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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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Division 2 — Management corporations and common property
Constitution of management corporation
24.
—(1)  The management corporation constituted by virtue of the Land Titles (Strata) Act (Cap. 158) in respect of a strata title plan shall —
(a)
comprise the subsidiary proprietors from time to time of all lots comprised in that strata title plan;
(b)
be a body corporate capable of suing and being sued and having perpetual succession and a common seal; and
(c)
be called “The Management Corporation — Strata Title Plan No.____” (the number to be specified being the number of the strata title plan).
(2)  A management corporation for a strata title plan may —
(a)
sue and be sued on any contract made by it;
(b)
sue and be sued in respect of any matter affecting the common property;
(c)
sue in respect of any loss or damage suffered by the management corporation arising out of a contract or otherwise; and
(d)
be sued in respect of any matter connected with the parcel for which the subsidiary proprietors are jointly liable.
(3)  A management corporation constituted in respect of a strata title plan shall have the powers, duties and functions conferred or imposed on it by or under this Act, or by the by-laws in respect of the parcel comprised in that strata title plan and, subject to this Act, shall have the control, management and administration of the common property comprised in that strata title plan.
(4)  Nothing in this section shall be construed as prohibiting a management corporation constituted in respect of a strata title plan from adding the name of any subdivided building comprised in the strata title plan to its official name.
(5)  In this section, “subsidiary proprietors” includes the persons entitled to the land on which the subdivided building is erected pursuant to the termination of the strata subdivision scheme under section 78 or 81 of the Land Titles (Strata) Act (Cap. 158).
[LT(S)A, s. 33]
Common seal of management corporation
25.
—(1)  The common seal of a management corporation shall be kept —
(a)
where the management corporation is constituted by one subsidiary proprietor, by that subsidiary proprietor; or
(b)
where the management corporation is constituted by 2 or more subsidiary proprietors, by such subsidiary proprietor or member of the council as the management corporation determines or, in the absence of any such determination, by the secretary of the council.
(2)  The common seal of a management corporation shall only be affixed to an instrument or a document in the presence of —
(a)
where the management corporation is constituted by one or 2 subsidiary proprietors, that subsidiary proprietor or those subsidiary proprietors, as the case may be; or
(b)
where the management corporation is constituted by 2 or more subsidiary proprietors, such 2 persons, being subsidiary proprietors or members of the council as the management corporation determines or, in the absence of such determination, the secretary and any other member of the council,
who shall also sign the instrument or document to which the seal is affixed.
[LT(S)A, s. 36]
First annual general meeting of management corporation
26.
—(1)  The owner developer of any development on a parcel comprised in a strata title plan (whether or not he is also a subsidiary proprietor) shall hold the first annual general meeting of the management corporation constituted in respect of that strata title plan no later than the earlier of the following dates:
(a)
a date that is one month after the end of the initial period for the management corporation; or
(b)
a date that is 6 weeks after the owner developer receives a written request from the subsidiary proprietors of at least 10% of the total number of lots comprised in that strata title plan asking for the first annual general meeting to be held.
(2)  Subject to subsection (8), the chairperson of the first annual general meeting shall be the owner developer acting personally or through an agent.
(3)  The agenda for the first annual general meeting of a management corporation constituted in respect of a strata title plan comprising any development shall consist of the following:
(a)
to elect a council in accordance with section 53 where there are more than 3 subsidiary proprietors;
(b)
to determine the amount to be raised for the management fund and the sinking fund;
(c)
to decide whether insurances effected by the owner developer of the development should be varied or extended;
(d)
to decide the matters that shall be determined only by the management corporation at a general meeting;
(e)
to appoint a managing agent, if the management corporation so desire, and to determine the powers, duties or functions of the management corporation to be delegated to the managing agent; and
(f)
to receive and, if considered fit, to adopt the audited annual accounts of the management corporation for the period starting from the date the management corporation is constituted and ending on a date not earlier than 4 months before the first annual general meeting.
