On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 01/03/2012.
PART VA
COLLECTIVE SALE OF PROPERTY
Application for collective sale of parcel by majority of subsidiary proprietors who have made conditional sale and purchase agreement
84A.
—(1) An application for an order for the sale of all the lots and common property in a strata title plan may be made by —
(a)
the subsidiary proprietors of the lots with not less than 90% of the share values and not less than 90% of the total area of all the lots (excluding the area of any accessory lot) as shown in the subsidiary strata certificates of title where less than 10 years have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building (not being any common property) comprised in the strata title plan or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building (not being any common property) comprised in the strata title plan, whichever is the later; or
(b)
the subsidiary proprietors of the lots with not less than 80% of the share values and not less than 80% of the total area of all the lots (excluding the area of any accessory lot) as shown in the subsidiary strata certificates of title where 10 years or more have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building (not being any common property) comprised in the strata title plan or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building (not being any common property) comprised in the strata title plan, whichever is the later,
who have agreed in writing to sell all the lots and common property in the strata title plan to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the sale proceeds to all the subsidiary proprietors (whether in cash or kind or both), subject to an order being made under subsection (6) or (7).
[21/99; 46/2007]
(1A) For the purposes of a collective sale under this section and before the signing of the collective sale agreement by any subsidiary proprietor —
(a)
there shall be constituted a collective sale committee to act jointly on behalf of the subsidiary proprietors of the lots whose members shall be elected by the subsidiary proprietors of the lots at a general meeting of the management corporation convened in accordance with the Second Schedule; and
(b)
the Third Schedule shall have effect as respects the collective sale committee, its composition, constitution, members and proceedings.
[46/2007]
(2) The subsidiary proprietors referred to in subsection (1) shall appoint not more than 3 persons from the collective sale committee referred to in subsection (1A) to act jointly as their authorised representatives in connection with any application made under subsection (1).
[21/99; 46/2007]
(2A) An application under subsection (1) for an order for the sale of all the lots and common property in a strata title plan —
(a)
must be made to a Board in the first instance; and
(b)
may be made to the High Court thereafter if, and only if, a section 84A stop order is issued by the Board under subsection (6A)(b) with respect to the application to that Board in respect of the same sale.
(2B) An application to the High Court under subsection (1) for an order for the sale of all the lots and common property in a strata title plan must be made within a period of 14 days after a section 84A stop order is issued by a Board under subsection (6A)(b) in relation to the same sale.
(3) Subject to subsection (7C), no application may be made to a Board under subsection (1) by the subsidiary proprietors referred to in subsection (1) unless they have complied with the requirements specified in the First, Second and Third Schedules and have provided an undertaking to pay the costs of the Board under subsection (5).
[46/2007]
(4) In the case of an application to a Board under subsection (1) for an order for the sale of all the lots and common property in a strata title plan, each of the following persons may file an objection to the sale, stating the grounds of objection, within a period of 21 days after the date of the notice served pursuant to paragraph 1(e) of the First Schedule or such longer period as the Board allows in exceptional circumstances, whether before or after the end of the 21 days:
(a)
a subsidiary proprietor of any lot in the strata title plan who has not agreed in writing to the sale; and
(b)
a mortgagee, chargee or other person (other than a lessee) with an estate or interest in land and whose interest is notified on the land-register for that lot.
(4A) Where a section 84A stop order is issued under subsection (6A)(b) in respect of an application to a Board under subsection (1) for an order for the sale of all the lots and common property in a strata title plan, and an application is then made to the High Court under subsection (1) for an order for the same sale of all the lots and common property in the same strata title plan, any person referred to in subsection (4)(a) or (b) who filed an objection to the Board (but no others) may re-file his objection to the sale, stating the same grounds of objection, to the High Court in the manner and within the time delimited by the Rules of Court.
(5) The Board shall have power —
(a)
to mediate in any matter arising from an application made to it under subsection (1);
(aa)
to summon any person whom the Board is of the view is connected or otherwise related to the sale which is the subject of the application, to attend before the Board at the time and place specified in the summons and to produce such books, documents or other records in the person’s custody or control which the person is required by the summons to produce;
(b)
to call for a valuation report or other report and to require the subsidiary proprietors referred to in subsection (1) to pay for the costs; and
(c)
to impose such conditions as it may think fair and reasonable in approving an application made to it under subsection (1).
[21/99; 46/2007]
(5A) Where an application is made under subsection (1) to the High Court in the circumstances described in subsection (2A)(b), the High Court shall, without prejudice to such other powers it may have under law, have power —
(a)
to summon any person whom the Court is of the view is connected or otherwise related to the sale which is the subject of the application, to attend before the Court at the time and place specified in the summons and to produce such books, documents or other records in the person’s custody or control which the person is required by the summons to produce;
(b)
to call for a valuation report or other report and to require the subsidiary proprietors referred to in subsection (1) to pay for the costs; and
(c)
to impose such conditions as it may think fair and reasonable in approving the application.
(6) Where an application has been made under subsection (1) to a Board and no objection has been filed under subsection (4), the Board shall, subject to subsection (9), approve the application and order that the lots and common property in the strata title plan be sold.
[21/99]
(6A) Where an application is made under subsection (1) to a Board, and one or more objections have been filed under subsection (4) in relation to that application —
(a)
the Board shall mediate matters that are in dispute between the objectors and the applicants to achieve a resolution of the dispute; and
(b)
if —
(i)
at the end of a period of 60 days starting from the first day set aside for mediation; or
(ii)
mediation has proceeded as far as it reasonably can in an attempt to achieve a resolution of the dispute but has nevertheless failed to resolve the dispute,
whichever first occurs, one or more of those objections are not withdrawn, the Board shall, subject to subsection (6B), order a discontinuance of all proceedings before it in connection with that application (referred to in this section as a section 84A stop order).
