Long Title

Part I PRELIMINARY

Part II APPOINTMENT OF OFFICERS

Part III MAINTENANCE OF BUILDINGS

Part IV DEALINGS IN STRATA SUBDIVIDED BUILDINGS

Part V MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS

Division 1 — Management by owner developer before management corporation constituted

Division 2 — Management corporations and common property

Division 3 — Councils

Division 4 — Subsidiary proprietors and occupiers

Division 5 — Managing agents

Division 6 — Insurance

Division 7 — Subsidiary management corporations and limited common property

Division 8 — Termination of strata scheme

Division 9 — Miscellaneous

Part VI DISPUTES AND STRATA TITLES BOARDS

Division 1 — Strata Titles Boards

Division 2 — Types of orders by Board

Division 3 — Miscellaneous

Part VII STAGED DEVELOPMENTS

Part VIII GENERAL

FIRST SCHEDULE General meetings of management corporations and subsidiary management corporations

SECOND SCHEDULE Proceedings of councils and executive committees

THIRD SCHEDULE Consequential amendments to Land Titles (Strata) Act (Chapter 158, 1999 Edition)

FOURTH SCHEDULE Transitional and savings provisions

FIFTH SCHEDULE Consequential amendments to other written laws

Legislative Source Key

Legislative History

Comparative Table

Duties of owner developer as regards maintenance funds
17.
—(1)  Subject to subsection (2), the owner developer of the development shall —
(a)
in respect of every lot or proposed lot in the development sold —
(i)
pay into the relevant maintenance fund an amount equal to the amount of maintenance charges which would have been payable by the purchaser until such maintenance charges are due and payable; and
(ii)
collect all maintenance charges due and payable from the purchaser of every lot or proposed lot in that development and pay all such maintenance charges into the relevant maintenance fund established under section 16 for that development;
(b)
in respect of every lot or proposed lot in the development not yet sold, pay into the relevant maintenance fund an amount equal to the amount of maintenance charges which would have been payable by a purchaser of such lot or proposed lot if sold; and
(c)
pay all income derived from the common property and limited common property, if any, of that development into the relevant maintenance fund for that development.
(2)  The owner developer shall pay the maintenance charges referred to in subsection (1)(a) or (b) into the relevant maintenance fund —
(a)
where the lot or proposed lot is sold before a temporary occupation permit is issued in respect of the lot or proposed lot, within a period of 3 months after the temporary occupation permit is issued in respect of the lot or proposed lot; and
(b)
where the lot or proposed lot is sold on or after such a permit is issued, before the expiry of the period referred to in paragraph (a) or from the date the maintenance fund is established under section 16(2) or (3), whichever is the earlier.
(3)  All moneys in any maintenance fund for a development shall be held by the owner developer of the development on trust —
(a)
in the case of a general maintenance fund established under section 16(2), for all the purchasers of lots or proposed lots in that development; and
(b)
in the case of a special maintenance fund established under section 16(3) in respect of any limited common property, for all the purchasers of such lots or proposed lots in that development for whose exclusive benefit that limited common property has been designated under their sale and purchase agreements with the owner developer.
(4)  The moneys in any maintenance fund established under section 16 shall be deposited only with a bank which is licensed under the Banking Act (Cap. 19), and shall not be invested.
(5)  The owner developer of a development shall —
(a)
cause proper books of accounts to be kept in respect of all sums of money received for and all payments out of every maintenance fund established under section 16 for the development, specifying the matters in relation to which the receipts and expenditure take place;
(b)
appoint an auditor to audit every such maintenance fund annually;
(c)
cause the accounts of every such maintenance fund to be audited within 4 months after the management corporation for that development is constituted;
(d)
file with the Commissioner a certified true copy of the audited accounts within 28 days after the accounts of every such maintenance fund have been audited;
(e)
permit the Commissioner, or any person authorised by him to act on his behalf, at all reasonable times full and free access to the accounts and other records of every maintenance fund and permit the Commissioner or the authorised person to make copies of or make extracts from those accounts or other records; and
(f)
furnish a certified true copy of the accounts of every maintenance fund to the Commissioner at such intervals as may be required by the Commissioner.
(6)  Without prejudice to subsection (5), the owner developer of a development shall also —
(a)
within 28 days after the accounts of every such maintenance fund have been audited, make available for a period of 2 weeks such accounts for inspection by any purchaser of any lot or proposed lot in the development or his agent without payment of any fee; and
(b)
at any other time, permit the purchaser of any lot or proposed lot in the development or his agent to inspect the accounts and other records of any such maintenance fund, and to make copies of or make extracts from those accounts or other records, at such time and place as may be agreed between the parties and after payment of a prescribed fee.
(7)  The owner developer of a development shall maintain a register (referred to in this Act as the register of purchasers) in such form as the Commissioner may require, containing the following particulars in respect of the lots or proposed lots in the development:
(a)
the share value assigned or to be assigned to each lot or proposed lot shown in the schedule of strata units or (as the case may be) amended schedule of strata units filed with the Commissioner under section 11;
(b)
the floor area of each lot or proposed lot;
(c)
if the development comprises limited common property, the lots or proposed lots for whose exclusive benefit that limited common property has been designated;
(d)
the name, address and other identification particulars of the purchaser of each lot or proposed lot and, if the purchaser is not a resident of Singapore, an address in Singapore to which notices may be served on the purchaser; and
(e)
the name and address of the solicitors acting for the purchaser of the lot or proposed lot in the sale and purchase of each lot or proposed lot, as the case may be.
(8)  The owner developer of a development shall, within 14 days of a request being made by the Commissioner, forward to the Commissioner a true copy of the register of purchasers for that development.
(9)  Any owner developer who contravenes subsection (1) read with subsection (2), or subsection (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.
(10)  Any owner developer who contravenes subsection (6), (7) or (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.
[BCPA (repealed), ss. 10, 11]