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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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PART IV
DEALINGS IN STRATA SUBDIVIDED BUILDINGS
Application of this Part and meaning of “sale”
10.
—(1)  This Part shall apply only to any development (including any staged development) for which planning permission is granted (whether before, on or after the date of commencement of this Part) for strata subdivision after completion of any building comprised in the development.
(2)  For the purposes of this Part and Part V, an owner developer shall be deemed to have sold a lot or proposed lot in his development if —
(a)
by an agreement in writing, conditional or otherwise (but not an agreement referred to in section 13), he has agreed to convey, transfer, assign or otherwise dispose of his estate or interest in the lot or proposed lot to another person for valuable consideration or otherwise; or
(b)
by any deed or instrument (but not a deed or an instrument referred to in section 13), he has conveyed, transferred, assigned or otherwise disposed of his estate or interest in the lot or proposed lot.
[BCPA (repealed), s. 9; LT(S)A, s. 7(9)]
Schedule of strata units must be accepted by Commissioner before sale can start
11.
—(1)  The owner developer of a development (including any staged development) shall not sell any lot or proposed lot in the development with a share value unless a schedule of strata units or an amended schedule of strata units, as the case may be, showing that share value of the lot or proposed lot has been filed with and accepted by the Commissioner under this section.
*(2)  Where a schedule of strata units has been filed and accepted by the Commissioner in respect of any staged development, the owner developer of the staged development shall also not sell any lot or proposed lot in any stage of the staged development subsequent to the initial stage unless he files an amended schedule of strata units under section 12 showing —
(a)
the adjusted share value of each lot or proposed lot comprised in the first stage and any preceding stage of the staged development of the parcel; and
(b)
the proposed share value to be allotted to each lot or proposed lot comprised in that subsequent stage of the staged development,
and the Commissioner accepts that amended schedule of strata units under this section.
*  No date has been appointed for the coming into operation of this subsection as at 1st July 2008.
(3)  Every schedule of strata units and amended schedule of strata units shall be filed with the Commissioner in the prescribed form and manner and be accompanied by the prescribed fee.
*(4)  In the case of a staged development, the schedule of strata units to be filed with the Commissioner shall also include —
(a)
the proposed share value of each lot or proposed lot comprised in the first stage of the staged development;
(b)
the range of aggregate provisional share values for all future development lots in each subsequent stage of the staged development;
(c)
a description of the parcel, identifying the future development lots therein, and so much of the proposed development that is warranted development and so much (if any) of the proposed development that is an authorised proposal; and
(d)
the proposed staged development contract subject to which the staged development shall be carried out.
*  No date has been appointed for the coming into operation of this subsection as at 1st July 2008.
(5)  The Commissioner may accept a schedule of strata units filed under this section, or an amended schedule of strata units filed under section 12, if and only if he is satisfied that the proposed share values or range of proposed share values allotted to all the lots or proposed lots in the schedule of strata units or the amended schedule of strata units, as the case may be, are allocated in a just and equitable manner.
*(6)  Without prejudice to subsection (5), in the case of a staged development, the Commissioner may accept an amended schedule of strata units filed under section 12 in respect of or on account of any subsequent stage of a staged development if and only if —
(a)
the aggregate share values of all lots or proposed lots comprised in the first and any preceding stage of the staged development; plus
(b)
the total of the proposed share values to be allotted to all lots or proposed lots in that subsequent stage of the staged development,
is not more or less than the aggregate of share values (including the range of provisional share values referred to in subsection (4)(b)) accepted by the Commissioner under this section.
*  No date has been appointed for the coming into operation of this subsection as at 1st July 2008.
(7)  Within 6 weeks after any schedule of strata units or amended schedule of strata units for a development is filed with the Commissioner, the Commissioner shall either —
(a)
notify the owner developer concerned in writing of his acceptance of that schedule; or
(b)
notify the owner developer concerned that he rejects that schedule, stating his reasons for objecting to the allocation of share values therein.