(6B) No section 84A stop order shall be made by a Board under subsection (6A)(b) with respect to an application made to it under subsection (1) unless —
(a)
the Board has, by notice served on every objector who filed an objection under subsection (4) in relation to that application and the authorised representatives of the applicants, informed the objector and authorised representatives of its intention to make a section 84A stop order; and
(b)
at the end of a period of 7 days after the notice under paragraph (a) is so served, one or more of those objections so filed are not withdrawn.
(7) Where one or more objections have been filed under subsection (4A) in respect of an application under subsection (1) to the High Court, the High Court shall, subject to subsection (9), approve the application and order that all the lots and common property in the strata title plan be sold unless, having regard to the objections, the High Court is satisfied that —
(a)
any objector, being a subsidiary proprietor, will incur a financial loss; or
(b)
the proceeds of sale for any lot to be received by any objector, being a subsidiary proprietor, mortgagee or chargee, are insufficient to redeem any mortgage or charge in respect of the lot.
(7A) An order made under subsection (7) by the High Court may, with the consent of the collective sale committee, include an order that the proceeds of sale for any lot to be received by an objector, being a subsidiary proprietor who has filed an objection under subsection (4A), be increased if the High Court is satisfied that it would be just and equitable to do so.
[46/2007]
(7B) The total sum ordered by the High Court for all the objectors under subsection (7A) shall be paid from the proceeds of sale of all the subsidiary proprietors and shall not exceed the aggregate sum of 0.25% of the proceeds of sale for each lot or $2,000 for each lot, whichever is the higher.
[46/2007]
(7C) A Board shall not invalidate an application to the Board for an order under subsection (1) or section 84D(2), 84E(3) or 84FA(2) by reason only of non-compliance with any requirement in the First, Second or Third Schedule if the Board is satisfied that such non-compliance does not prejudice the interest of any person, and the Board may make such order as may be necessary to rectify the non-compliance and such order for costs.
[46/2007; 30/2008]
(8) For the purposes of subsection (7)(a), a subsidiary proprietor —
(a)
shall be taken to have incurred a financial loss if the proceeds of sale for his lot, after such deduction as the High Court may allow (including all or any of the deductions specified in the Fourth Schedule), are less than the price he paid for his lot;
(b)
shall not be taken to have incurred a financial loss by reason only that his net gain from the sale of his lot will be less than the other subsidiary proprietors; and
(c)
shall not be taken to have incurred a financial loss by reason that the proceeds of sale for his lot, after such deduction as the High Court may allow (including all or any of the deductions specified in the Fourth Schedule), are less than the price he paid for his lot if he had purchased the lot after a collective sale committee had signed a sale and purchase agreement to sell all the lots and common property to a purchaser.
[21/99; 46/2007]
(9) The High Court or a Board shall not approve an application made under subsection (1) —
(a)
if the High Court or Board, as the case may be, is satisfied that —
(i)
the transaction is not in good faith after taking into account only the following factors:
(A)
the sale price for the lots and the common property in the strata title plan;
(B)
the method of distributing the proceeds of sale; and
(C)
the relationship of the purchaser to any of the subsidiary proprietors; or
(ii)
the sale and purchase agreement would require any subsidiary proprietor who has not agreed in writing to the sale to be a party to any arrangement for the development of the lots and the common property in the strata title plan; or
(b)
if the collective sale committee does not consent to any order made by the High Court under subsection (7A).
[46/2007]
(10) Where no objection has been filed under subsection (4) to a Board or under subsection (4A) to the High Court, the determination under subsection (9) shall be made by the High Court or the Board on the basis of the facts available to the High Court or Board, as the case may be.
(11) The High Court or a Board may make all such other orders and give such directions as may be necessary or expedient to give effect to any order made under subsection (6) or (7) for the sale of all the lots and common property in a strata title plan, including but not limited to a direction apportioning all reasonable costs and expenses incurred in connection with the sale that is the subject of an order under subsection (6) or (7) to be borne by all or any subsidiary proprietors of the lots in the strata title plan, whether or not they are objectors.
(11A) Any order or direction made by a Strata Titles Board before the date of commencement of section 2(q) of the Land Titles (Strata) (Amendment) Act 2010 apportioning among all or any subsidiary proprietors of the lots in a strata title plan or development, whether or not they are objectors, all reasonable costs and expenses incurred in connection with a sale that is the subject of an order under subsection (6) or (7) shall be deemed to have been validly made in accordance with subsection (11) as if subsection (11) had been in force on that date.
(12) The High Court or a Board may, at any time it thinks fit, extend, vary, revoke or discharge any order made under this section, and may vary any term or condition upon or subject to which any such order has been made.
[21/99]
(13) A notice sent by registered post under the First Schedule shall be deemed to be duly served on the person to whom it is addressed 2 days after the day on which the notice was posted, notwithstanding the fact that the letter may be returned by the post office as undelivered.
[21/99; 47/2004; 46/2007]
(14) The Minister may, by order published in the Gazette, amend or add to the First, Second, Third and Fourth Schedules.
[21/99; 47/2004; 46/2007]
(15) In this section, “subsidiary proprietor” includes a successor in title.
[21/99]
84B.
