Australian Capital Territory Numbered Acts

UNIT TITLES LEGISLATION AMENDMENT ACT 2020 (NO. 4 OF 2020) - SECT 71

substitute

    (3)     The owners corporation—

        (a)     must respond to any request for consent under this section and the response must—

              (i)     be in writing; and

              (ii)     if the request is refused—give reasons for the refusal; and

              (iii)     if the consent is given subject to conditions—state the conditions; and

        (b)     may delegate its decision-making power under this section to the executive committee; and

        (c)     is taken to consent to the request if the owners corporation does not take action under paragraph (a) within 3 weeks of the day on which the request was made.

Note     The owners corporation may also delegate this power to the manager (see  s 58 (1)).

    (3A)     The owners corporation may—

        (a)     only withhold consent on reasonable grounds; and

        (b)     impose reasonable conditions on the consent.

Examples—par (a)

1     unacceptable risk of damage or soiling of common property that cannot be addressed through reasonable conditions

2     unacceptable risk of nuisance to other unit owners or occupiers that cannot be addressed through reasonable conditions

3     unacceptable risk of the animal escaping the unit unsupervised that cannot be addressed through reasonable conditions

4     unacceptable risk to health or safety of other unit owners or occupiers or the general public that cannot be addressed through reasonable conditions

5     keeping the animal on the units plan would be contrary to a territory law

Examples—par (b)

1     requiring supervision of the animal when the animal is on the common property

2     requiring cleaning of any areas of the units plan that are soiled by the animal

3     requiring the unit to be secured to prevent the escape of the animal