08 Oct 2019 | Body Corporate

What are the By-laws set down in Schedule 2. By-laws; Unit Title Schemes Act (NT) 2010?

1 Improper conduct

The By-laws set down in Schedule 2 of the Unit Title Schemes Act (NT) 2010 are;

1 Improper conduct

A unit owner or unit occupier must not: engage in conduct that would unreasonably affect a person’s lawful enjoyment of the scheme land; or allow a person (an invitee) invited by the unit owner or unit occupier to enter the scheme land to engage in such conduct. Without limiting subclause (1), any of the following may be conduct covered by subclause (1): creating commotion or loud noises on the scheme land; leaving things unattended on the scheme land.

2 Disturbing common property

A unit owner or unit occupier must not physically disturb the common property (including, for example, by removing vegetation or fixtures on it) without the written approval of the body corporate. Without limiting subclause (1), the body corporate may allow a unit owner or unit occupier to install a security device on the common property under such an approval.

3 Parking of vehicle

A unit owner or unit occupier must not: without the written approval of the body corporate: park a vehicle in an area of the scheme land not designated for the parking of vehicles; or allow an invitee to park a vehicle in such an area; or without the approval of the unit owner of another unit – park a vehicle in an area of the scheme land designated for the parking of vehicles by the unit owner or unit occupier of the other unit; or park a vehicle in an area of the scheme land designated for the parking of vehicles only by invitees.

4 Appearance of unit

A unit owner or unit occupier must not, without the written approval of the body corporate: change the external appearance of the unit; or display things (including, for example, washing or signs) on the unit that are visible from outside the unit. Subclause (1) (b) does not affect the display of a sign for the sale or letting of the unit.

5 Inflammable substance

A unit owner or unit occupier must not, without the written approval of the body corporate, store an inflammable substance on the scheme land. This clause does not affect: the lawful storage of an inflammable substance for domestic purposes in the unit; or the lawful storage of fuel in a vehicle, vessel or internal combustion engine on the scheme land.

6 Animal

A unit owner or unit occupier must not, without the written approval of the body corporate: bring an animal to, or keep an animal on, the scheme land; or allow an invitee to do so.

7 Approval of body corporate

An approval under these by-laws must be made by a majority resolution of the body corporate. The body corporate may, when giving the approval, specify conditions of the approval and the period for which it is to be in force. If no such period is specified, the approval remains in force until the body corporate decides to cancel it by a majority resolution.

What is the difference between Articles, By-Laws & House Rules?

The original Unit Titles Act refers to articles which are the rules of the body corporate set down and contained in the Unit Titles Act.

The new act, Unit Title Schemes Act (NT) 2010 contains in Schedule 2, By-Laws which are the rules of the body corporate as set down in the Unit Title Schemes Act.

“House Rules” is a generic description for the rules of the body corporate. This description is not mentioned in either act or the regulations but has become a common description of a body corporate’s articles, By-Laws or rules. North Management recommends all existing body corporates under the original Unit Titles Act should adopt Schedule 2. Corporations under the Unit Title Schemes Act (NT) 2010; refer to Section 95.

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