(4)  At the end of or within 2 weeks after convening the first annual general meeting of the management corporation constituted in respect of a strata title plan comprising any development, the owner developer of the development shall —
(a)
place before the meeting and deliver to the management corporation copies of all the following:
(i)
all plans that were required to obtain the temporary occupation permit and certificate of statutory completion (where applicable) for all buildings in the development (including amendments to such plans), that have been filed with the Commissioner of Building Control under the Building Control Act (Cap. 29);
(ii)
any document in the owner developer’s possession that indicates, as far as practicable, the actual location of any pipe, wire, cable, chute, duct or other facility for the passage or provision of systems or services, if the owner developer has reason to believe that the pipe, wire, cable, chute, duct or other facility is not located as shown on a plan or an amended plan filed with the Commissioner of Building Control under the Building Control Act;
(iii)
all contracts entered into by or on behalf of the management corporation;
(iv)
a copy of the strata title plan;
(v)
the names and addresses of such contractors, subcontractors and persons who supplied labour or materials to the development during construction as may be prescribed;
(vi)
all warranties, manuals, schematic drawings, operating instructions, service guides, manufacturer’s documentation and other similar information respecting the construction, installation, operation maintenance, repair and servicing of any common property or limited common property, including any warranty information provided to the owner developer by any person referred to in sub-paragraph (v);
(vii)
all records required to be prepared or retained by the management corporation under this Act; and
(viii)
any other records as may be prescribed; and
(b)
place an annual budget before the meeting for approval, which shall be for a period of 12 months starting on the first day of the month following the date of the first annual general meeting.
(5)  If the owner developer contravenes subsection (4)(a) and the management corporation is required to pay any person to obtain a document referred to in that provision, the amount so paid shall be deemed to be a debt owing to the management corporation by the owner developer.
(6)  If the owner developer does not hold the first annual general meeting as required by subsection (1), any subsidiary proprietor of any lot comprised in the development or any mortgagee in possession of such lot may apply to the Commissioner to appoint a person to convene the first annual general meeting of the management corporation for that development.
(7)  The Commissioner may, on receiving any application under subsection (6), by order —
(a)
appoint a person to convene the first annual general meeting of the management corporation of a development within such time and at such place as may be specified in the order; and
(b)
include such ancillary or consequential instructions as the Commissioner thinks fit to facilitate the holding of the meeting by such person,
and any such meeting so convened by that person shall be the first annual general meeting of the management corporation.
(8)  Where an order is made under subsection (7) —
(a)
the person appointed under that order to convene the meeting shall preside at the meeting and while so presiding, he shall be deemed to be the chairperson of the management corporation; and
(b)
notice of the meeting may be given in such manner as may be specified in the order.
(9)  Any owner developer who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.
[LT(S)A, s. 37]
Meetings, other than first annual general meeting, of management corporation
27.
—(1)  After the first annual general meeting has been held, an annual general meeting of a management corporation shall be held in each calendar year and not more than 15 months after the holding of the last preceding annual general meeting.
(2)  A meeting of the management corporation which is not an annual general meeting shall be held whenever it is convened by the council and shall be an extraordinary general meeting.
(3)  Except as otherwise provided in section 26, the First Schedule shall apply to and in respect of any meeting of a management corporation, and voting at that meeting.
(4)  Where after the holding of an annual general meeting of a management corporation —
(a)
no annual general meeting of the management corporation is next held in accordance with subsection (1); or
(b)
the next annual general meeting of the management corporation is held after the time limited by subsection (1) for its holding,
the chairperson and the secretary of the management corporation shall each be guilty of an offence.
(5)  Where any person is charged with an offence under subsection (4), it shall be a defence to prove that he took all reasonable steps and exercised all due diligence to secure compliance with this section.
[LT(S)A, ss. 38(1), 40]
Management corporation’s address
28.
—(1)  Every management corporation shall —
(a)
ensure that an address for the time being for service of notices on it is lodged with the Registrar of Titles and displayed on a notice board at a conspicuous place within the common property; and
(b)
cause to be constructed and maintained at or near the street alignment of the parcel a receptacle suitable for the receipt of mail and other documents with the name of the management corporation clearly shown thereon.
[46/2007]
(2)  A management corporation may decide that the address, as lodged with the Registrar of Titles, for the service of notices on the management corporation shall be changed.
[46/2007]
(3)  Where a management corporation has, under subsection (2), decided that the address for the service of notices on it shall be changed, the management corporation shall —
(a)
within 7 days after deciding, notify the Registrar of Titles and the Commissioner of the change;
(b)
apply to amend the address lodged with the Registrar of Titles and other relevant records accordingly; and
(c)
within 7 days after deciding, serve on each of its subsidiary proprietors a written notice of the change.
[46/2007]
(4)  Any management corporation which contravenes subsection (3)(a) or (c) shall be guilty of an offence.
[LT(S)A, ss. 46, 55]
Duties and powers of management corporation in respect of property
29.
