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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

 
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THIRD SCHEDULE
Section 138
Consequential Amendments to
Land Titles (Strata) Act
(Chapter 158, 1999 Edition)
First column
 
Second column
(1) Section 3
 
(i) Delete the words “section 86” in the definition of “Board” and substitute the words “the Building Maintenance and Strata Management Act 2004”.
 
 
(ii) Delete the words “Buildings and Common Property (Maintenance and Management) Act (Cap. 30)” in the definition of “Commissioner” and substitute the words “Building Maintenance and Strata Management Act 2004”.
 
 
(iii) Delete the definition of “common property” and substitute the following definition:
 
 
"“common property”, subject to subsection (2), means —
 
 
(a) in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —
 
 
(i) not comprised in any lot or proposed lot in that strata title plan; and
 
 
(ii) used or capable of being used or enjoyed by occupiers of 2 or more lots or proposed lots; or
 
 
(b) in relation to any other land and building, such part of the land and building —
 
 
(i) not comprised in any non- strata lot; and
 
 
(ii) used or capable of being used or enjoyed by occupiers of 2 or more non-strata lots within that land or building;".
 
 
(iv) Delete the definitions of “council”, “initial period”, “managing agent”, “Minister”, “President” and “strata units”.
 
 
(v) Delete the definition of “land” and substitute the following definition:
 
 
““land” has the same meaning as in the Land Titles Act (Cap. 157);”.
 
 
(vi) Delete the definition of “management corporation” and substitute the following definition:
 
 
““management corporation” means a management corporation constituted under the Building Maintenance and Strata Management Act 2004;”.
 
 
(vii) Delete the words “or any other lease having an unexpired term of at least 21 years as at the date of the lodgment of a plan as a strata title plan under this Act” in the definition of “registered land”.
 
 
(viii) Delete the definitions of “share units”, “special resolution” and “strata roll” and substitute the following definitions:
 
 
"“schedule of strata units”, in relation to any land or building, means the schedule of strata units accepted by the Commissioner under section 11 of the Building Maintenance and Strata Management Act 2004 for that land or building;
 
 
“share value” has the same meaning as in the Building Maintenance and Strata Management Act 2004;
 
 
“special resolution” has the same meaning as in the Building Maintenance and Strata Management Act 2004;
 
 
“staged development” and “staged development contract” have the same respective meanings as in the Building Maintenance and Strata Management Act 2004;
 
 
“strata roll” has the same meaning as in the Building Maintenance and Strata Management Act 2004;".
 
 
(ix) Insert, immediately after the definition of “subsidiary certificate of title”, the following definition:
 
 
““subsidiary management corporation” has the same meaning as in the Building Maintenance and Strata Management Act 2004;”.
 
 
(x) Delete the definition of “unanimous resolution” and substitute the following definition:
 
 
““unanimous resolution” has the same meaning as in the Building Maintenance and Strata Management Act 2004.”.
 
 
(xi) Renumber the section as subsection (1) and insert immediately thereafter the following subsection:
 
 
"(2) For the purposes of this Act —
 
 
(a) all windows of a lot, proposed lot or non-strata lot that are located on any exterior wall of the lot, proposed lot or (as the case may be) non-strata lot, being either louvres, casement windows, sliding windows or windows with any movable part, shall be part of the lot, proposed lot or (as the case may be) non-strata lot and not common property; and
 
 
(b) all other windows of a lot, proposed lot or non-strata lot that are located on any exterior wall of the lot, proposed lot or (as the case may be) non-strata lot shall be common property, unless otherwise described in a strata title plan.".
(2) Section 7
 
Repealed.
(3) New section 10A
 
Insert, immediately after section 10, the following section:
 
 
"Constitution of management corporation, etc.
 
 
10A.—(1) The subsidiary proprietors from time to time of all lots comprised in a strata title plan shall, on the date of registration of the strata title application in respect of that strata title plan under this Act, constitute the management corporation for that strata title plan.
 
 
(2) The subsidiary proprietors from time to time of the lots for whose exclusive benefit any limited common property is designated in a strata title plan, or in a comprehensive resolution filed with the Chief Surveyor under section 78 (2) (b) of the Building Maintenance and Strata Management Act 2004, shall on the date of registration of the strata title application in respect of that strata title plan or such other instrument as required by the Registrar under this Act, constitute the subsidiary management corporation for that limited common property.
 
 
(3) The Registrar may, upon payment of a prescribed fee, issue to a management corporation or a subsidiary management corporation a certificate stating that the management corporation or subsidiary management corporation, as the case may be, is a body corporate constituted on the day specified therein.".
(4) Section 11 (1)
 
Insert, immediately after the words “in this Act”, the words “or the Building Maintenance and Strata Management Act 2004”.
9(5) New section 12A
9  No date has been appointed for the coming into operation of item (5) as at 1st July 2008.
 
