76.
—(1) Subject to subsection (2), this Division shall apply only to any development on a parcel —
(a)
which is intended for strata subdivision; and
(b)
in respect of which the approval for its building work plans is granted on or after the commencement of this Division.
(2) Notwithstanding subsection (1), this Division may apply to such other parcel, or other class of parcels, comprised in a strata title plan as the Minister may, by order published in the Gazette, extend the application of this Division to.
(3) The Minister may prescribe in the order under subsection (2) such other transitional, incidental and consequential matters arising from the extension of this Division to any parcel not referred to in subsection (1).
(4) Every order made under subsection (2) shall be presented to Parliament as soon as possible after publication in the Gazette.
77.
—(1) A strata title plan may have limited common property and one or more subsidiary management corporations only for the purpose of representing the different interests of —
(a)
subsidiary proprietors of residential lots and subsidiary proprietors of non-residential lots;
(b)
subsidiary proprietors of non-residential lots —
(i)
if they use their lots for significantly different purposes; or
(ii)
if the lots of some of these subsidiary proprietors are comprised in a building that is physically detached from other lots in the strata title plan, the creation of any limited common property to represent the interests of these subsidiary proprietors will not adversely affect the use or enjoyment of the lots of the other subsidiary proprietors and the conditions prescribed, if any, for this purpose are satisfied; or
(c)
subsidiary proprietors of different types of residential lots.
[47/2007]
(2) For the purposes of subsection (1)(c), lots are of different types if they fall within the criteria prescribed in regulations.
78.
—(1) Common property comprised or to be comprised in a strata title plan may be designated as limited common property —
(a)
where the common property is part of a parcel referred to in section 76(1) —
(i)
by the owner developer thereof by a designation on the strata title plan for that parcel when that strata title plan is filed with the Chief Surveyor; or
(ii)
by the management corporation constituted in respect of that strata title plan pursuant to a comprehensive resolution and in accordance with subsection (2)(b); or
(b)
where the common property is part of a parcel referred to in an order made under section 76(2), by the management corporation constituted in respect of that strata title plan pursuant to a comprehensive resolution and in accordance with subsection (2)(b).
(2) Subject to subsection (3), common property comprised or to be comprised in a strata title plan shall be designated as limited common property —
(a)
in the case of designation by the owner developer under subsection (1)(a), by a designation on the strata title plan filed with the Chief Surveyor for that parcel that —
(i)
describes the limited common property or identifies or defines the boundaries or area of the limited common property on that strata title plan; and
(ii)
specifies each lot comprised in that strata title plan whose subsidiary proprietors are entitled to the exclusive benefit of the limited common property; or
(b)
by a comprehensive resolution passed by the management corporation constituted in respect of that strata title plan that —
(i)
describes the limited common property or identifies or defines the boundaries or area of the limited common property on the strata title plan;
(ii)
specifies each lot comprised in that strata title plan whose subsidiary proprietors are entitled to the exclusive benefit of the limited common property; and
(iii)
is filed with the Chief Surveyor.
(3) For the avoidance of doubt, the designation of limited common property by an owner developer under subsection (1)(a)(i) or by a comprehensive resolution under subsection (2)(b) —
(a)
need not require an amendment to any strata title plan; and
(b)
need not identify or define the area of the limited common property provided that the designation or (as the case may be) resolution prescribes a method of identifying or defining the limited common property.
(4) Any designation of common property as limited common property —
(a)
by an owner developer of a parcel to be comprised in a strata title plan shall take effect only when the management corporation is constituted for that strata title plan under the Land Titles (Strata) Act (Cap. 158); or
(b)
by a comprehensive resolution under subsection (2)(b) shall take effect only when the comprehensive resolution is filed with the Chief Surveyor.
(5) Any designation of common property as limited common property by an owner developer may only be removed or amended in accordance with subsection (6) or (7) or section 84.