—(1) Where the High Court or a Board has made an order under section 84A(6), (7) or (11) —
(a)
the order shall bind all the subsidiary proprietors of the lots in the strata title plan, their successors in title and assigns and any mortgagee, chargee or other person with an estate or interest in land;
(b)
the subsidiary proprietors of the lots shall sell the lots and common property in accordance with the sale and purchase agreement; and
(c)
a lease affecting any of the lots in the strata title plan (other than a lease held by a subsidiary proprietor) shall, if there is no earlier agreed date, determine on the date on which vacant possession is to be given to the purchaser of the lots and common property.
[21/99]
(2) Nothing in subsection (1)(c) shall prejudice the rights of any lessee of a subsidiary proprietor to compensation from the subsidiary proprietor.
[21/99]
(3) [Deleted by Act 13/2010 wef 15/07/2010]
(4) The subsidiary proprietors of the lots who have not agreed in writing to the sale under section 84A and any mortgagee, chargee or other person with an estate or interest in those lots shall, for the purposes of the sale of the lots and common property, produce the subsidiary strata certificates of title for the lots to the person having conduct of the sale, the representatives appointed under section 84A(2) or to their solicitors.
[21/99; 46/2007]
84C.
—(1) Where the High Court or a Board has made an order under section 84A(6), (7) or (11), the High Court or the president, deputy president or registrar of the Board, as the case may be, may, on application by the representatives of the subsidiary proprietors appointed under section 84A(2), appoint any person to deal with all matters in connection with the sale of any lot —
(a)
where the subsidiary proprietor of the lot has died and no personal representative has been appointed; or
(b)
in such other case as the High Court or the president, deputy president or registrar of the Board, as the case may be, thinks fit.
[21/99; 46/2007]
(2) The High Court or the president, deputy president or registrar of the Board, as the case may be, may authorise the person appointed under subsection (1) to act for the subsidiary proprietor concerned in all aspects of the sale, including the redemption of mortgages and charges, the execution of the transfer, the receipt of moneys, the settlement of encumbrances on the lot, applying for a replacement subsidiary strata certificate of title, giving valid receipts thereof and as soon as practicable paying the remaining moneys into court under section 62 of the Trustees Act (Cap. 337).
[21/99; 46/2007]
(3) The execution of any instrument in respect of any lot by the person appointed under subsection (1) shall have the same force and validity as if it had been executed by the subsidiary proprietor in whom the lot is vested.
[21/99]
(4) When the transfers of the lots in the strata title plan are lodged for registration under this Act, the authorised representatives or the solicitor acting for the subsidiary proprietors or the person appointed under subsection (1) shall certify in such form as the Registrar may approve that the provisions of section 84A have been complied with; and the certificate in favour of the purchaser of the lots and common property and the Registrar shall be conclusive evidence of the facts stated therein.
[21/99]
Application for collective sale of parcel not registered under this Act by majority of proprietors where proprietors of flats own land
84D.
—(1) This section shall apply where there are subsisting leases of flats in a development registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157) and the proprietors of the flats own the land comprised in the development.
[21/99]
(2) An application for an order for the sale of all the flats and the land in a development to which this section applies may be made by —
(a)
the proprietors of the flats who own not less than 90% share of the land and not less than 90% of the total area of all the flats where less than 10 years have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building (not being any common property) comprised in the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building (not being any common property) comprised in the development, whichever is the later; or
(b)
the proprietors of the flats who own not less than 80% share of the land and not less than 80% of the total area of all the flats where 10 years or more have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building (not being any common property) comprised in the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building (not being any common property) comprised in the development, whichever is the later,
who have agreed in writing to sell all the flats and the land in the development to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the sale proceeds to all the proprietors of the flats (whether in cash or kind or both), subject to an order being made under subsection (4) or (5).
[21/99; 46/2007]
(2A) An application under subsection (2) for an order for the sale of all the flats and the land in a development to which this section applies —
(a)
must be made to a Board in the first instance; and
(b)
may be made to the High Court thereafter if, and only if, a section 84D stop order is issued by the Board under subsection (4A)(b) with respect to the application to that Board in respect of the same sale.
(2B) An application to the High Court under subsection (2) for an order for the sale of all the flats and the land in a development to which this section applies must be made within a period of 14 days after a section 84D stop order is issued by a Board under subsection (4A)(b) in relation to the same sale.
(3) In the case of an application to a Board under subsection (2) for an order for the sale of all the flats and the land in a development to which this section applies, each of the following persons may file an objection to the sale, stating the grounds for the objection, within a period of 21 days after the date of the notice served pursuant to paragraph 1(e) of the First Schedule or such longer period as the Board allows in exceptional circumstances, whether before or after the end of the 21 days:
(a)
a proprietor of any flat in the development who has not agreed in writing to the sale; and
(b)
a mortgagee, chargee or other person (other than a lessee) with an estate or interest in the flat and whose interest is notified on the land-register for that flat.
(3A) Where a section 84D stop order is issued under subsection (4A)(b) in respect of an application to a Board under subsection (2) for an order for the sale of all the flats and the land in a development to which this section applies, and an application is made to the High Court under subsection (2) for an order for the same sale of all the flats and the land in the same development, any person referred to in subsection (3)(a) or (b) who filed an objection to the Board (but no others) may re-file his objection to the sale, stating the same grounds of objection, to the High Court in the manner and within the time delimited by the Rules of Court.
(4) Where an application has been made to a Board under subsection (2) and no objection has been filed under subsection (3), the Board shall, subject to subsection (7), approve the application and order that the flats and the land in the development be sold.