Insert, immediately after section 12, the following section:
 
 
"Staged developments
 
 
12A.—(1) On the completion of every stage of a staged development in respect of which a strata title plan is registered or deemed registered under this Act, and on the final completion and conclusion of the entire staged development, the owner developer thereof shall, within the time prescribed, prepare an amended strata title plan with the revised schedule of strata units for the staged development that has been last accepted under section 11 of the Building Maintenance and Strata Management Act 2004.
 
 
(2) Every amended strata title plan with the revised schedule of strata units under subsection (1) shall be lodged with the Chief Surveyor for approval under the Boundaries and Survey Maps Act (Cap. 25).
 
 
(3) Where the amended strata title plan referred to in subsection (1) has been lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act, the Registrar shall make the appropriate amendment and entry on the relevant volumes and folios of the land-register and subsidiary land-register comprising the lots shown in the amended strata title plan in regard to the share value and lot numbers of the lot or lots affected.
 
 
(4) The Minister may make regulations on any matter which by this Act is required or permitted to be prescribed for or in relation to staged developments, and may in such regulations modify the application of any of the provisions of this Act in relation to staged developments.
 
 
(5) Every regulation made under subsection (4) shall be presented to Parliament as soon as possible after publication in the Gazette.".
(6) Section 22
 
Delete subsection (1) and substitute the following subsection:
 
 
"(1) This section shall apply where a management corporation has, in accordance with section 35(1) of the Building Maintenance and Strata Management Act 2004, passed a unanimous resolution to —
 
 
(a) execute on the behalf of its subsidiary proprietors a grant of easement or a restrictive covenant burdening the parcel;
 
 
(b) accept on their behalf a grant of easement or a restrictive covenant;
 
 
(c) surrender on their behalf a grant of easement or a restrictive covenant burdening the parcel; or
 
 
(d) accept on their behalf a surrender of a grant of easement or a restrictive covenant.".
(7) Section 23
 
(i) Delete subsection (1) and substitute the following subsection:
 
 
"(1) This section shall apply where a management corporation has, in accordance with section 34(1) of the Building Maintenance and Strata Management Act 2004, passed a special resolution —
 
 
(a) to execute on the behalf of its subsidiary proprietors a transfer of any part of the common property (including a part of any building or any immovable property affixed to common property); or
 
 
(b) to execute on their behalf a lease of or rent part of such common property.".
 
 
(ii) Delete the words “and the Registrar have consented” in subsection (2) and substitute the words “has consented”.
 
 
(iii) Insert, immediately after the word “transfer” whenever it appears in subsections (2) and (3), the words “or lease”.
 
 
(iv) Insert, immediately after the words “free from” in subsection (4), the words “any encumbrances and”.
(8) Section 25
 
(i) Delete subsection (1) and substitute the following subsection:
 
 
"(1) This section shall apply where a management corporation has, in accordance with section 34(3) of the Building Maintenance and Strata Management Act 2004, passed a special resolution to accept —
 
 
(a) a grant or transfer of any land (not being a lot within the parcel) which abuts the parcel, free from any encumbrances (except those created by statute and subsisting easements);
 
 
(b) a grant or transfer of any lot, including the undivided share in the common property appurtenant to that lot, free from any encumbrances (except those created by statute and subsisting easements); or
 
 
(c) a lease of land, not being a lot within the parcel, whether or not it abuts on the parcel,
 
 
for the purpose of creating additional common property.".
 
 
(ii) Delete the words “share units” in subsection (4) (b) and substitute the words “share values”.
 
 
(iii) Insert, immediately after subsection (4), the following subsection:
 
 
“(5) Any reference to a transfer or transferred land in this section shall include a lease of land referred to in subsection (1) (c).”.
(9) Section 26
 
(i) Delete subsection (1) and substitute the following subsection:
 
 
“(1) This section shall apply where 2 or more management corporations have, in accordance with section 34 (5) of the Building Maintenance and Strata Management Act 2004, passed their respective special resolutions to amalgamate their respective common properties; and the relevant management corporation shall execute an instrument of transfer.”.
 
 
(ii) Delete the words “share units” in subsection (1A) and substitute the words “share values”.
(10) Section 27
 
Repeal and substitute the following section:
 
 
"Court orders affecting common property
 
 
27.—(1) Every instrument of transfer or acceptance of a transfer lodged for registration under section 36 of the Building Maintenance and Strata Management Act 2004 shall be accompanied by a certified true copy of the order of the court made under that section directing such transfer or acceptance of a transfer, and where the approval of the competent authority is required for any subdivision and amalgamation of any land or common property, a true copy of the approval given by the competent authority shall be lodged with such instrument.
 
