Singapore Government
Link to AGC Website
Home | Search | Browse | Results | My Preferences
 
Contents

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

 
Slider
Left Corner
Print   Link to In-Force Version
On 24/07/2014, you requested the version as published on or before 24/07/2014.
Slider
PART VIII
GENERAL
Other rights and remedies not affected by this Act
123.  Nothing in this Act shall affect or take away any rights or remedies that a subsidiary proprietor or mortgagee of a lot or a management corporation may have in relation to any lot or the common property apart from this Act.
[LT(S)A, s. 115]
Legal proceedings
124.
—(1)  Every application to the court under this Act shall be by originating summons.
(2)  Where this Act provides for any sum to be recovered by any person or authority from any other person or authority, the sum may be recovered by an action for a debt in any court of competent jurisdiction.
[LT(S)A, s. 121]
Corporate offenders and unincorporated associations
125.
—(1)  Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate, the officer as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2)  Where the affairs of the body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3)  Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(4)  Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association or a member of its governing body, the officer or member as well as the association shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(5)  In this section —
“officer”  —
(a)
in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body or person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary and members of the committee of the association and includes persons holding positions analogous to those of president, secretary or member of a committee;
“partner” includes a person purporting to act as a partner.
[BCPA (repealed), s. 19]
Monitoring powers of Commissioner
126.
—(1)  The Commissioner may by notice require an owner developer of a development, the relevant member in the council of any management corporation or the executive committee of any subsidiary management corporation —
(a)
to produce for inspection, without fee or reward, by the Commissioner or a person authorised by the Commissioner, any such books, registers, documents or other records relating to the maintenance of any development or the management of the management corporation or (as the case may be) subsidiary management corporation as the Commissioner may reasonably require for the purposes of the carrying out of his functions under this Act; or
(b)
to furnish the Commissioner, or a person authorised by the Commissioner, with such information or explanation relating to the maintenance of any development or the management of the management corporation or (as the case may be) subsidiary management corporation as the Commissioner may reasonably so require,
and to do so within such reasonable time as is specified in the notice.
(2)  The Commissioner or a person authorised by him may without fee or reward —
(a)
make copies of or extracts from, or records of any information contained in, any books, registers, documents or other records produced under subsection (1)(a); or
(b)
make copies of or extracts from or records of any information or explanation furnished under subsection (1)(b).
(3)  The Commissioner or a person authorised in writing by the Commissioner may, for the purposes of the carrying out of his functions under this Act, enter at any reasonable time any premises occupied by an owner developer, or a management corporation or subsidiary management corporation, as the case may be, and having entered any such premises may —
(a)
inspect any book, register, document or other records relating to the management or the income and expenditure of the management corporation or subsidiary management corporation; and
(b)
make copies of, or records of any information contained in, any such books, registers, documents or other records.
(4)  Where any such records as are mentioned in subsection (1) or (3) are kept in electronic form, then —
(a)
the power of the Commissioner under subsection (1) to require any such records to be produced for inspection includes power to require a copy of the records to be made available for inspection in legible form (and subsection (2)(a) shall accordingly apply in relation to any copy so made available); and
(b)
the power of any person (referred to in this subsection as the inspector) under subsection (3) to inspect any such records includes power to require any person on the premises in question to give the inspector such assistance as the inspector may reasonably require to enable him —
(i)
to inspect and make copies of the records in legible form or to make records of information contained in them; or
(ii)
to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the records.
(5)  In addition to the powers conferred on him by subsections (1) and (2), the Commissioner or a person authorised by him may require, by order in writing, the attendance before the Commissioner or authorised person of —
(a)
an owner developer of any development or an employee thereof within the limits of Singapore who, from any information given or otherwise obtained by the Commissioner, appears to be acquainted with the circumstances of the case; or
(b)
the relevant member in the council of any management corporation or the executive committee of any subsidiary management corporation, any managing agent, or any employee thereof, who, from any information given or otherwise obtained by the Commissioner, appears to be acquainted with the circumstances of the case.
(6)  Any person who —
(a)
refuses to give access to, or assaults, obstructs, hinders or delays, the Commissioner or a person authorised under this section in the discharge of the duties by the Commissioner or such person under this Act;
(b)
without reasonable excuse, refuses to give any information or produce any book, register, document or copy thereof required of him by the Commissioner or such person under subsection (1); or
(c)
without reasonable excuse, fails to comply with a lawful demand of the Commissioner or such person in the discharge by the Commissioner or such person of his duties under this section,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.
