1 Title
2 Commencement
Part 1
Preliminary provisions
3 Purpose
4 Overview
5 Interpretation
6 Meaning of control period
7 Meaning of principal unit
8 Meaning of redevelopment
9 Meaning of certain expressions in relation to layered unit title developments
10 Act binds the Crown
11 Application of Act to retirement villages
12 Application of Act to timeshare resorts
13 General relationship to Resource Management Act 1991
14 Certain Acts not restricted
15 Relationship with Public Works Act 1981
Part 2
Unit title developments
Subpart 1—Subdivision of land to create unit title development
16 Subdivision of land to create unit title development
17 Deposit of plan effects subdivision of land
Stratum estate created when unit plan deposited
18 Stratum estate created in unit
Subpart 2—Subdivision of principal unit to create unit title development: layered developments
19 Meaning of layered unit title development
20 Subdivision of principal unit into subsidiary unit title development
21 Deposit of plan effects subdivision of principal unit
Stratum estate created when unit plan deposited
22 Deposit of plan effects subdivision of subsidiary unit title development
Subpart 3—Creation of unit title development in stages
23 Subdivision may be done in stages
24 Deposit of plans in stages to create unit title development
25 Requirements for plans deposited in stages
26 Grounds for principal administrative officer’s refusal to give certificate in staged development
27 Future development units
28 Application of Resource Management Act 1991 to staged development
29 Stage unit plan or complete unit plan and certificate under section 224(c) of Resource Management Act 1991
30 Alteration of proposed unit development plan
Subpart 4—Requirements relating to unit plans
31 Application of this subpart
32 Restrictions on deposit of unit plans
33 Further provisions relating to restrictions on deposit of unit plans
34 Unit plan must comply with survey requirements
35 Grounds for authorised officer's refusal to give certificate
36 Territorial authority cannot require alterations once certificate given
37 Protection of territorial authority, etc, from liability for issuing of certificate
Subpart 5—Ownership interest and utility interest
38 Ownership interest
39 Utility interest (other than for future development units)
40 Utility interest for future development unit
41 Reassessment of ownership interest and utility interest
42 Registrar to be notified of reassessment
Subpart 6—Computer registers, etc
43 Creation of computer registers where land subdivided to create unit title development
44 Creation of computer register where principal unit subdivided to create subsidiary unit title development
45 No computer registers for base land, subdivided principal unit, or component parts of stratum estate
46 No computer register to be created for common property
47 Supplementary record sheets
48 Noting of subsidiary unit title development
49 New unit plans
Subpart 7—General provisions relating to dealings with unit title developments
50 Ways in which stratum estate and base land may be dealt with
51 Dealings with subsidiary unit title development
52 Effect of transfer, lease, etc, of stratum estate
53 Independent dealings with accessory units restricted
Subpart 8—Ownership of, and dealings with, common property
54 Ownership of common property
55 Access lots
56 Sale, lease, or licence of common property
57 Registration of transfers of common property
58 Additions to common property
59 Registration of additions to common property
Subpart 9—Easements and covenants
Existing easements and covenants affecting base land
60 Existing easements and covenants affecting base land
61 Dealings with easements and covenants existing before deposit of unit plan
Creation of new easements and covenants
62 Powers of body corporate in respect of easements and covenants over or for benefit of common property
63 Ability of owner of unit in respect of easements and covenants
Subpart 10—Redevelopments
References to unit plan in relation to redevelopments
64 References to unit plan in relation to redevelopments
Redevelopment requiring amendment to unit plan
65 Redevelopment requiring amendment to unit plan
66 Requirements for amendment to unit plan under section 65
67 Deposit of amendment to unit plan
Redevelopment requiring new unit plan
68 Redevelopment requiring new unit plan
69 Requirements for new unit plan under section 68
70 Reassessment of utility interests
71 Deposit of new plan for redevelopment
Subpart 11—Miscellaneous provisions relating to creation of, and dealings with, unit title developments
72 Application of Land Transfer Act 1952 to stratum estates
