of lease

145 Dealing with stratum estate in leasehold

146 Restrictions on surrenders and releases

147 Implied guarantee by unit owners

148 Exclusion of powers of forfeiture, re-entry, and distress

149 Lessor may apply for appointment of administrator or cancellation of unit plan

150 Expiry of lease

151 Renewal or expiry of lease and purchase of reversionary interest

152 Entitlement of lessee to buildings, fixtures, etc

153 Merger

154 Owner of future development unit member of body corporate for purpose of this Part

155 Jurisdiction of Tenancy Tribunals

156 Jurisdiction of District Courts

157 Jurisdiction of High Court

158 Exclusion of Tribunal’s jurisdiction prohibited

158A Transfer of proceedings to District Court or High Court

159 Certain provisions of Residential Tenancies Act 1986 to apply

160 Application by body corporate for cancellation of unit plan

160A Restriction on cancellation of unit plan if subsidiary unit title development exists

161 Cancellation of unit plan by Registrar

161 Cancellation of unit plan by Registrar

162 Effect of cancellation of unit plan other than stage unit plan or plan for subsidiary unit title development

163 Effect of cancellation of stage unit plan

164 Effect of cancellation of unit plan for subsidiary unit title development

162 Effect of cancellation of unit plan—standard unit title development or head unit title development

163 Effect of cancellation of unit plan for subsidiary unit title development

164 Effect of cancellation of stage unit plan

165 Vesting of share where 2 or more owners of unit

166 Body corporate dissolved when unit plan cancelled

167 Recording of cancellation of unit plan

168 Application to High Court for order of cancellation of unit plan

169 Cancellation of unit plan by High Court

170 Cancellation of plan following decision of High Court

171 Application to cancel easements and covenants on cancellation of unit plan by Registrar

172 Application to court to cancel or continue easements and covenants on cancellation of unit plan

173 Owner of future development unit member of body corporate for purpose of sections 160 to 170

174 Application and interpretation of this subpart

175 Conversion to be preceded by resolution or High Court order

176 Application to High Court if special resolution not obtained

177 Resolution or order to constitute sufficient authority for action by company or owners

178 Notice of resolution or order

179 Procedure where caveat lodged

180 Consents to deposit of plan

181 Mortgages and charges to be discharged before deposit of unit plan

182 Effect of deposit of unit plan

183 Creation of computer register in respect of units

184 Chief executive responsible for administration of Act

185 General functions and powers of chief executive

186 Immunities

187 Joinder of actions

188 Service of documents

189 Provision of records and documents

190 Powers of entry by local authority or public body

190A Requirement if consent requested

190B Distribution of proceeds in layered unit title development

191 General relief for minority where resolution required

191A Relief in cases where special resolution required

192 Designated resolutions

193 Notices of designated resolutions

193A Requirements in relation to objections

194 Hearing if objection made

195 Certificate required

196 Regulations

197 Unit Titles Act 1972 repealed

197A Existing unit title developments

198 Continuation of certain provisions of Unit Titles Act 1972

199 Application of sections 91, 101, 102, and 122 to existing unit title developments

199A Ownership interest

199B Ownership of common property

199C Transitional provision for supplementary record sheets

200 Existing unit title developments

200 Transitional provision for annual general meetings of bodies corporate for existing unit title developments

200A Transitional provision for body corporate resolutions

200B Transitional provision relating to body corporate rules

201 Ownership interest and utility interest

202 Transitional provision for proceedings under former Act

203 Consequential amendment to Residential Tenancies Act 1986

203A Disclosure of information by seller of unit

203B Review of service contracts

203C Principal units consisting of open spaces: deposit of unit plans

203D Principal units consisting of open spaces: amendment to unit plan

203E Application of Interpretation Act 1999

204 Consequential amendment to other enactments