[21/99]
(4A) Where an application is made under subsection (2) to a Board, and one or more objections have been filed under subsection (3) in relation to that application —
(a)
the Board shall mediate matters that are in dispute between the objectors and the applicants to achieve a resolution of the dispute; and
(b)
if —
(i)
at the end of a period of 60 days starting from the first day set aside for mediation; or
(ii)
mediation has proceeded as far as it reasonably can in an attempt to achieve a resolution of the dispute but has nevertheless failed to resolve the dispute,
whichever first occurs, one or more of those objections are not withdrawn, the Board shall, subject to subsection (4B), order a discontinuance of all proceedings before it in connection with that application (referred to in this section as a section 84D stop order).
(4B) No section 84D stop order shall be made by a Board under subsection (4A)(b) with respect to an application made to it under subsection (2) unless —
(a)
the Board has, by notice served on every objector who filed an objection under subsection (3) in relation to that application and the authorised representatives of the applicants, informed the objector and authorised representatives of its intention to make a section 84D stop order; and
(b)
at the end of a period of 7 days after the notice under paragraph (a) is so served, one or more of those objections so filed are not withdrawn.
(5) Where one or more objections have been filed under subsection (3A) in respect of an application to the High Court under subsection (2), the High Court shall, subject to subsection (7), approve the application and order that the flats and the land in the development be sold unless, having regard to the objections, the High Court is satisfied that —
(a)
any objector, being a proprietor, will incur a financial loss; or
(b)
the proceeds of sale for any flat to be received by any objector, being a proprietor, mortgagee or chargee, are insufficient to redeem any mortgage or charge in respect of the flat.
(5A) An order made under subsection (5) by the High Court may, with the consent of the collective sale committee, include an order that the proceeds of sale for any flat to be received by an objector, being a proprietor who has filed an objection under subsection (3A), be increased if the High Court is satisfied that it would be just and equitable to do so.
[46/2007]
(5B) The total sum ordered by the High Court for all the objectors under subsection (5A) shall be paid from the proceeds of sale of all the proprietors and shall not exceed the aggregate sum of 0.25% of the proceeds of sale for each flat or $2,000 for each flat, whichever is the higher.
[46/2007]
(6) For the purposes of subsection (5)(a), a proprietor —
(a)
shall be taken to have incurred a financial loss if the proceeds of sale for his flat, after any deduction allowed by the High Court, are less than the price he paid for his flat;
(b)
shall not be taken to have incurred a financial loss by reason only that his net gain from the sale of his flat will be less than the other proprietors.
[21/99]
(7) The High Court or a Board shall not approve an application made under subsection (2) —
(a)
if the High Court or Board, as the case may be, is satisfied that —
(i)
the transaction is not in good faith after taking into account only the following factors:
(A)
the sale price for the flats and the land in the development;
(B)
the method of distributing the proceeds of sale; and
(C)
the relationship of the purchaser to any of the proprietors; or
(ii)
the sale and purchase agreement would require any proprietor who has not agreed in writing to the sale to be a party to any arrangement for the development of the flats and the land in the development; or
(b)
if the collective sale committee does not consent to any order made by the High Court under subsection (5A).
[46/2007]
(8) Where no objection has been filed under subsection (3) to a Board or under subsection (3A) to the High Court, the determination under subsection (7) shall be made by the High Court or the Board on the basis of the facts available to the High Court or Board, as the case may be.
(9) Sections 84A(1A), (2), (3), (5), (5A), (7C), (8)(a), (b) and (c), (11), (11A), (12) and (13), 84B and 84C and the Second and Third Schedules shall apply, with the necessary modifications, to any application or order made under this section.
[21/99; 46/2007]
[Act 2 of 2012 wef 01/03/2012]
(9A) In the application of section 84A(1A) and the Second and Third Schedules to any development to which this section applies, any reference to a management corporation shall be read as a reference to the proprietors of the flats.
[46/2007]
(10) In this section —
“development” means any parcel of land with one or more buildings where the parcel is owned by the proprietors of the flats;
“proprietor” includes a successor in title.
[21/99]
Application for collective sale where proprietors of flats own leasehold tenure of at least 850 years or other tenure in flats not registered under this Act but do not own land
84E.
—(1) This section shall apply where there are subsisting leases of flats in a development registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157) for a leasehold tenure of 850 years or more or for such other tenure as the Minister may, by notification in the Gazette, specify and where the proprietors of the flats do not own the land comprised in the development.
[21/99; 46/2007]
(2) The proprietors of 25% of the flats to which this section applies may apply to the Registrar for notional shares in the land to be assigned to each of the flats based on the method used by the Commissioner for the allocation of share values.
(3) An application for an order for the sale of all the flats and the land in a development to which this section applies may be made by —
(a)
the proprietors of the flats who own not less than 90% notional share of the land and not less than 90% of the total area of all the flats where less than 10 years have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building (not being any common property) comprised in the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building (not being any common property) comprised in the development, whichever is the later; or
(b)
the proprietors of the flats who own not less than 80% of notional share of the land and not less than 80% of the total area of all the flats where 10 years or more have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building (not being any common property) comprised in the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building (not being any common property) comprised in the development, whichever is the later,
who have agreed in writing to sell all the flats in the development to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the sale proceeds to all the proprietors of the flats (whether in cash or kind or both), subject to an order being made under subsection (6) or (7).