 
(2) Upon the registration of the transfer by the Registrar —
 
 
(a) in the case of a disposition of all or part of the common property, all subsidiary proprietors and other persons having registered interests in the common property shall be bound to accept the terms of the order of court and section 23 (4) shall apply, with the necessary modifications, to such transfer;
 
 
(b) in the case of an addition to the common property, section 25 (3) and (4) shall apply, with the necessary modifications, to such transfer; and
 
 
(c) in the case of the amalgamation of the common property of 2 or more management corporations, sections 23 (4) and 26 (2), (4) and (5) shall apply, with the necessary modifications, to such amalgamation.".
(11) Section 30 (1A)
 
Delete the words “section 7” and substitute the words “section 11 of the Building Maintenance and Strata Management Act 2004”.
(12) Part IV
 
Repealed.
(13) Section 77
 
(i) Delete the words “a subdivided building is damaged or destroyed” in subsection (1) and substitute the words “all of the land and buildings comprised in a strata title plan is the subject of a declaration under section 5 of the Land Acquisition Act (Cap. 152), or any building comprised in a strata title plan is damaged or destroyed”.
 
 
(ii) Insert, immediately after the words “subsection (1)” in subsection (4), the words “(except in relation to land and buildings the subject of a declaration under section 5 of the Land Acquisition Act (Cap. 152))”.
(14) Section 81
 
(i) Delete subsection (1) and substitute the following subsection:
 
 
“(1) This section shall apply where a management corporation has, in accordance with section 84 of the Building Maintenance and Strata Management Act 2004, resolved to terminate the strata subdivision of the building.”.
 
 
(ii) Delete the words “section 42 (2)” in subsection (13) and substitute the words “section 39 (2)”.
(15) New section 83A
 
Insert, immediately after section 83, the following section:
 
 
"Application to subsidiary management corporations
 
 
83A. Sections 81, 82 and 83 shall apply, with the necessary modifications, where a subsidiary management corporation has resolved to terminate its limited common property, in accordance with section 84 of the Building Maintenance and Strata Management Act 2004.".
(16) Sections 84A, 84D and 84E
 
Delete the words “the Fourth Schedule” wherever they appear in sections 84A (3), (4), (13) and (14), 84D (3) and 84E (4) and (5) and substitute in each case the words “the Schedule”.
(17) New section 84G
 
Insert, immediately after section 84F, the following section:
 
 
 
 
84G. Part VI of the Building Maintenance and Strata Management Act 2004 and any regulations made under that Act shall apply in respect of applications under this Part with the necessary modifications.".
(18) Part VI
 
Repealed.
(19) Sections 116, 117, 118 and 120
 
Repealed.
(20) Section 119
 
(i) Delete the words “section 55” in subsection (2) (a) and substitute the words “section 28 of the Building Maintenance and Strata Management Act 2004”.
 
 
(ii) Delete the words “the Commissioner,” in subsection (3).
(21) Section 123 (2)
 
Delete the words “Parts IV to VII” and substitute the words “section 10A and Parts V and VIII and the Building Maintenance and Strata Management Act 2004”.
(22) Section 124 (2)
 
Delete the words “Parts IV to VII” and substitute the words “section 10A and Parts V and VIII and the Building Maintenance and Strata Management Act 2004”.
(23) Section 125
 
(i) Insert, immediately after the words “allocation of share values” in subsection (2) (a), the words “under the Building Maintenance and Strata Management Act 2004”.
 
 
(ii) Delete the words “section 48 (1) (r)” in subsection (11) and substitute the words “section 39 (3) of the Building Maintenance and Strata Management Act 2004”.
(24) Section 126
 
(i) Insert, immediately after the words “allocation of share values” in subsection (2), the words “under the Building Maintenance and Strata Management Act 2004”.
 
 
(ii) Delete the words “section 48 (1) (r)” in subsection (10) and substitute the words “section 39 (3) of the Building Maintenance and Strata Management Act 2004”.
(25) Section 126A (6)
 
Delete the words “section 48 (1) (r)” and substitute the words “section 39 (3) of the Building Maintenance and Strata Management Act 2004”.
(26) Section 126B (1)
 
Delete the words “sections 71 and 72” in paragraph (h) and substitute the words “sections 67 and 68 of the Building Maintenance and Strata Management Act 2004”.
(27) Section 127 (8)
 
Delete the words “section 48 (1) (r)” and substitute the words “section 39 (3) of the Building Maintenance and Strata Management Act 2004”.
(28) Section 130 (2)
 
Delete paragraphs (a), (b), (c), (d) and (i).
(29) First, Second and Third Schedules
 
Repealed.
(30) Fourth Schedule
 
Delete the words “FOURTH SCHEDULE” in the 1st line and substitute the words “THE SCHEDULE”.