(6) The management corporation constituted for any common property subject to a strata title plan and any subsidiary management corporation constituted for limited common property subject to the same strata title plan may accept and execute such documents to alter any boundary between their common property and limited common property, respectively, if —
(a)
the management corporation, pursuant to a comprehensive resolution under subsection (2)(b), determines to alter the boundary between its common property and the limited common property; and
(b)
the subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)(b), also determines to similarly alter the boundary between its limited common property and the common property.
(7) Subject to subsection (8), a subsidiary management corporation constituted for any limited common property subject to a strata title plan and any other subsidiary management corporation constituted for other limited common property subject to the same strata title plan may, without affecting the boundaries of their respective limited common properties with the common property within that strata title plan, accept and execute such documents to amalgamate their respective limited common properties or alter any boundary between their respective limited common properties within the strata title plan if —
(a)
the first-mentioned subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)(b), determines —
(i)
to alter the boundary between its limited common property and the other subsidiary management corporation’s limited common property; or
(ii)
to amalgamate its limited common property with the other subsidiary management corporation’s limited common property and to merge both subsidiary management corporations to constitute a single subsidiary management corporation for that amalgamated limited common property, seized of, holding and possessing all rights and interests and subject to all liabilities and obligations of the amalgamating subsidiary management corporations; and
(b)
that other subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)(b), also determines similarly —
(i)
to alter the boundary between its limited common property and the other subsidiary management corporation’s limited common property; or
(ii)
to amalgamate its limited common property with the other subsidiary management corporation’s limited common property and to merge both subsidiary management corporations to constitute a single subsidiary management corporation for that amalgamated limited common property, seized of, holding and possessing all rights and interests and subject to all liabilities and obligations of the amalgamating subsidiary management corporations.
(8) Nothing in subsection (7) shall authorise any subsidiary management corporation to amalgamate its limited common property in a manner that is contrary to section 77.
(9) For the avoidance of doubt, the Chief Surveyor shall not be taken to warrant or certify the correctness of the boundaries of any limited common property or the validity of the creation of such limited common property by his accepting any comprehensive resolution or any accompanying plan showing the boundaries or containing a description of that limited common property.
79.
—(1) The subsidiary management corporation constituted by virtue of the Land Titles (Strata) Act (Cap. 158) for any limited common property comprised in a strata title plan shall —
(a)
comprise the subsidiary proprietors from time to time of all lots comprised in that strata title plan for whose exclusive benefit the limited common property is designated on that strata title plan or by comprehensive resolution under section 78(2);
(b)
be a body corporate capable of suing and being sued and having perpetual succession and a common seal; and
(c)
be called “The Subsidiary Management Corporation No. ______ — Strata Title Plan No. ______” (the number to be specified being the number of the strata title plan).
(2) After the creation of any limited common property, the management corporation shall retain its powers and duties in matters concerning common property.
(3) The subsidiary management corporation shall have the same powers and duties as the management corporation with respect to any matter that relates solely to the limited common property designated for the exclusive benefit of all subsidiary proprietors comprising the subsidiary management corporation except the powers or duties under section 34(1)(a), (3) and (5), sections 35, 37, 46 and 86 and Division 6 of this Part, and unless expressly otherwise provided, the provisions of this Part shall apply, with the necessary modifications, to subsidiary management corporations as they apply to management corporations.
(4) Without prejudice to the generality of subsection (3), the subsidiary management corporation shall —
(a)
establish its own management fund and sinking fund for the common expenses of its limited common property, including expenses related to its limited common property;
(b)
require subsidiary proprietors of lots in the subsidiary management corporation to pay contributions and levies for expenditure the subsidiary management corporation authorises;
(c)
enforce by-laws relating to its limited common property; and
(d)
otherwise have the control, management and administration of its limited common property.
(5) A subsidiary management corporation shall not enter into any contract or sue in the name of the management corporation and the management corporation shall have no liability for contracts made or debts or legal costs incurred by the subsidiary management corporation.