—(1)  Except as otherwise provided in subsection (3), it shall be the duty of a management corporation —
(a)
to control, manage and administer the common property for the benefit of all the subsidiary proprietors constituting the management corporation;
(b)
to properly maintain and keep in a state of good and serviceable repair (including, where reasonably necessary, renew or replace the whole or part thereof) —
(i)
the common property;
(ii)
any fixture or fitting (including any pipe, pole, wire, cable or duct) comprised in the common property or within any wall, floor or ceiling the centre of which forms a boundary of a lot, not being a fixture or fitting (including any pipe, pole, wire, cable or duct) that is used for the servicing or enjoyment of any lot exclusively;
(iii)
any fixture or fitting (including any pipe, pole, wire, cable or duct) which is comprised within a lot and which is intended to be used for the servicing or enjoyment of the common property;
(iv)
each door, window and other permanent cover over openings in walls where a side of the door, window or cover is part of the common property; and
(v)
any movable property vested in the management corporation;
(c)
to effect insurance according to this Act;
(d)
when so directed by a special resolution, to install or provide additional facilities or make improvements to the common property for the benefit of the subsidiary proprietors constituting the management corporation;
(e)
to comply with any notice or order made by any relevant authority or public authority requiring the abatement of any nuisance on the common property or ordering repairs or other work to be done in respect of the subdivided building or common property;
(f)
to pay the rent, if any, on the land on which the subdivided building is erected;
(g)
to cause proper records to be kept of notices given to the management corporation under this Act or any other written law, or of any orders made by a court, a Board or other tribunal and served on the management corporation; and
(h)
to convene annual general meetings in accordance with the First Schedule.
(2)  Except as otherwise provided in subsection (3), a management corporation may —
(a)
enter into an agreement, upon such terms and conditions (including terms for the payment of consideration) as may be agreed upon by the parties thereto, with a subsidiary proprietor or occupier of a lot for the provision of amenities or services by it to the lot or to the subsidiary proprietor or occupier thereof; and
(b)
do all things reasonably necessary for the performance of its duties under this Part and for the enforcement of the by-laws.
(3)  Notwithstanding subsections (1) and (2) but subject to subsection (4), where a strata title plan comprises common property and any limited common property, the management corporation constituted shall, upon the creation of the limited common property —
(a)
perform the duties and exercise the powers referred to in subsections (1) and (2), respectively, only in respect of common property that is not limited common property; and
(b)
cease to perform those duties and exercise those powers in respect of the limited common property created.
(4)  Notwithstanding any other provision of this Act, a management corporation constituted for common property within a strata title plan may manage and maintain any limited common property within that strata title plan upon such terms and conditions as may be agreed between the subsidiary management corporation for that limited common property and the management corporation.
[LT(S)A, ss. 48(1), 50(e)]
Powers of management corporation to carry out work
30.
—(1)  Where a notice has been served on the subsidiary proprietor of a lot by a public authority requiring that subsidiary proprietor to carry out any work on or in relation to that lot and the notice is not complied with, the management corporation may carry out the work.
(2)  Where a subsidiary proprietor, mortgagee in possession, lessee or occupier of a lot fails or neglects to carry out any work —
(a)
required to be carried out by him under a term or condition of a by-law referred to in section 33;
(b)
necessary to remedy a breach of the duty imposed on him by section 63(a);
(c)
to rectify any defect in any water pipe or sewer pipe within his lot or any cracks in the wall or floor within his lot; or
(d)
necessary to rectify his contravention of section 37(1),
the management corporation may carry out that work.
(3)  Where the management corporation carries out any work on or in relation to a lot or common property under subsection (1) or (2), it may recover the cost of so doing, as a debt —
(a)
from the subsidiary proprietor, mortgagee in possession, lessee or occupier referred to in subsection (1) or (2); or
(b)
where the work is carried out —
(i)
under subsection (1) or (2)(b) or (c), from any person who, after the work is carried out, becomes the subsidiary proprietor of the lot on or in relation to which the work was carried out; or
(ii)
under subsection (2)(a), from any person who, after the work is carried out, becomes the subsidiary proprietor of the lot in respect of which the by-law referred to in subsection (2)(a) was made.
(4)  Where an order (including an interim order) made by any Board has not been complied with, the management corporation may carry out any work specified in the order and recover from the person against whom the order was made the cost of so doing as a debt in a court of competent jurisdiction.
