Owners corporations in mixed-used developments are encouraged to represent all types of owners on their executive committees. Previously, there was no requirement for executive committees to include both commercial and residential unit owners.
Owners in complexes with different leases and uses have a new option for managing their building. Existing multi-lease buildings can adopt a Building Management Statement (BMS) and form a building management committee, made up of the owners of all the different leases, to jointly deal with issues such as shared facilities and easements.
The BMS is a binding agreement that requires all lease owners to comply with the terms of the statement to help manage and maintain the building into the future. That allows, for example, unit owners who occupy the upper floors of a building to work with ground floor businesses to manage areas of common property as well as the building as a whole.
From 1 November 2020, existing multi-lease buildings could opt into adopting a BMS if all lease owners agree, whether or not there was a units plan in the building.
New multi-lease buildings with at least one units plan must have a BMS from 1 July 2021.
Developers can tailor rules for running a new units plan in a way that makes sense for the development. For example, they may propose particular rules for use of a shared entrance foyer. Previously, the same, one-size-fits-all set of rules applied to all new units plans, leaving little room for flexibility or innovation in how they were managed.
If unforeseen circumstances arise, developers and owners corporations can change the rules for running a units plan during the "developer control period" – that is, the period when a developer owns two-thirds or more of units in a units plan. The rule change needs to be authorised by the ACT Civil and Administrative Tribunal, which must be satisfied it is fair and necessary.
Owners corporations can grant special privileges to unit owners or someone with an interest in a unit to use areas of common property. More information on special privilege rules is provided in the Rules information above.
