—(1) There shall be one or more Strata Titles Boards to be presided over by a president or deputy president.
(2) Unless otherwise provided by this Act or the Land Titles (Strata) Act (Cap. 158), a Board shall determine by mediation-arbitration every dispute of which it has cognizance and every matter with respect to which it has jurisdiction under this Act or that Act.
(3) Except where otherwise provided by this Act or the Land Titles (Strata) Act, a Board shall, in relation to a dispute of which the Board has cognizance or any other matter with respect to which the Board has jurisdiction under this Act or that Act, be constituted by —
the president or a deputy president; and
2 or 4 members selected by the president for the purposes of the dispute or matter from the panel constituted under section 90(4).
(4) Any party to a dispute of which a Board has cognizance or a matter with respect to which a Board has jurisdiction under this Act or the Land Titles (Strata) Act may, within the prescribed period and for any reasonable cause, object in writing to any member of the Board selected by the president under subsection (3)(b).
(5) The Board shall be constituted —
if any objection received under subsection (4) is allowed by the president, upon the selection of another member by the president; or
if any objection received under subsection (4) is disallowed by the president, upon the decision to disallow the objection.
—(1) The Minister shall appoint a president of the Boards.
(2) The Minister may appoint not more than 3 deputy presidents of the Boards.
(3) No person shall be appointed as the president or a deputy president of the Boards unless the person is a qualified person within the meaning of the Legal Profession Act (Cap. 161).
(4) For the purpose of enabling the Boards to be constituted in accordance with this Part, a panel consisting of not more than 30 persons shall be appointed by the Minister and their names shall be notified in the Gazette.
(5) The president, a deputy president and any person appointed as a member of the panel constituted under subsection (4) shall, subject to subsection (6), be appointed for a term of 2 years, and shall be eligible for reappointment.
(6) The Minister may at any time terminate the appointment of the president or any deputy president or member of the panel constituted under subsection (4), and fill any vacancy in its membership.
91. The president, a deputy president and a member of a Board shall, in the performance of his functions and duties under this Act or the Land Titles (Strata) Act (Cap. 158), have the same protection and immunity as a District Judge.
—(1) A Board shall, without delay after being constituted in respect of any dispute or matter with respect to which it has jurisdiction under this Part —
endeavour to mediate all matters that are in dispute and to bring about an agreement between the parties on those matters; and
if the Board is unable to do so at the end of a period (continuous or otherwise) of not more than 3 days of mediation, hear the parties to the dispute, arbitrate the matter and render a decision and make an order.
(2) Subject to the provisions of this Act or the Land Titles (Strata) Act (Cap. 158), a Board shall determine the procedure for mediation-arbitration, but shall allow the parties to present evidence and make submissions to it.
(3) Without prejudice to subsection (2), a Board shall —
for the purposes of the mediation referred to in subsection (1)(a), ensure that any agreement arrived at between the parties in settlement of the dispute or matter is in appropriate contractual language so as to allow its subsequent enforcement; and
for the purposes of the arbitration referred to in subsection (1)(b), act fairly and impartially and shall give each party an opportunity to present its case.
(4) For the purposes of arbitration under subsection (1)(b), a Board shall have powers to make orders or give directions to any party for —
security for costs;
discovery of documents and interrogatories;
giving of evidence by affidavit;
the preservation and interim custody of any evidence for the purposes of the proceedings;
samples to be taken from, or any observation to be made of or experiment conducted upon, any lot or common property or limited common property which is or forms part of the subject-matter of the dispute; and
the preservation or interim custody of any property which is or forms part of the subject-matter of the dispute.
(5) For the avoidance of doubt, all testimony or record of proceedings or notes of a Board during its conduct of mediation in any dispute or matter of which it has cognizance may not be disclosed without the consent of the person who made them.
(6) The Arbitration Act (Cap. 10) shall not apply to mediation-arbitration proceedings before a Board.
(7) The arbitration proceedings of a Board shall be open to the public and minutes of a Board including a note of any oral evidence given before the Board shall be kept by the president of the Boards.
(8) The arbitration proceedings of a Board shall be deemed to be judicial proceedings and the members of the Board shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).
