Australian Capital Territory Numbered Acts

UNIT TITLES LEGISLATION AMENDMENT ACT 2020 (NO. 4 OF 2020) - SECT 91

substitute

    (3)     A resolution under subsection (2) (b)—

        (a)     must be fair, taking into account—

              (i)     the structure of the unit plan; and

              (ii)     the nature of the buildings that are part of the units or common property of the unit plan, including the features and character of the units and common property; and

              (iii)     the purposes for which units are used, including the likely impact of that use on the common property; and

              (iv)     the extent to which the change imposes a burden on a unit that is commensurate with the use of that unit; and

        (b)     may provide that only stated unit owners, or unit owners in a stated class, are required to pay a particular contribution, or a contribution of a particular kind.

    (4)     A resolution under subsection (2) (b) may only be amended or revoked by—

        (a)     a special resolution; or

        (b)     an order of the ACAT.

Note 1     A unit owner may apply to the ACAT for review of a special resolution under subsection (2) (b) about a method for working out sinking fund contributions (see s 127).

Note 2     A special resolution is taken to be an amendment to the rules of the owners corporation (see s 108 (5)).