73 Incidental rights
Scheme following destruction or damage
74 Scheme following destruction or damage
Subpart 12—Management structures and arrangements
Establishment and constitution of body corporate
75 Creation of body corporate
76 Members of body corporate
77 Core things body corporate may do
78 Act must be for purpose of performing duties or exercising powers
Rights and responsibilities
79 Rights of owners of principal units
80 Responsibilities of owners of principal units
81 Responsibilities of absent owner of unit who leases or licenses unit
82 Requirements relating to consent by subsidiary body corporate to additions or structural alterations
83 Rights and responsibilities of owners of principal units in subsidiary unit title developments
Powers and duties of body corporate
84 Powers and duties of body corporate
85 Register of unit owners
86 Power of body corporate to sign document
87 Payment of ground rental by body corporate
Meetings and voting
88 Meetings
89 Requirement for annual general meeting
90 Who may call general meetings
91 General meetings of parent body corporate or parent body corporate committee
92 Representation of body corporate
93 Subsidiary body corporate representative
94 Duties of subsidiary body corporate representative
95 Quorum
96 Voting: eligibility
97 Counting of votes for ordinary resolution subject to request for poll
98 Counting of votes for special resolution subject to request for poll
99 Request for poll
100 Counting of votes if poll requested
101 How matters at general meeting of body corporate decided
102 Voting: proxies
103 Voting: postal
104 Passing of resolution without general meeting
Body corporate operational rules
105 Body corporate operational rules
106 Amendments, revocations, and additions to body corporate operational rules
107 Conflict between body corporate operational rules
Delegation
108 Delegation of duties and powers
109 Delegated duties and powers of body corporate committee
110 Effect of delegation on body corporate
111 Revocation of delegation
Body corporate committees
112 Establishment of body corporate committee
113 Decision-making of body corporate committee
114 Body corporate committee to report to body corporate
Subpart 13—Financial and property management
Long-term maintenance plans, funds, and ancillary matters
115 Operating account
116 Long-term maintenance plan
117 Long-term maintenance fund
118 Optional contingency fund
119 Optional capital improvement fund
120 Separate bank accounts for each fund
Contributions
121 Contributions to be levied on unit owners
122 Notice to body corporate of occupation of future development unit
123 Body corporate may enter into agreement with owner of future development unit for expenditure of money for mutual benefit
124 Recovery of levy
125 Recovery of metered charges
126 Recovery of money expended for repairs and other work
127 Recovery of money expended where person at fault
128 Interest on money owing to body corporate
129 Subsidiary body corporate owner of principal unit for purpose of contributions
Spending, borrowing, investing, and distributing money or property
130 Spending, borrowing, and investing money
131 Distribution of surplus money or property
Auditing and monitoring
132 Financial statements
133 Special powers of chief executive for monitoring and reporting on long-term financial and maintenance planning regime
Insurance
134 Insurance
135 Body corporate to insure all buildings, etc
136 Insurance: principal insurance policy
137 Further provisions relating to insurance
Repair and maintenance
138 Body corporate duties of repair and maintenance
Review of service contracts
139 Original owner’s obligation in relation to service contracts
140 Compensation for, or termination of, service contracts
Appointment of administrator
141 Appointment of administrator
Liability
142 General liability in tort
143 Body corporate as defendant in tort
Subpart 14—Disclosure of information
Disclosure of information by seller of unit
144 Interpretation
145 Prohibition on contracting out
146 Pre-contract disclosure to prospective buyer
147 Pre-settlement disclosure to buyer
148 Buyer may request additional disclosure
149 Buyer may delay settlement if disclosure late or not made
150 Seller must rectify inaccuracies in disclosure statement
151 Cancellation by buyer
152 Further requirements concerning disclosure statements
153 Buyer may rely on information
Disclosure by original owner of unit title development to body corporate
154 Original owner to give notice when time for turn-over disclosure reached
155 Body corporate must convene meeting when time for turn-over disclosure reached