(5)  Where —
(a)
any part of a building comprised in a lot contains any structural defect which affects or is likely to affect the support or shelter provided by that lot for another lot in that building or the common property; or
(b)
any defect occurs in any pipe, wire, cable or duct referred to in section 63(a)(ii) within a lot,
and the defect is not due to any breach of the duty imposed on any person by section 63(a), the management corporation shall carry out such work as is necessary to rectify the defect and may recover the cost of such work from any person who has a duty to remedy the defect as a debt in any court of competent jurisdiction.
(6)  Where —
(a)
the management corporation incurs any expenditure or performs any repairs, works or acts that it is required or authorised by this Part or by any other written law to perform (whether or not the expenditure was incurred or the repairs, works or acts were performed consequent upon the service on it by the Government or any statutory authority of any notice or order); and
(b)
the expenditure or the repairs, works or acts were rendered necessary by reason of any wilful or negligent act or omission on the part of, or breach of any provision of its by-laws by any person or his tenant, lessee, licensee or invitee,
the amount of that expenditure expended by it in performing the repairs, works or acts shall be recoverable by it from that person as a debt in an action in any court of competent jurisdiction.
[LT(S)A, s. 45]
Powers of entry of management corporation
31.
—(1)  For the purpose of carrying out —
(a)
pursuant to section 30(1), (2), (4) or (5), any work;
(b)
any work required to be carried out by a management corporation —
(i)
by a notice served on it by a public authority; or
(ii)
by an order (including an interim order) of a Board;
(c)
any work referred to in section 29(1)(b) or (d); or
(d)
any work necessary to repair or renew any pipe, wire, cable or duct referred to in section 63(a)(ii),
the management corporation may, by its agents, employees or contractors, enter upon any part of the parcel for the purpose of carrying out the work —
(i)
in the case of an emergency, at any time; or
(ii)
in any other case, at any reasonable time on notice being given to any occupier of that part of the parcel.
(2)  Any person who obstructs or hinders a management corporation in the exercise of any power under this section shall be guilty of an offence.
[LT(S)A, s. 49]
By-laws for common property
32.
—(1)  Every parcel comprised in a strata title plan shall be regulated by by-laws.
(2)  Subject to the Fourth Schedule, the by-laws prescribed by regulations shall be the by-laws for every parcel comprised in a strata title plan in respect of which a management corporation is constituted on or after 1st April 2005, and no by-law made under this section or section 33 shall be inconsistent with any such prescribed by-law.
(3)  Save where otherwise provided in section 33, a management corporation may, pursuant to a special resolution, make by-laws, or amend, add to or repeal any by-laws made under this section, for the purpose of controlling and managing the use or enjoyment of the parcel comprised in the strata title plan, including all or any of the following purposes:
(a)
safety and security measures;
(b)
details of any common property of which the use is restricted;
(c)
the keeping of pets;
(d)
parking;
(e)
floor coverings;
(f)
garbage disposal;
(g)
behaviour;
(h)
architectural and landscaping guidelines to be observed by all subsidiary proprietors;
(i)
such other matters as are appropriate to the type of strata scheme concerned.
(4)  Any by-laws made, and any amendment of, or addition to or repeal of the by-laws made under this section or section 33, shall have no force or effect until a copy of the by-laws or the amendment, or addition or repeal, as the case may be, has been lodged with the Commissioner.
(5)  A copy of every by-law made by the management corporation under this section or section 33, and every addition to, amendment or repeal of any such by-law for the time being in force, certified as a true copy under the seal of the management corporation, shall be lodged by the management corporation with the Commissioner within 30 days of the passing of the resolution by the management corporation approving the making of such by-law or any amendment of, addition to or repeal of any existing by-law.
(6)  Without limiting the operation of any other provision of this Act, the prescribed by-laws and any by-laws made under this section or section 33 for the time being in force shall bind the management corporation and the subsidiary proprietors and any mortgagee in possession (whether by himself or any other person), lessee or occupier of a lot to the same extent as if the by-laws —
(a)
had been signed and sealed by the management corporation, and each subsidiary proprietor and each such mortgagee, lessee and occupier, respectively; and
(b)
contained mutual covenants to observe, comply and perform all the provisions of the by-laws.
(7)  A lease of a lot shall be deemed to contain an agreement by the lessee that the lessee will comply with the prescribed by-laws and any by-laws made under this section or section 33 for the time being in force.
