Unit Titles in the ACT: Rules for Small Owners Corporations

On registration of a units plan, an owners corporation is set up named "The Owners" followed by "Units Plan No" and the number the registrar-general gives the plan (Unit Titles (Management) Act 2011, s 8). The owners of the units are its members. It manages the units plan with help from its executive committee, a manager and service contractors (s 7).

The units plan includes a schedule of unit entitlement, which gives each unit a number for its improved value relative to the other units (Unit Titles Act 2001, s 7, s 8). Units are class A, part of a building, or class B.

The owners corporation "may, by ordinary resolution" sign a management contract with a licensed real estate agent, one of its own members, or another person who does not manage another owners corporation and whose main income is not from this work (s 50). A contract cannot run longer than 3 years, renewals included (s 51).

• The former exemption for plans of 4 or fewer units (s 18) was removed by the Unit Titles Legislation Amendment Act 2020, from 1 November 2020.
• With 2 or 3 units, the owners corporation may exempt itself from keeping a bank account by unopposed resolution (s 68(2)).
• A sinking fund is required only with 4 or more units (s 81).
• With 1, 2 or 3 members, every member is on the executive committee (s 39).
• With 2 members, both must be present for a quorum (sch 3 s 3.12), and an ordinary or special resolution needs no vote against and at least 1 vote for (sch 3 s 3.15, s 3.16).
• With 3 members, a special resolution fails if one-third or more of the votes that can be cast are against (sch 3 s 3.16(2)).
• An audit is needed only above 100 units or a $250,000 yearly budget (sch 2 s 2.1).

• AGM each financial year and within 15 months after the last one (sch 3 s 3.2).
• The executive committee must hold a general meeting within 28 days of a written request from voters for units holding at least a quarter of the unit entitlement (sch 3 s 3.5).
• Notice: at least 14 days, or 21 days if a motion needs an unopposed or unanimous resolution (sch 3 s 3.6).
• Quorum with 3 or more members: voters for at least half the units. After half an hour without one, 2 or more voters present form a reduced quorum (sch 3 s 3.9).
• The executive committee's chairperson chairs; otherwise the voters present elect a chair (sch 3 s 3.13).
• With more than 3 members: an ordinary resolution needs more votes for than against; a special resolution also needs votes against of no more than a quarter of the votes that could be cast by those present; an unopposed resolution needs no votes against and at least 1 for; a unanimous resolution needs every voter, with no votes against (sch 3 s 3.15 to s 3.18).
• Every vote is equal unless a poll is taken, which counts by unit entitlement (sch 3 s 3.28).
• With 3 or more members, a person may vote on an ordinary or special resolution only if all amounts owing for the unit are paid (sch 3 s 3.20).
• Meetings by phone or internet can be authorised, and by resolution the owners corporation can adopt voting by email or other electronic means and pre-meeting electronic voting, except for elections (sch 3 s 3.1, s 3.31A; Regulation s 10). An absentee vote can be cast on the approved voting paper before the meeting.

• An administrative fund is required (s 73); special purpose funds can be set up by special resolution (s 74).
• Each AGM approves a budget for the general fund by ordinary resolution (s 75).
• Each unit pays its proportional share by unit entitlement, unless a fair method is set by special resolution (s 78, s 89).
• With 4 or more units, a sinking fund (s 81) and a 10-year sinking fund plan, approved within 12 months after the first AGM, reviewed within 4 years and then every 5 years (s 82 to s 85).
• Late amounts carry 10% simple interest a year unless the owners corporation decides otherwise by ordinary resolution; a special resolution can set a rate up to 20% (s 94).
• An unpaid amount is a debt, and the owners corporation can also register a charge over the unit's lease, which gives no power of sale (s 95, s 96).

The owners corporation must insure all buildings for replacement value against fire, lightning, tempest, earthquake, explosion, malicious damage, bursting pipes, impact and other listed risks (s 100), and carry public liability cover of at least $10,000,000 (s 102; Regulation s 7).

If all common property buildings are worth less than $10,000 to replace, it may exempt itself from building insurance by unanimous resolution until the next AGM (s 101(1); Regulation s 6). A plan with only class B units may, by unanimous resolution lodged within 3 months, exempt itself from insuring the buildings on those units (s 101(2)).

• The executive committee keeps minutes, books of account, court orders and planning authorisations, sends minutes to members within 14 days, and keeps records at least 7 years, which may be electronic (sch 2 s 2.1).
• A buyer who has signed a contract, among others, can ask for a sale certificate, due within 14 days. A sale update certificate can follow within 4 months (s 119).
• The certificate shows the committee's and manager's contact details, each insurance policy, contributions and whether they are paid, fund balances, the sinking fund plan, borrowings and service contracts (Sale Certificate Determination 2026).
• Maximum fees from 1 July 2026, GST included: sale certificate $353, sale update certificate $175, rental certificate $353, inspection of records $134 or nil with a sale certificate (Fees Determination 2026).
• Records must be open for inspection within 14 days of a written request with the fee (s 120A).

The rules are the default rules in the Regulation, as changed by any registered alternative rules (s 106). Alternative rules are made by special resolution (s 108) and may change only default rules 1.4, 1.5 and 1.6. They cannot ban keeping an animal in all cases or ban sustainability infrastructure. An alternative rule takes effect on registration, and if it is not lodged within 3 months the resolution is taken never to have been made (s 108A).

The ACT Civil and Administrative Tribunal (ACAT) hears disputes between the owners corporation, its committee, owners, occupiers, the manager and service contractors (s 125). It can order a party to act or stop, declare a meeting, resolution or rule void, give effect to a motion that was unreasonably opposed, order an audit or appoint an administrator (s 129).