On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 07/09/2012.
PART III
MISCELLANEOUS PROVISIONS
43.
—(1) Upon the establishment of a body corporate under section 3(1) to control, maintain and administer a housing estate —
(a)
the Board as the lessor of the flats in that housing estate shall, notwithstanding the terms, covenants and conditions contained in the leases of the flats erected in the housing estate to the contrary, cease to be liable for the maintenance and administration of the housing estate including the provision of cleaning services and the maintenance of mechanical equipment and installations in the housing estate; and
(b)
subject to the modifications made by paragraph (a) and by section 45, the terms, covenants and conditions in such leases shall continue in force and the Board as the lessor of the flats in that estate shall be entitled to enforce the performance of the terms, covenants and conditions in the leases as if this Act has not been enacted.
(2) Notwithstanding the establishment of a body corporate for a housing estate, a lessee of a flat in that estate shall be entitled to require the Board to enforce the performance of any term, covenant and condition entered into by the purchasers or lessees of other flats in the estate with the Board, on condition that the lessee shall indemnify the Board against all costs and expenses in respect of such enforcement and provide such security in respect of costs and expenses as the Board may reasonably require.
44. The Board shall not be liable upon any action, claim or proceedings arising out of any —
(a)
repairs, maintenance or other works carried out by a body corporate or its agents to the common property of a housing estate; and
(b)
contributions made by the owner of a flat in a housing estate to a body corporate to meet the costs of such repairs, maintenance or other works.
45.
—(1) The Board may lease the whole or part of any land on which a housing estate is erected to the lessees of all the flats in the housing estate as tenants-in-common in equal shares for a nominal sum of one dollar for a term of years which runs concurrently with the unexpired term of the leases issued for the flats in the housing estate.
(2) A lease executed by the Board pursuant to subsection (1) shall be in such form as the Registrar may require and contain such terms and conditions which are, insofar as it is practical, identical to the terms and conditions of the leases for the flats in the housing estate.
(3) The lessees of all the flats in a housing estate shall be deemed to have accepted a lease referred to in subsection (1) when it has been executed by the Board.
(4) Where the land on which a housing estate is erected or any part thereof is leased to the lessees of all the flats in the housing estate pursuant to subsection (1), no share of the estate or interest in the land shall be disposed of except as appurtenant to the flat of the registered lessee who is the lessee of an undivided share in the land, and any assignment of a leasehold estate or an interest in the flat shall operate to pass the assignor’s registered estate or interest in the undivided share in the land to his assignee.
[44A
[6/86]
46.
—(1) Commencing from the date a body corporate is established pursuant to an order made by the Minister under section 3(1), the owners of the flats in the housing estate concerned —
(a)
which are permitted under the Planning Act to be used solely for residential purposes shall pay to the body corporate the sum of $75 per month; and
(b)
which are permitted under the Planning Act to be used for non-residential purposes shall pay to the body corporate the sum of $150 per month,
as their contributions to the management fund of the body corporate and the contributions shall be payable in advance on the first day of each month.
(2) The amount referred to in subsection (1) shall be deemed to be the amount of contributions to the management fund of the body corporate determined by the body corporate pursuant to section 13(1)(l).
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[6/86]
47.
—(1) Nothing in this Act shall be construed to affect any obligation or liability accrued or incurred under a lease for a flat in a housing estate at any time prior to the establishment of a body corporate pursuant to section 3 for that estate.
(2) Any cause of action which has arisen as between any owner of a flat in a housing estate and the Board prior to the establishment of the body corporate under this Act, may be continued and enforced as if this Act has not been enacted.
[46