[21/99; 46/2007]
(3A) An application under subsection (3) for an order for the sale of all the flats and the land in a development to which this section applies —
(a)
must be made to a Board in the first instance; and
(b)
may be made to the High Court thereafter if, and only if, a section 84E stop order is issued by the Board under subsection (6A)(b) with respect to the application to that Board in respect of the same sale.
(3B) An application to the High Court under subsection (3) for an order for the sale of all the flats and the land in a development to which this section applies must be made within a period of 14 days after a section 84E stop order is issued by a Board under subsection (6A)(b) in relation to the same sale.
(4) The proprietors of the flats referred to in subsection (3) shall also serve a copy of the notice to be served pursuant to the First Schedule on the proprietor of the land and every mortgagee, chargee or other person with an estate or interest in the land and whose interest is notified on the land-register for that land.
[21/99; 47/2004; 46/2007]
(5) In the case of an application to a Board under subsection (3) for an order for the sale of all the flats and the land in a development to which this section applies, each of the following persons may file an objection to the sale, stating the grounds of objection, within a period of 21 days after the date of the notice served pursuant to paragraph 1(e) of the First Schedule or such longer period as the Board allows in exceptional circumstances, whether before or after the end of the 21 days:
(a)
a proprietor of any flat in the development who has not agreed in writing to the sale; and
(b)
a mortgagee, chargee or other person (other than a lessee) with an estate or interest in the flat and whose interest is notified on the land-register for that flat.
(5A) Where a section 84E stop order is issued under subsection (6A)(b) in respect of an application to a Board under subsection (3) for an order for the sale of all the flats and the land in a development to which this section applies, and an application is made to the High Court under subsection (3) for an order for the same sale of all the flats and the land in the same development, any person referred to in subsection (5)(a) or (b) who filed an objection to the Board (but no others) may re-file his objection to the sale, stating the same grounds of objection, to the High Court in the manner and within the time delimited by the Rules of Court.
(6) Where an application has been made to a Board under subsection (3) and no objection has been filed under subsection (5), the Board shall, subject to subsection (9), approve the application and order that the flats and the land in the development be sold.
[21/99]
(6A) Where an application is made under subsection (3) to a Board, and one or more objections have been filed under subsection (5) in relation to that application —
(a)
the Board shall mediate matters that are in dispute between the objectors and the applicants to achieve a resolution of the dispute; and
(b)
if —
(i)
at the end of a period of 60 days starting from the first day set aside for mediation; or
(ii)
mediation has proceeded as far as it reasonably can in an attempt to achieve a resolution of the dispute but has nevertheless failed to resolve the dispute,
whichever first occurs, one or more of those objections are not withdrawn, the Board shall, subject to subsection (6B), order a discontinuance of all proceedings before it in connection with that application (referred to in this section as a section 84E stop order).
(6B) No section 84E stop order shall be made by a Board under subsection (6A)(b) with respect to an application made to it under subsection (3) unless —
(a)
the Board has, by notice served on every objector who filed an objection under subsection (5) in relation to that application and the authorised representatives of the applicants, informed the objector and authorised representatives of its intention to make a section 84E stop order; and
(b)
at the end of a period of 7 days after the notice under paragraph (a) is so served, one or more of those objections so filed are not withdrawn.
(7) Where one or more objections have been filed under subsection (5A) in respect of an application to the High Court under subsection (3), the High Court shall, subject to subsection (9), approve the application and order that all the flats and the land in the development be sold unless, having regard to the objections, the High Court is satisfied that —
(a)
any objector, being a proprietor, will incur a financial loss; or
(b)
the proceeds of sale for any flat to be received by any objector, being a proprietor, mortgagee or chargee, are insufficient to redeem any mortgage or charge in respect of the flat.
(7A) An order made under subsection (7) by the High Court may, with the consent of the collective sale committee, include an order that the proceeds of sale for any flat to be received by an objector, being a proprietor who has filed an objection under subsection (5), be increased if the High Court is satisfied that it would be just and equitable to do so.
[46/2007]
(7B) The total sum ordered by the High Court for all the objectors under subsection (7A) shall be paid from the proceeds of sale of all the proprietors and shall not exceed the aggregate sum of 0.25% of the proceeds of sale for each flat or $2,000 for each flat, whichever is the higher.
[46/2007]
(8) For the purposes of subsection (7)(a), a proprietor —
(a)
shall be taken to have incurred a financial loss if the proceeds of sale for his flat, after any deduction allowed by the High Court, are less than the price he paid for his flat;
(b)
shall not be taken to have incurred a financial loss by reason only that his net gain from the sale of his flat will be less than the other proprietors.
[21/99]
(9) The High Court or a Board shall not approve an application made under subsection (3) —
(a)
if the High Court or Board, as the case may be, is satisfied that —
(i)
the transaction is not in good faith after taking into account only the following factors:
(A)
the sale price for the flats and the land in the development;
(B)
the method of distributing the proceeds of sale; and
(C)
the relationship of the purchaser to any of the proprietors; or
(ii)
the sale and purchase agreement would require any proprietor who has not agreed in writing to the sale to be a party to any arrangement for the development of the flats and the land in the development; or
(b)
if the collective sale committee does not consent to any order made by the High Court under subsection (7A).
[46/2007]
(10) Where no objection has been filed under subsection (5) to a Board or under subsection (5A) to the High Court, the determination under subsection (9) shall be made by the High Court or the Board on the basis of the facts available to the High Court or Board, as the case may be.