(8)  The management corporation shall —
(a)
keep a record of the prescribed by-laws and any by-laws made by the management corporation under this section or section 33 which are in force from time to time;
(b)
display a copy of the prescribed by-laws and any other by-laws made by the management corporation under this section or section 33 on a notice board maintained by the management corporation on the common property;
(c)
on receipt of an application in writing made by a subsidiary proprietor, or by a person duly authorised to apply on behalf of a subsidiary proprietor for a copy of the by-laws which are in force, supply to such subsidiary proprietor or duly authorised person at a reasonable cost a copy of the by-laws; and
(d)
on the application of any person who satisfies the management corporation that he has a proper interest in so applying, make the by-laws available for his inspection.
(9)  No by-law made under this section or section 33 shall be capable of operating —
(a)
to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing of a lot; or
(b)
to destroy or modify any easement expressly or impliedly created by or under this Act or the Land Titles (Strata) Act (Cap. 158).
(10)  The management corporation or subsidiary proprietor, mortgagee in possession, lessee or occupier of a lot shall be entitled to apply to the court —
(a)
for an order to enforce the performance of or restrain the breach of any by-law by; or
(b)
to recover damages for any loss or injury to person or property arising out of the breach of any by-law from,
any person bound to comply therewith, the management corporation or the managing agent.
(11)  The court may make such order against any such person, the management corporation or the members of its council, or the managing agent, as the court thinks fit.
(12)  In this section, “lease” includes a tenancy agreement.
[LT(S)A, s. 41]
Exclusive use by-laws
33.
—(1)  Without prejudice to section 32, with the written consent of the subsidiary proprietor of the lot concerned, a management corporation may make a by-law —
(a)
pursuant to an ordinary resolution, conferring on the subsidiary proprietor of a lot specified in the by-law, or on the subsidiary proprietors of the several lots so specified, for a period not exceeding one year —
(i)
the exclusive use and enjoyment of; or
(ii)
special privileges in respect of,
the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by-law;
(b)
pursuant to a special resolution, conferring on the subsidiary proprietor of a lot specified in the by-law, or on the subsidiary proprietors of the several lots so specified, for a period which exceeds one year but does not exceed 3 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 3 years —
(i)
the exclusive use and enjoyment of; or
(ii)
special privileges in respect of,
the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by-law;
(c)
pursuant to a 90% resolution, conferring on the subsidiary proprietor of a lot specified in the by-law, or on the subsidiary proprietors of the several lots so specified, for a period which exceeds 3 years —
(i)
the exclusive use and enjoyment of; or
(ii)
special privileges in respect of,
the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by-law; or
(d)
amending, adding to or repealing a by-law made in accordance with paragraph (a), (b) or (c), as the case may be.
(2)  A by-law referred to in subsection (1) shall either provide that —
(a)
the management corporation shall continue to be responsible to carry out its duties under section 29(1), at its own expense; or
(b)
the subsidiary proprietor or proprietors of the lot or lots concerned shall be responsible for, at the subsidiary proprietor’s or subsidiary proprietors’ expense, the performance of the duties of the management corporation referred to in paragraph (a),
and in the case of a by-law that confers rights or privileges on more than one subsidiary proprietor, any money payable by virtue of the by-law by the subsidiary proprietors concerned —
(i)
to the management corporation; or
(ii)
to any person for or towards the maintenance or upkeep of any common property,
shall, except to the extent that the by-law otherwise provides, be payable by the subsidiary proprietors concerned proportionately according to the relevant proportions of their respective share values.
(3)  Any by-law referred to in subsection (1) shall, while it remains in force, enure as appurtenant to, and for the benefit of, and is binding upon, the subsidiary proprietor or subsidiary proprietors for the time being of the lot or lots specified in the by-law.
(4)  To the extent to which such a by-law makes a subsidiary proprietor directly responsible for the duties of the management corporation referred to in subsection (2)(a), it discharges the management corporation from the performance of those duties.
(5)  If a by-law does not provide as required by subsection (2)(a) or (b), the subsidiary proprietor or subsidiary proprietors shall be responsible at his or their own expense, for the duties of the management corporation referred to in subsection (2)(a).
(6)  Any moneys payable by a subsidiary proprietor to the management corporation under a by-law referred to in subsection (1) may be recovered as a debt by the management corporation in any court of competent jurisdiction.
(7)  A by-law made pursuant to subsection (1) —
(a)
need not identify or define the common property which is the subject of the grant of exclusive use and enjoyment or special privileges provided that the by-law prescribes a method of identifying or defining the common property; and
(b)
may authorise the transposition of an identified or defined area of the common property from one subsidiary proprietor of a lot to another subsidiary proprietor of a lot at any time and from time to time on receipt of written notice to the management corporation from both such subsidiary proprietors.