(8)  Every contract for the sale of any lot or proposed lot in a development shall be deemed to include a term that the owner developer of the development has agreed to sell an undivided share in the land on which the lot or proposed lot is or is to be erected with a value or, in the case of a lot or proposed lot in a staged development, within a range of share values, determined in accordance with the proposed share values or proposed range of share values, as the case may be, assigned to each lot or proposed lot shown in the schedule of strata units or amended schedule of strata units, as the case may be, for the development last accepted by the Commissioner before the execution of that contract.
[LT(S)A, s. 7]
Schedule of strata units not to be changed once accepted
12.
—(1)  Where a schedule of strata units for a development has been filed and accepted by the Commissioner under section 11, the owner developer of the development shall not make any change to any share value in the schedule of strata units, the area of any lot or proposed lot in the development or any part of the common property or limited common property, if any, of the development unless he has filed an amended schedule of strata units with the Commissioner and the Commissioner accepts that amended schedule of strata units.
*(2)  Where a schedule of strata units has been filed and accepted by the Commissioner in respect of any staged development, the owner developer of the staged development shall not make any change to the share value of any lot or proposed lot in any stage of the staged development unless he files with the Commissioner an amended schedule of strata units showing —
(a)
the adjusted share value (if any) of each lot or proposed lot comprised in the first and any preceding stage of the staged development; and
(b)
the proposed share value to be allotted to each lot or proposed lot comprised in that stage of the staged development,
and the Commissioner accepts that amended schedule of strata units under section 11.
*  No date has been appointed for the coming into operation of this subsection as at 1st July 2008.
(3)  Subsections (1) and (2) shall apply even where the owner developer of the development —
(a)
intends to change the area of any lot or proposed lot within the development which has not been sold and such change does not result in a different aggregate share value for the development;
(b)
intends to effect a minor adjustment to the share value assigned to any lot or proposed lot within the development that has been sold, being an adjustment necessitated by an increase or shortfall in the area of the lot or proposed lot after it has been surveyed on its completion; or
(c)
intends otherwise to change the share value assigned to any lot or proposed lot within the development with the consent of the purchaser of that lot or proposed lot.
(4)  Without prejudice to subsections (1), (2) and (3), where a schedule of strata units for a development has been filed and accepted by the Commissioner under section 11, the share value assigned to any lot or proposed lot in the development in that schedule of strata units may be altered —
(a)
before the lot or proposed lot is sold if and only if such alteration does not result in a different aggregate share value (including the range of provisional share values referred to in section 11(4)(b), if any) for the development; and
(b)
after the lot or proposed lot is sold only with the consent of the purchaser thereof, unless the alteration to the share value is a minor adjustment necessitated by an increase or shortfall in the area of the lot or proposed lot after it has been surveyed on its completion, or the alteration is within the range of share values accepted by the Commissioner under section 11.
[LT(S)A, s. 7]
Exceptions to section 11 prohibition
13.
—(1)  Section 11(1) and (2) shall not apply —
(a)
to any agreement, deed or instrument that conveys, transfers, assigns or otherwise disposes of a leasehold interest not exceeding 21 years without an option to renew or purchase; and
(b)
to any agreement between any purchaser under a collective sale contract of any land and any other party to that collective sale contract whereby the purchaser disposes of any proposed lot to be comprised in a re-development of the land to that other party before the legal completion of the collective sale of the land.
(2)  In subsection (1)(b), “collective sale contract” means —
(a)
any sale and purchase agreement referred to in section 84A, 84D, 84E, 84F, or 84FA of the Land Titles (Strata) Act (Cap. 158);
(b)
any sale and purchase agreement whereby the owners of all the lots in a development agree to sell all their lots to a purchaser; or
(c)
any sale and purchase agreement whereby the owner of any land agrees to sell the land to a purchaser either by itself or together with the owners of any adjacent land.
[LT(S)A, s. 7(9A) and (14)]
Offences
14.  Any person who contravenes section 11(1) or (2) or 12(1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
[LT(S)A, s. 7(11)]