(9) A Board shall carry out its work expeditiously and shall make a final order or determination within 6 months from the date it is constituted or within such extension of time as may be granted by the Minister.
—(1) Except as otherwise provided in subsection (3), where a Board has been constituted in relation to a dispute or matter and before a dispute or matter has been determined, the president or deputy president presiding or a member constituting the Board is unable to hear or continue to hear or to determine the dispute or matter or has ceased to be the president or a deputy president or member, as the case may be, whether by resignation, death or otherwise, the Board shall be reconstituted in accordance with section 89.
(2) The Board as reconstituted shall hear and determine the dispute or matter or so much of the dispute or matter as has not been determined and in so hearing may have regard to the evidence given, the arguments adduced and any interim order made during the previous hearing.
(3) Notwithstanding subsection (1), a president, a deputy president or a member of the panel whose appointment expires during the course of any proceedings of a Board of which he is then presiding or is a member shall, for the purpose of such proceedings and until their determination, be deemed to remain a president, deputy president or member of the Board, as the case may be.
—(1) A party to any proceedings under this Act or the Land Titles (Strata) Act (Cap. 158) may appear before a Board or may be represented by an advocate and solicitor of the Supreme Court, or such other person as the Board may allow, who may examine witnesses and address the Board on behalf of the party.
(2) A management corporation or subsidiary management corporation appearing before a Board may be represented by an advocate and solicitor of the Supreme Court, a member of the council of the management corporation or the executive committee of the subsidiary management corporation, or such other person as the Board may allow.
95. Notwithstanding any other provisions of this Part, a Board shall not have jurisdiction under this Part in any case in which the title to land is in question otherwise than for the purpose of determining any matter before the Board, as the case may be, and any determination made by the Board shall not have any force or effect except as provided by this Act.
—(1) A Board may summon any person to attend before the Board at the time and place specified in the summons and then and there to give evidence and to produce books, documents or writings in his custody or control which he is required by the summons to produce.
(2) A person served with a summons under subsection (1) who, without reasonable excuse, disobeys the summons shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.
(3) A person shall not be bound to produce any book, document or writing not specified or otherwise sufficiently described in the summons or which he would not be bound to produce upon a subpoena for production in a court.
—(1) A Board may administer an oath or affirmation to a person appearing as a witness before the Board, whether or not he has appeared in answer to a summons, and may examine the witness upon oath or affirmation.
(2) A person appearing as a witness before a Board —
shall not refuse to be sworn or to make an affirmation;
shall not refuse to answer any question relevant to any proceedings before the Board put to him by the Board or by any person entitled to appear before the Board in those proceedings; and
shall not knowingly give false testimony in any evidence given by him to the Board.
(3) A witness before a Board shall have —
the same protection; and
in addition to the penalties provided by this Act, the same liabilities,
as he would have had if he had been a witness before a court instead of the Board.
—(1) No appeal shall lie to the High Court against an order made by a Board under this Part or the Land Titles (Strata) Act (Cap. 158) except on a point of law.
(2) Where an appeal is made to the High Court, the Court may confirm, vary or set aside the order or remit the order to the Board for reconsideration together with such directions as the Court thinks fit.
(3) The filing of a notice of appeal shall not operate as a stay of execution of an order or suspend the effect of an order unless the Board or the High Court, as the case may be, otherwise orders and any stay or suspension of an order may be subject to such conditions as the Board or High Court thinks fit.
—(1) The Minister may appoint a registrar and such other officers and employees of the Boards as the Minister may determine.
(2) Subject to the directions of the president, the registrar may, in connection with any application to a Board, make interlocutory orders.
(3) The registrar shall, in the performance of his functions and duties under subsection (2), have the same protection and immunity as a member of a Board.
(4) The remuneration of the registrar, officers and employees appointed under subsection (1), and such other expenses of the Boards as the Minister may determine, shall be paid out of moneys provided by Parliament.
(5) In this section, “interlocutory order” means an order that —
is made pursuant to an application to a Board in the course of any proceeding of the Board; and
is incidental to the principal object of that proceeding,
and includes any direction about the conduct of that proceeding, but does not include any interim order or any order making a final determination as regards that proceeding.