*(8)  Notwithstanding any provision in this Act, the owner developer of a staged development on a parcel shall, when carrying out any warranted development or authorised proposal in respect thereof, be entitled to use any common property, limited common property or future development lot within that parcel —
(a)
to the extent necessary to carry out the development; or
(b)
to such other extent as may be specified in the staged development contract between the owner developer and any subsidiary proprietor of any lot comprised in the staged development, which may confer on the owner developer an exclusive (or any lesser) right to occupy the common property or limited common property.
*  No date has been appointed for the coming into operation of this subsection as at 1st July 2008.
*(9)  Any right conferred by subsection (8) may be exercised notwithstanding any provision of the by-laws made under section 32 or this section, but shall be exercised in a manner that does not cause unreasonable inconvenience to any occupier of a lot.
[LT(S)A, s. 41]
*  No date has been appointed for the coming into operation of this subsection as at 1st July 2008.
Dispositions and additions to, etc., common property
34.
—(1)  A management corporation may, subject to the approval of the relevant authority, and pursuant to a 90% resolution —
(a)
execute on behalf of its subsidiary proprietors a transfer of any part of common property (including a part of any building or any immovable property affixed to the common property) as provided in section 23 of the Land Titles (Strata) Act (Cap. 158); or
(b)
execute on their behalf a lease of or rent part of such common property for a period which exceeds 3 years,
other than common property which is the subject of any lease accepted or acquired by the management corporation under subsection (3).
[42/2005]
(2)  Subject to such approval from the relevant authority, a management corporation may —
(a)
pursuant to a special resolution, execute on behalf of its subsidiary proprietors a lease of or rent part of such common property to any person for a period which exceeds one year but does not exceed 3 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 3 years; or
(b)
execute on their behalf a lease of or rent part of such common property to any person for a period which does not exceed one year and cannot be extended by exercise of any option of renewal to exceed an aggregate of one year,
other than common property which is the subject of any lease accepted or acquired by the management corporation under subsection (3).
(3)  A management corporation may, pursuant to a special resolution, and subject to such approval from the relevant authority, 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.
(4)  A management corporation may approve the subdivision of a lot or the amalgamation of 2 or more lots resulting in the creation of any additional or new common property.
(5)  Where there are 2 or more management corporations established for separate parcels which are of the same tenure, the respective management corporations may, pursuant to respective special resolutions and subject to such approval from the relevant authority, accept and execute such instruments to amalgamate the common property within the parcels to be held by all the subsidiary proprietors of the respective management corporations as tenants-in-common in undivided shares.
[LT(S)A, ss. 23(1), 25(1), 26(1)]
Creation of easements by management corporation
35.
—(1)  Subject to subsection (2), a management corporation may, pursuant to a unanimous resolution —
(a)
execute on 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.
(2)  Subsection (1) shall not authorise a management corporation to accept, grant or execute a surrender of any easement relating to common property which is the subject of a lease accepted or acquired by the management corporation under section 34(3) that, apart from subsection (1), it is not entitled to accept or execute as a lessee or, by the terms of the lease, it is prevented from accepting or executing.
[LT(S)A, s. 22(1)]
Application by subsidiary proprietor to court regarding common property
36.
—(1)  Notwithstanding sections 34 and 35, a subsidiary proprietor may make an application to the court for an order to direct the management corporation or management corporations to —
(a)
transfer a part of the common property;
(b)
accept a transfer of any land or part thereof or any lot so that the land or part thereof or lot shall form part of the common property; or
(c)
amalgamate the common property of 2 or more management corporations.
(2)  When an application has been made to the court under subsection (1), the court may, on being satisfied that it is impracticable to convene a meeting to pass the required resolution and that having regard to the rights and interests of the subsidiary proprietors and the persons having registered interests in the common property as a whole it is just and equitable that —
(a)
the transfer of the part of the common property should be made;
(b)
any land or part thereof or lot should form part of the common property; or
(c)
the common property of 2 or more management corporations should be amalgamated,
make an order directing the management corporation or management corporations to transfer such part of the common property, accept the transfer of the land or part thereof or lot, or execute an instrument of transfer of 2 or more parcels so that such parcels shall become vested as one parcel in all the subsidiary proprietors as tenants-in-common in so far as these parcels affect the common property, as the case may be, and lodge the transfer with the Registrar of Titles.