(11) Where the High Court or a Board, as the case may be, has made an order for the sale of the flats and the land, the proprietor of the land shall be deemed to have transferred his estate and interest in the land to the purchaser without consideration upon the registration by the Registrar of the transfers of all the flats (except the flats deemed to be owned by the proprietor under subsection (14)) in the development and the Registrar shall enter a notification of the vesting of the land in the purchaser on the land-register.
[21/99]
(12) The proprietors of the flats who have not agreed in writing to the sale, the proprietor of the land, a mortgagee, chargee or other person with an estate or interest in land, where applicable, shall produce the title deeds for the flats or the land to the person having conduct of the sale, the representatives appointed under section 84A(2) or to their solicitors.
[21/99]
(13) If the title deeds for the flats or the land are not produced under subsection (12), the person having conduct of the sale shall not be required to produce to the purchaser any title deed other than a certified true copy of the title deed or a subsidiary certificate of title.
[21/99]
(14) Where the proprietor of the land in a development referred to in subsection (1) has granted leases for some but not all the flats in the development, he shall be deemed to be the proprietor of the flats which are still owned by him.
[21/99]
(14A) Upon registration by the Registrar of the transfers of all the flats (except the flats deemed to be owned by the proprietor under subsection (14)) in the development —
(a)
the proprietor of the land shall be deemed to have transferred his estate and interest in the flats which are still owned by him to the purchaser; and
(b)
the Registrar shall enter a notification of the vesting of such flats in the purchaser on the land-register.
[46/2007]
(14B) The Registrar may dispense with production of the certificate of title for the land for the purposes of subsections (11) and (14A).
[46/2007]
(15) Sections 84A(1A), (2), (3), (5), (5A), (7C), (8)(a), (b) and (c), (11), (11A), (12) and (13), 84B and 84C and the Second and Third Schedules shall apply, with the necessary modifications, to any application or order made under this section.
[21/99; 46/2007]
[Act 2 of 2012 wef 01/03/2012]
(15A) In the application of section 84A(1A) and the Second and Third Schedules to any development to which this section applies, any reference to a management corporation shall be read as a reference to the proprietors of the flats.
[46/2007]
(16) In this section —
“development” means any parcel of land with one or more buildings;
“proprietor” includes a successor in title.
[21/99]
Collective sale by all proprietors of flats who own leasehold tenure of at least 850 years or other tenure in flats not registered under this Act but do not own land
84F.
—(1) This section shall apply where there are subsisting leases of flats registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157) for a leasehold tenure of 850 years or more or for such other tenure as the Minister may, by notification in the Gazette, specify and where the proprietors of the flats do not own the land comprised in the development.
[21/99; 46/2007]
(2) Where the proprietors of all the flats in a development to which this section applies agree in writing under a sale and purchase agreement to sell all their flats to a purchaser (whether in cash or kind or both), they shall serve a notice on the proprietor of the land and every mortgagee, chargee or other person with an estate or interest in the land and whose interest is notified on the land-register at least 21 days before the date of the first transfer of any such flat informing them of the transfer under subsection (4).
[21/99]
(3) Notice under subsection (2) shall be given by —
(a)
advertising the proposed sale in such local newspapers in the 4 official languages as approved by the Registrar;
(b)
serving the notice on the proprietor of the land and every mortgagee, chargee or other person with an estate or interest in the land and whose interest is notified on the land-register by registered post; and
(c)
affixing a copy of the notice in the 4 official languages to a conspicuous part of each building in the development.
[21/99]
(4) The proprietor of the land referred to in subsection (2) shall be deemed to have transferred his estate and interest in the land to the purchaser without consideration upon the registration by the Registrar of the transfers of all the flats in the development and the Registrar shall enter a notification of the vesting of the land in the purchaser on the land-register.
[21/99]
(5) A notice sent by registered post under this section to a proprietor of the land, his mortgagee, chargee or other person with an estate or interest in the land and whose interest is notified on the land-register at its last registered address in the case of a company registered under the Companies Act (Cap. 50) or otherwise at its last recorded address at the Land Titles Registry or the Registry of Deeds, as the case may be, shall be deemed to be duly served on the person to whom it is addressed 2 days after the day on which the notice was posted, notwithstanding the fact that the letter may be returned by the post office as undelivered.
[21/99; 46/2007]
(6) When the transfers of the flats to which this section applies are lodged for registration with the Registrar, the solicitors acting for the proprietors of the flats shall certify in such form as the Registrar may determine that the provisions of this section have been complied with, and the certificate in favour of the purchaser and the Registrar shall be conclusive evidence of the facts stated therein.
[21/99]
(7) Section 84E(12), (13), (14B) and (16) shall apply, with the necessary modifications, to a development to which this section applies.
[21/99; 46/2007; 30/2008]
Application for collective sale of parcel by majority of subsidiary proprietors who own registered leasehold tenure of at least 850 years or other tenure
84FA.
—(1) This section shall apply where there are subsisting leases registered under the Land Titles Act (Cap. 157) of all or some of the lots in a strata title plan for a leasehold tenure of 850 years or more or for such other tenure as the Minister may, by notification in the Gazette, specify.
[46/2007]
(2) An application for an order for the sale of all the lots and common property in a strata title plan to which this section applies may be made by —
(a)
the subsidiary proprietors of the lots with not less than 90% of the share values and not less than 90% of the total area of all the lots (excluding the area of any accessory lot) as shown in the subsidiary strata certificates of title where less than 10 years have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building (not being any common property) comprised in the strata title plan or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building (not being any common property) comprised in the strata title plan, whichever is the later; or
(b)
the subsidiary proprietors of the lots with not less than 80% of the share values and not less than 80% of the total area of all the lots (excluding the area of any accessory lot) as shown in the subsidiary strata certificates of title where 10 years or more have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building (not being any common property) comprised in the strata title plan or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building (not being any common property) comprised in the strata title plan, whichever is the later,
who have agreed in writing to sell all the lots and common property in the strata title plan to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the sale proceeds to all the subsidiary proprietors (whether in cash or kind or both), subject to an order being made under subsection (5) or (6).