156 Turn-over disclosure by original owner to body corporate
157 Original owner must rectify inaccuracies in information provided under section 156
Part 3
Special provisions relating to leasehold land
158 Application of this Part
159 Preservation of lessor’s interest
160 Powers of body corporate in respect of lease
161 Dealing with stratum estate in leasehold
162 Restrictions on surrenders and releases
163 Implied guarantee by unit owners
164 Exclusion of powers of forfeiture, re-entry, and distress
165 Lessor may apply for appointment of administrator or cancellation of unit plan
166 Expiry of lease
167 Renewal or expiry of lease and purchase of reversionary interest
168 Entitlement of lessee to buildings, fixtures, etc
169 Merger
170 Owner of future development unit member of body corporate for purpose of this Part
Part 4
Disputes, cancellation, and conversion
Subpart 1—Disputes
171 Jurisdiction of Tenancy Tribunals
172 Jurisdiction of District Courts
173 Jurisdiction of High Court
174 Exclusion of Tribunal’s jurisdiction prohibited
175 Transfer of proceedings to District Court or High Court
176 Certain provisions of Residential Tenancies Act 1986 to apply
Subpart 2—Cancellation of unit plans
Cancellation of unit plans by Registrar
177 Application by body corporate for cancellation of unit plan
178 Restriction on cancellation of unit plan if subsidiary unit title development exists
179 Cancellation of unit plan by Registrar
180 Effect of cancellation of unit plan—standard unit title development or head unit title development
181 Effect of cancellation of unit plan for subsidiary unit title development
182 Effect of cancellation of stage unit plan
183 Extinguishment of registered interests, etc
184 Vesting of share where 2 or more owners of unit
185 Body corporate dissolved when unit plan cancelled
186 Recording of cancellation of unit plan
Cancellation of unit plans by High Court
187 Application to High Court for order of cancellation of unit plan
188 Cancellation of unit plan by High Court
189 Cancellation of plan following decision of High Court
190 Owner of future development unit member of body corporate for purposes of sections 177 to 189
Subpart 3—Conversion of existing schemes
191 Application and interpretation of this subpart
192 Conversion to be preceded by resolution or High Court order
193 Application to High Court if special resolution not obtained
194 Resolution or order to constitute sufficient authority for action by company or owners
195 Notice of resolution or order
196 Procedure where caveat lodged
197 Consents to deposit of plan
198 Mortgages and charges to be discharged before deposit of unit plan
199 Effect of deposit of unit plan
200 Creation of computer register in respect of units
Part 5
General provisions
Subpart 1—Administration
201 Chief executive responsible for administration of Act
202 General functions and powers of chief executive
203 Immunities
Subpart 2—Miscellaneous
204 Joinder of actions
205 Service of documents
206 Provision of records and documents
207 Powers of entry by local authority or public body
208 Requirement if consent requested
209 Distribution of proceeds in layered unit title development
Subpart 3—Minority and majority relief
210 General relief for minority where resolution required
211 Relief in cases where special resolution required
212 Designated resolutions
213 Notices of designated resolutions
214 Requirements in relation to objections
215 Hearing if objection made
216 Certificate required
Subpart 4—Regulations
217 Regulations
Subpart 5—Repeals, transitional provisions, and consequential amendments
218 Unit Titles Act 1972 repealed
219 Existing unit title developments
220 Continuation of certain provisions of Unit Titles Act 1972
221 Application of sections 105, 106, 116, 117, and 138 to existing unit title developments
222 Ownership interest
223 Ownership of common property
224 Transitional provision for supplementary record sheets
225 Transitional provision for annual general meetings of bodies corporate for existing unit title developments
226 Transitional provision for body corporate resolutions
227 Transitional provision for proceedings under former Act
228 Disclosure of information by seller of unit
229 Review of service contracts
230 Principal units consisting of open spaces: deposit of unit plans
231 Principal units consisting of open spaces: amendment to unit plan
232 Application of Interpretation Act 1999
233 Consequential amendments to other enactments
Schedule 1
Illustrative examples of unit title developments
Schedule 2
Modifications to this Act applicable to timeshare resorts
Schedule 3
Consequential amendments to other enactments
Legislative history