[LT(S)A, s. 27(1) and (2)]
Improvements and additions to lots
37.
—(1)  Except pursuant to an authority granted under subsection (2), no subsidiary proprietor of a lot that is comprised in a strata title plan shall effect any improvement in or upon his lot for his benefit which increases or is likely to increase the floor area of the land and building comprised in the strata title plan.
(2)  A management corporation may, at the request of a subsidiary proprietor of any lot comprised in its strata title plan and upon such terms as it considers appropriate, by 90% resolution, authorise the subsidiary proprietor to effect any improvement in or upon his lot referred to in subsection (1).
(3)  Except pursuant to an authority granted under subsection (4), no subsidiary proprietor of a lot that is comprised in a strata title plan shall effect any other improvement in or upon his lot for his benefit which affects the appearance of any building comprised in the strata title plan.
(4)  A management corporation may, at the request of a subsidiary proprietor of any lot comprised in its strata title plan and upon such terms as it considers appropriate, authorise the subsidiary proprietor to effect any improvement in or upon his lot referred to in subsection (3) if the management corporation is satisfied that the improvement in or upon the lot —
(a)
will not detract from the appearance of any of the buildings comprised in the strata title plan or will be in keeping with the rest of the buildings; and
(b)
will not affect the structural integrity of any of the buildings comprised in the strata title plan.
(5)  In this section, in relation to any land and building comprised in a strata title plan, “floor area” has the same meaning as in the Planning (Development Charges) Rules (Cap. 232, R 5).
Management funds and sinking funds
38.
—(1)  A management corporation shall establish and maintain a fund as its management fund.
(2)  A management corporation shall pay into its management fund —
(a)
all moneys received by it in respect of contributions determined under section 39(1);
(b)
the proceeds of the sale or other disposal of any movable property of the management corporation;
(c)
any fee received by the management corporation under section 47;
(d)
any amount paid to the management corporation by way of discharge of insurance claims; and
(e)
interest received on any investment belonging to the management fund.
(3)  A management corporation shall not disburse any moneys from its management fund otherwise than for the purpose of —
(a)
meeting its liabilities referred to in section 39(1);
(b)
carrying out its powers, authorities, duties or functions under this Act; or
(c)
transferring moneys therein not required to meet the liabilities of the management fund to the sinking fund.
(4)  A management corporation shall also establish and maintain a fund as its sinking fund.
(5)  In addition to any moneys transferred under subsection (3)(c), a management corporation shall pay into its sinking fund —
(a)
all moneys received by it in respect of contributions determined under section 39(2);
(b)
any amount paid to the management corporation by way of discharge of insurance claims and not paid to the management fund;
(c)
all other amounts received by the management corporation and not paid or payable into the management fund; and
(d)
interest received on any investment belonging to the sinking fund.
(6)  A management corporation shall not disburse any moneys from its sinking fund otherwise than for the purpose of —
(a)
meeting its liabilities referred to in section 39(2); or
(b)
carrying out its powers, authorities, duties or functions under this Act.
(7)  A management corporation may only invest any moneys in its management fund or sinking fund in any manner permitted by law for the investment of trust funds.
(8)  A management corporation shall pay any moneys in its management fund or sinking fund that are not otherwise invested in accordance with subsection (7) into an account established with a financial institution in the name of the management corporation.
(9)  A management corporation may borrow moneys and secure the repayment thereof and of any interest in such manner as may be agreed upon by the management corporation and the lender, otherwise than by charging the repayment on the common property.
(9A)  No moneys in the management fund or sinking fund shall be used for any purpose of a collective sale of the property under Part VA of the Land Titles (Strata) Act (Cap. 158) other than for the purpose of convening any general meeting under the Second Schedule to that Act.
[46/2007]
(9B)  The moneys remaining in the management fund and sinking fund as at the date of the legal completion of a collective sale of the property in accordance with Part VA of the Land Titles (Strata) Act shall be returned as soon as practicable to the subsidiary proprietors of the lots in shares proportional to the contributions levied by the management corporation on the subsidiary proprietors in accordance with this Act.
[46/2007]
(10)  A management corporation shall —
(a)
cause proper books of account to be kept in respect of moneys received or expended by the management corporation showing the items in respect of which the moneys were received or expended; and
(b)
cause to be prepared, from the books referred to in paragraph (a), a proper statement of accounts of the management corporation in respect of each period commencing on the date the management corporation was constituted or the date up to which the last previous such statement was prepared and ending on a date not earlier than 4 months before each annual general meeting.