[46/2007]
(2A) An application under subsection (2) for an order for the sale of all the lots and common property in a strata title plan to which this section applies —
(a)
must be made to a Board in the first instance; and
(b)
may be made to the High Court thereafter if, and only if, a section 84FA stop order is issued by the Board under subsection (5A)(b) with respect to the application to that Board in respect of the same sale.
(2B) An application to the High Court under subsection (2) for an order for the sale of all the lots and common property in a development to which this section applies must be made within a period of 14 days after a section 84FA stop order is issued by a Board under subsection (5A)(b) in relation to the same sale.
(3) The subsidiary proprietors of the lots referred to in subsection (2) shall also serve on the subsidiary proprietor in reversion of the leasehold estate and every mortgagee, chargee or other person with an estate or interest in land and whose interest is notified on the subsidiary strata land-register for the lots, a copy of all notices to be served pursuant to the First Schedule.
[46/2007]
(4) In the case of an application to a Board under subsection (2) for an order for the sale of all the lots and the common property in a strata title plan to which this section applies, each of the following persons may file an objection to the sale, stating the grounds of objection, within a period of 21 days after the date of the notice served pursuant to paragraph 1(e) of the First Schedule or such longer period as the Board allows in exceptional circumstances, whether before or after the end of the 21 days:
(a)
a subsidiary proprietor of any lot in the strata title plan who has not agreed in writing to the sale; and
(b)
a mortgagee, chargee or other person (other than a lessee) with an estate or interest in the land and whose interest is notified on the subsidiary strata land-register for that lot.
(4A) Where a section 84FA stop order is issued under subsection (5A)(b) in respect of an application to a Board under subsection (2) for an order for the sale of all the lots and the common property in a strata title plan to which this section applies, and an application is made to the High Court under subsection (2) for an order for the same sale of all the lots and the common property in the same strata title plan, any person referred to in subsection (4)(a) or (b) who filed an objection to the Board (but no others) may re-file his objection to the sale, stating the same grounds of objection, to the High Court in the manner and within the time delimited by the Rules of Court.
(5) Where an application has been made to a Board under subsection (2) and no objection has been filed under subsection (4), the Board shall, subject to subsection (9), approve the application and order that the lots and common property in the strata title plan be sold.
[46/2007]
(5A) Where an application is made under subsection (2) to a Board, and one or more objections have been filed under subsection (4) in relation to that application —
(a)
the Board shall mediate matters that are in dispute between the objectors and the applicants to achieve a resolution of the dispute; and
(b)
if —
(i)
at the end of a period of 60 days starting from the first day set aside for mediation; or
(ii)
mediation has proceeded as far as it reasonably can in an attempt to achieve resolution of the dispute but has nevertheless failed to resolve the dispute,
whichever first occurs, one or more of those objections are not withdrawn, the Board shall, subject to subsection (5B), order a discontinuance of all proceedings before it in connection with that application (referred to in this section as a section 84FA stop order).
(5B) No section 84FA stop order shall be made by a Board under subsection (5A)(b) with respect to an application made to it under subsection (2) unless —
(a)
the Board has, by notice served on every objector who filed an objection under subsection (4) in relation to that application and the authorised representatives of the applicants, informed the objector and authorised representatives of its intention to make a section 84FA stop order; and
(b)
at the end of a period of 7 days after the notice under paragraph (a) is so served, one or more of those objections so filed are not withdrawn.
(6) Where one or more objections have been filed under subsection (4A) in respect of an application to the High Court under subsection (2), the High Court shall, subject to subsection (9), approve the application and order that the lots and common property be sold unless, having regard to the objections, the High Court is satisfied that —
(a)
any objector, being a subsidiary proprietor, will incur a financial loss; or
(b)
the proceeds of sale for any lot to be received by any objector, being a subsidiary proprietor, mortgagee or chargee, are insufficient to redeem any mortgage or charge in respect of the lot.
(7) An order made under subsection (6) by the High Court may, with the consent of the collective sale committee, include an order that the proceeds of sale for any lot to be received by an objector, being a subsidiary proprietor who has filed an objection under subsection (4A), be increased if the High Court is satisfied that it would be just and equitable to do so.
[46/2007]
(8) The total sum ordered by the High Court for all the objectors under subsection (7) shall be paid from the proceeds of sale of all the subsidiary proprietors and shall not exceed the aggregate sum of 0.25% of the proceeds of sale for each lot or $2,000 for each lot, whichever is the higher.
[46/2007]
(9) The High Court or a Board shall not approve an application made under subsection (2) —
(a)
if the High Court or Board, as the case may be, is satisfied that —
(i)
the transaction is not in good faith after taking into account only the following factors:
(A)
the sale price for the lots and the common property in the strata title plan;
(B)
the method of distributing the proceeds of sale; and
(C)
the relationship of the purchaser to any of the subsidiary proprietors; or
(ii)
the sale and purchase agreement would require any subsidiary proprietor who has not agreed in writing to the sale to be a party to any arrangement for the development of the lots and the common property in the strata title plan; or
(b)
if the collective sale committee does not consent to any order made by the High Court under subsection (7).