(7)  The powers conferred by virtue of subsection (1) may only be exercised by the Commissioner (or, as the case may be, by a person authorised by the Commissioner) for or in connection with obtaining such information or explanations relating to the owner developer, management corporation or subsidiary management corporation, as the case may be, as the Commissioner may reasonably require for the purpose of monitoring compliance on the part of owner developers, management corporations and subsidiary management corporations with the requirements imposed by or by virtue of this Act.
[BCPA (repealed), s. 21]
Supply of false or misleading information to Commissioner
127.
—(1)  Any person who knowingly or recklessly provides the Commissioner with information which is false or misleading in a material particular shall be guilty of an offence if the information is provided —
(a)
in purported compliance with a requirement imposed by or under this Act; and
(b)
otherwise than as mentioned in paragraph (a) but in circumstances in which the person providing the information intends, or could reasonably be expected to know, that it would be used by the Commissioner for the purpose of discharging his functions under this Act.
(2)  Any person who —
(a)
alters, suppresses, conceals or destroys; or
(b)
causes or permits the alteration, suppression, concealment or destruction of,
any document or other record relating to the financial affairs or transactions of an owner developer, a management corporation or subsidiary management corporation with the intention of falsifying the document or record or enabling that organisation or individual to evade any provision of this Act shall be guilty of an offence.
(3)  Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
General penalties
128.  Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $3,000.
Service of notices
129.
—(1)  Unless otherwise expressly provided in this Act, a notice that is required or authorised by this Act to be given to or served on a person may be given to or served on that person —
(a)
by posting it or sending it by facsimile transmission to his address for service (within the meaning of this section) or to his last known place of residence or business;
(b)
by leaving it at his address for service (within the meaning of this section) or at his last known place of residence or business; or
(c)
in the case of a subsidiary proprietor, by affixing the notice on the front door of his lot.
(2)  A summons or other legal process may be served on a management corporation or subsidiary management corporation by leaving it with the chairperson or secretary of the management corporation or subsidiary management corporation or of the council or with any member of the council thereof.
(3)  A document other than a document referred to in subsection (2) may be served on a management corporation or subsidiary management corporation —
(a)
by leaving it with any person referred to in subsection (1) or in the receptacle provided by the management corporation or subsidiary management corporation under section 28; or
(b)
by sending it, by registered post, to the management corporation at its address recorded on the folio of the land-register comprising the common property.
(4)  The address for service for persons other than a management corporation or subsidiary management corporation shall be as follows:
(a)
in the case of an occupier of a lot, the address for service shall be the address of the lot; and
(b)
where an address for service of notices is recorded in the address so recorded in the strata roll, the address so recorded.
(5)  Where any notice or other document is —
(a)
sent by facsimile transmission in accordance with subsection (1), it shall be deemed to have been duly served on the person to whom it is addressed where there is an acknowledgment by electronic or other means to the effect that the notice or document has been received at the address for service or place of residence or business, as the case may be;
(b)
sent by pre-paid registered post, it shall be deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, notwithstanding it is returned undelivered; or
(c)
delivered to or affixed on the front door of any lot, it shall be deemed to have been duly served on the person on the date of such delivery or affixing of the notice or document at that lot.
(6)  Subject to subsection (2), this section shall not apply to notices and documents to be served in proceedings in court.
[LT(S)A, s. 119]
Jurisdiction of court
130.  Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court and a Magistrate’s Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.
Composition of offences
131.
—(1)  The Commissioner may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $2,000.
(2)  The Minister may make regulations to prescribe the offences which may be compounded.
(3)  All sums collected under this section shall be paid to the Building and Construction Authority.
[BCPA (repealed), s. 4(4)]
Protection from liability
132.  No action shall lie against the Commissioner or any officer appointed under this Act or any person acting under the direction of the Commissioner or that officer in respect of any matter or thing done in good faith for the purpose of carrying out the provisions of this Act.
[BCPA (repealed), s. 22]
Application to Government
133.  This Act shall bind the Government but nothing in this Act shall render the Government liable to prosecution for an offence.
Exemption
134.
—(1)  The Minister may, by order published in the Gazette, exempt any person or building, or any class of persons or buildings, from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed.
(2)  The Minister may, on the application of any person, exempt the person from all or any of the provisions of this Act, by notice in writing, if the Minister considers it appropriate to do so in the circumstances of the case.
(3)  An exemption under subsection (2) —
(a)
may be granted subject to such terms or conditions as the Minister may specify by notice in writing;
(b)
need not be published in the Gazette; and
(c)
may be withdrawn at any time if the Minister considers it necessary in the public interest.