(6) A subsidiary management corporation may obtain insurance only —
(a)
against risks that are not insured by the management corporation; or
(b)
for amounts that are in excess of amounts insured by the management corporation.
(7) For the purposes of subsection (6), a subsidiary management corporation shall have the same insurable interest in its limited common property as the management corporation has in property contained within common property.
(8) Notwithstanding any other provision of this Act, a subsidiary management corporation for any limited common property comprised in a strata title plan may manage and maintain —
(a)
any common property within that same strata title plan; or
(b)
any other limited common property of another subsidiary management corporation within that strata title plan,
upon such terms and conditions as may be agreed between the subsidiary management corporation and the management corporation or other subsidiary management corporation, as the case may be.
80.
—(1) The eligible subsidiary proprietors who constitute a subsidiary management corporation may call and hold meetings and pass resolutions in the same manner as eligible subsidiary proprietors of a management corporation.
(2) The First Schedule shall also have effect with respect to the general meetings of a subsidiary management corporation.
(3) Subject to subsection (4), each subsidiary management corporation shall elect an executive committee for the subsidiary management corporation, and the executive committee of a subsidiary management corporation shall have the same powers and duties with respect to the subsidiary management corporation as the council of a management corporation has with respect to the management corporation.
(4) At least one member of the executive committee of a subsidiary management corporation shall be a member of the council of the management corporation.
(5) The provisions in Division 3 shall apply, with the necessary modifications, to the executive committee of a subsidiary management corporation and its officers as they apply to the council of a management corporation and its officers.
(6) The Second Schedule shall also have effect with respect to the proceedings of an executive committee of a subsidiary management corporation.
81. The expenses of a subsidiary management corporation that relate solely to its limited common property shall be shared by the subsidiary proprietors from time to time of all lots entitled under this Division to the exclusive use of the limited common property, and each lot’s share of contribution shall be calculated as follows:
Where A | is the share value of a lot; |
B | is the aggregate share value of all lots entitled under this Division to the exclusive use of the limited common property; and |
C | is the total contributions determined by the subsidiary management corporation as payable by subsidiary proprietors of all lots entitled under this Division to the exclusive benefit of the limited common property. |
82.
—(1) A management corporation’s by-laws shall apply to the limited common property managed and maintained by a subsidiary management corporation unless the by-laws have been otherwise expressly amended —
(a)
by the subsidiary management corporation pursuant to a special resolution passed at a general meeting of the subsidiary management corporation; and
(b)
in respect of any matter that relates solely to that limited common property or subsidiary management corporation.
(2) A subsidiary management corporation may make by-laws relating to the limited common property designated for the exclusive use of all the lots in the subsidiary management corporation.
(3) Without limiting the operation of any other provision of this Act, any by-laws made by a subsidiary management corporation under this section for the time being in force shall bind the subsidiary management corporation and the subsidiary proprietors of lots constituting that subsidiary management corporation, and any mortgagee in possession (whether by himself or any other person), lessee or occupier of such a lot to the same extent as if the by-laws —
(a)
had been signed and sealed by the subsidiary management corporation, and each such subsidiary proprietor and each such mortgagee, lessee and occupier, respectively; and
(b)
contained mutual covenants to observe, comply and perform all the provisions of these by-laws.
(4) Sections 32 and 33 shall apply, with the necessary modifications, to the by-laws of a subsidiary management corporation as they apply to the by-laws of a management corporation.
83.
—(1) If a judgment against a management corporation relates solely to the lots whose subsidiary proprietors constitute a subsidiary management corporation, the judgment shall be against only the subsidiary proprietors of those lots.
(2) A lot’s share of a judgment referred to in subsection (1) shall be calculated in accordance with section 81 as if the amount of the judgment were a contribution to the management fund and sinking fund, and a subsidiary proprietor’s liability shall be limited to that proportionate share of the judgment.