[46/2007]
(10) Where no objection has been filed under subsection (4) to a Board or under subsection (4A) to the High Court, the determination under subsection (9) shall be made by the High Court or the Board on the basis of the facts available to the High Court or Board, as the case may be.
(11) Where the High Court or a Board, as the case may be, has made an order for the sale of the lots and the common property in the strata title plan —
(a)
the subsidiary proprietor in reversion of the leasehold estate shall be deemed to have transferred his estate and interest in the lots to the purchaser without consideration upon the registration by the Registrar of the transfers of all the lots (except the lots still owned by the subsidiary proprietor in reversion under subsection (14)) in the strata title plan; and
(b)
the Registrar shall enter a notification of the vesting of the reversionary interest in the purchaser on the subsidiary strata land-register and cancel the registration of any mortgage, charge or lease notified on the subsidiary strata land-register.
[46/2007]
[Act 2 of 2012 wef 01/03/2012]
(12) The subsidiary proprietors of the lots who have not agreed in writing to the sale, the subsidiary proprietor in reversion and any mortgagee, chargee or other person with an estate or interest in those lots, where applicable, shall produce the subsidiary strata certificates of title for the lots to the person having conduct of the sale, the representatives appointed under section 84A(2) or to their solicitors.
[46/2007]
(13) If the subsidiary strata certificates of title for the lots are not produced under subsection (12), the person having conduct of the sale shall not be required to produce to the purchaser any subsidiary strata certificate of title other than a certified true copy thereof.
[46/2007]
(14) Where the subsidiary proprietor in reversion has granted leases for some but not all the lots in the strata title plan, he shall be deemed to have transferred his estate and interest in the lots still owned by him to the purchaser upon registration by the Registrar of the transfers of the other lots in the strata title plan and the Registrar shall enter a notification of the vesting of the lots in the purchaser on the subsidiary strata land-register and cancel the registration of any mortgage, charge or lease notified on the subsidiary strata land-register.
[46/2007]
[Act 2 of 2012 wef 01/03/2012]
(15) The Registrar may dispense with production of the subsidiary strata certificates of title for the lots still owned by the subsidiary proprietor in reversion for the purposes of subsections (11) and (14).
[46/2007]
(16) Sections 84A(1A), (2), (3), (5), (5A), (7C), (8)(a), (b) and (c), (11), (11A), (12) and (13), 84B and 84C and the Second and Third Schedules shall apply, with the necessary modifications, to any application or order made under this section.
[46/2007]
[Act 2 of 2012 wef 01/03/2012]
(17) In this section —
“subsidiary proprietor” includes a successor in title;
“subsidiary proprietor in reversion” means the lessor of the registered lease under subsection (1) and includes a successor in title.
[46/2007]
Collective sale by all subsidiary proprietors who own registered leasehold tenure of at least 850 years or other tenure
84FB.
—(1) This section shall apply where there are subsisting leases registered under the Land Titles Act (Cap. 157) of all or some of the lots in a strata title plan for a leasehold tenure of 850 years or more or for such other tenure as the Minister may, by notification in the Gazette, specify.
[46/2007]
(2) Where the subsidiary proprietors of all the lots in the strata title plan to which this section applies agree in writing under a sale and purchase agreement to sell all their lots and common property to a purchaser (whether in cash or kind or both), they shall serve a notice on the subsidiary proprietor in reversion of the leasehold estate and every mortgagee, chargee or other person with an estate or interest in land and whose interest is notified on the land-register at least 21 days before the date of the first transfer of any such lot informing them of the transfer under subsection (4).
[46/2007]
(3) Notice under subsection (2) shall be given by —
(a)
advertising the proposed sale in such local newspapers in the 4 official languages as approved by the Registrar;
(b)
serving the notice on the subsidiary proprietor in reversion of the leasehold estate and every mortgagee, chargee or other person with an estate or interest in land and whose interest is notified on the land-register by registered post; and
(c)
affixing a copy of the notice in the 4 official languages to a conspicuous part of each building in the development.
[46/2007]
(4) The subsidiary proprietor in reversion of the leasehold estate referred to in subsection (2) shall be deemed to have transferred his estate and interest in the lots to the purchaser without consideration upon the registration by the Registrar of the transfers of all the lots in the strata title plan and the Registrar shall enter a notification of the vesting of the land in the purchaser on the land-register.
[46/2007]
(5) A notice sent by registered post under this section to the subsidiary proprietor in reversion of the leasehold estate, his mortgagee, chargee or other person with an estate or interest in land and whose interest is notified on the land-register at its last registered address in the case of a company registered under the Companies Act (Cap. 50) or otherwise at its last recorded address at the Land Titles Registry shall be deemed to be duly served on the person to whom it is addressed 2 days after the day on which the notice was posted, notwithstanding the fact that the letter may be returned by the post office as undelivered.
[46/2007]
(6) When the transfers of the lots to which this section applies are lodged for registration with the Registrar, the solicitors acting for the subsidiary proprietors of the lots shall certify in such form as the Registrar may determine that the provisions of this section have been complied with, and the certificate in favour of the purchaser and the Registrar shall be conclusive evidence of the facts stated therein.
[46/2007]
(7) Section 84FA(12), (13), (15) and (17) shall apply, with the necessary modifications, to all the lots in a strata title plan to which this section applies.
[46/2007; 30/2008]
84G. Part VI of the Building Maintenance and Strata Management Act (Cap. 30C) and any regulations made under that Act shall apply in respect of applications under this Part with the necessary modifications.
[47/2004]