Review of the Unit Titles Act 1972 - Discussion Document, May 2006
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Proposals
5.1 Widening the purpose of the ACT
The proposal in this section covers the purpose and principles of the new Act.
Every Act includes a purpose statement that tells you about its purpose and scope. There are also supporting principles that outline the aims of the Act and how it will achieve them.
The purpose and principles are important. They make the intention of the Act clear and they guide decision-makers and the courts in interpreting individual clauses and words in other parts of the Act.
IssuesThe purpose statement in the current Act is narrow. It concentrates on title and ownership and does not include the concepts of community, participation and informed decision-making.
The purpose of the Act will be to provide a legal framework for communities of individuals to own and manage land, buildings and facilities in a socially and economically sustainable way. This will be done by: - allowing land to be subdivided into unit title developments made up of units owned by unit owners and common property owned by those unit owners as tenants in common
- creating bodies corporate, made up of unit owners, to operate and manage unit title developments
- establishing a flexible system that will:
- encourage unit owners to take part in body corporate matters
- help unit owners and bodies corporate to work well together
- make sure that bodies corporate, unit owners and buyers have access to enough information to make informed, fair and effective decisions
- make sure that bodies corporate plan and provide for future maintenance and repairs
- provide an efficient and effective process for solving disputes.
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Effect of proposal
It will be easier to understand what the Act aims to do and how it should be applied.
Do you agree with the proposal on the purpose of the Act?
If you do, is there anything else we should cover?
If you disagree, please explain why. |
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