(4)  Any person who contravenes any term or condition prescribed under subsection (1) or specified by the Minister under subsection (3)(a) shall be guilty of an offence.
[BCPA (repealed), s. 9(5)]
Amendment of Schedules
135.
—(1)  The Minister may at any time, by order published in the Gazette, amend the First or Second Schedule.
(2)  The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient.
Regulations
136.
—(1)  The Minister may make regulations for carrying out the purposes and provisions of this Act.
(2)  Without prejudice to the generality of subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:
(a)
providing for proper standards of management and maintenance in respect of buildings, any common property and limited common property;
(b)
the nomination and election of members of the council of a management corporation or the executive committee of a subsidiary management corporation;
(c)
the minimum amount of contributions payable by subsidiary proprietors towards any sinking fund of a management corporation or subsidiary management corporation;
(d)
the investment of moneys belonging to a sinking fund of a management corporation or subsidiary management corporation;
(e)
the provision of parking places for the exclusive use of residents of lots in subdivided buildings used for both residential and commercial purposes;
(f)
the fees to be paid to management corporations or subsidiary management corporations for anything to be done under this Act;
(g)
the fees to be paid in respect of any matter or thing required for the purposes of this Act, including approvals, permits or licences required under this Act and the refund and remission, whether in whole or in part, of such fees;
(h)
the practice and procedure of the Strata Titles Boards; or
(i)
any other matter which by this Act is required or permitted to be prescribed or is necessary or convenient to be prescribed for carrying out or giving effect to any provision of this Act.
(3)  Regulations made under this section may make different provisions for different types of buildings, common property and limited common property.
(4)  The Minister may, in making any regulations under subsection (1), provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $5,000.
[BCPA (repealed), s. 23; LT(S)A, s. 130]
Transitional and savings provisions due to repeal of Buildings and Common Property (Maintenance and Management) Act
137.
—(1)  The transitional and savings provisions contained in Part I of the Fourth Schedule [provisions due to repeal of Buildings and Common Property (Maintenance and Management) Act] shall have effect.
(2)  Any written law or document referring to the repealed Buildings and Common Property (Maintenance and Management) Act8 shall, as far as may be necessary for preserving its effect, be construed as referring or as including a reference to this Act.
8  The Buildings and Common Property (Maintenance and Management) Act (Cap. 30, 2000 Rev. Ed.) was repealed by the Building Maintenance and Strata Management Act 2004 (Act 47 of 2004) with effect from 1st April 2005.
Consequential amendments to Land Titles (Strata) Act
138.
—(1)  The provisions of the Land Titles (Strata) Act (Cap. 158) specified in the first column of the Third Schedule are amended in the manner set out in the second column thereof.
(2)  The transitional and savings provisions contained in Part II of the Fourth Schedule to this Act shall have effect.
Transitional and savings provisions
139.
—(1)  Except as otherwise expressly provided in the Fourth Schedule to this Act —
(a)
the provisions of this Act shall apply to buildings comprised in any strata title plan registered under the Land Titles (Strata) Act before the commencement of section 138; and
(b)
nothing in that Schedule shall affect any saving provided by the Interpretation Act (Cap. 1).
[47/2007]
(2)  Except as otherwise expressly provided in the Fourth Schedule, where any period of time specified in any former provision is current immediately before the date of commencement for the repeal or amendment, as the case may be, of the former provision, this Act shall have effect as if the corresponding provision in this Act had been in force when the period began to run; and (without prejudice to the foregoing) any period of time so specified and current shall be deemed for the purposes of this Act —
(a)
to run from the date or event from which it was running immediately before that day; and
(b)
to expire (subject to any provision of this Act for its extension) whenever it would have expired if this Act had not been enacted,
and any rights, priorities, liabilities, reliefs, obligations, requirements, powers, duties or exemptions dependent on the beginning, duration or end of such a period as above mentioned shall be under this Act as they were or would have been under that former provision.
(3)  For a period of 2 years after 1st April 2005, as the case may be, the Minister may, by order published in the Gazette, add to the Fourth Schedule by prescribing such provisions of a savings or transitional nature consequent on the enactment of section 137 or 138, as he may consider necessary or expedient.
(4)  In this section, “former provision” means any provision in the repealed Act or any provision of the Land Titles (Strata) Act (Cap. 158) repealed or amended by this Act.
Consequential amendments to other written laws
140.  The provisions of the other Acts specified in the first column of the Fifth Schedule are amended in the manner set out in the second column thereof.