[LT(S)A, ss. 48(1) and (2), 50]
Management corporation to determine contributions by subsidiary proprietors
39.
—(1)  The management corporation shall, from time to time at a general meeting, determine the amounts which are reasonable and necessary to be raised by contributions for the purpose of meeting its actual or expected liabilities incurred or to be incurred within the period (not exceeding 12 months) specified in the determination in respect of —
(a)
the regular maintenance and keeping in good and serviceable repair pursuant to section 29 of parts of the parcel being the common property, fixtures, fittings and other property (including movable property) held by or on behalf of the management corporation;
(b)
the common expenses of the management corporation (except those in subsection (2)(a) to (d));
(c)
the payment of insurance premiums; and
(d)
all other liabilities incurred or to be incurred during that period by or on behalf of the management corporation in carrying out its powers, authorities, duties and functions under this Act other than liabilities referred to in subsection (2).
(2)  The management corporation shall, also from time to time at a general meeting, determine the amounts which are reasonable and necessary to be raised by contributions for the purpose of meeting its actual or expected liabilities incurred or to be incurred in respect of —
(a)
painting or treating of any part of the common property which is a structure or other improvement for the preservation and appearance of the common property;
(b)
major repairs and improvements to, and maintenance of, the common property and boundary wall;
(c)
the renewal or replacement pursuant to section 29 of parts of the parcel being the common property, fixtures, fittings and other property (including movable property) held by or on behalf of the management corporation;
(d)
the acquisition of movable property; and
(e)
such other liabilities expected to be incurred at a future time where the management corporation determines in a general meeting that the whole or part thereof should be met from its sinking fund.
(3)  If the management corporation becomes liable to pay any moneys that it is unable to pay immediately, the management corporation shall determine that amount to be raised by contributions.
(4)  A determination made by a management corporation under subsection (1) or (2) may specify that the amounts to be raised for the purposes therein referred to shall be raised by such regular periodic contributions as may be specified in the determination.
[LT(S)A, s. 48(1)]
Contributions by subsidiary proprietors
40.
—(1)  A management corporation may levy the contributions determined by it in accordance with section 39(1) or (2) or 41, and the contributions referred to in section 39(3), by serving on the subsidiary proprietors notice in writing of the contributions payable by them in respect of their respective lots.
(2)  Subject to sections 41 and 108(3), the contributions levied by a management corporation in respect of each lot shall be payable by the subsidiary proprietors in shares proportional to the share value of their respective lots.
(3)  If, at the time a person becomes a subsidiary proprietor of a lot, another person is liable in respect of the lot to pay a contribution levied under this section or section 41, the subsidiary proprietor shall, subject to section 47(3), be jointly and severally liable with the other person for the payment of the contribution and interest on the contribution.
(4)  A person who has ceased to be a subsidiary proprietor of the lot shall only be liable to pay the contribution levied under this section or section 41 and which was unpaid at the time he ceased to be a subsidiary proprietor, plus the interest accruing on the unpaid contribution until such time as it is paid.
(5)  Without affecting the liability of the subsidiary proprietor of a lot in respect of any contribution levied under this section or section 41, where a mortgagee is in possession (whether by himself or any other person) of a lot, he shall be jointly and severally liable with the subsidiary proprietor of the lot which he is in possession —
(a)
for any contribution to a management fund or sinking fund by regular periodic instalments;
(b)
for any other contributions if notice in writing of the levy of the contribution has been served on him; and
(c)
for interest on any of those contributions.
(6)  Any contribution levied under this section or section 41 —
(a)
shall become due and payable to the management corporation without any deduction whatsoever in accordance with the decision of the management corporation to make the levy;
(b)
if not paid within 30 days when it becomes due and payable, shall bear interest at the rate determined by the management corporation and such interest shall accrue from the expiry of 30 days after the date when the contribution becomes due and payable unless the management corporation determines in a general meeting (either generally or in a particular case) that any unpaid contribution shall bear no interest; and
(c)
may, together with such interest due, be recovered as a debt by the management corporation in any court of competent jurisdiction.
(7)  Any interest paid under subsection (6) shall form part of the fund to which the contribution belongs.
(8)  Any contribution levied by a management corporation under this section or section 41 shall be deemed to be money payable under a contract for the provision of services and a management corporation may lodge a claim for the payment of such contribution with a Small Claims Tribunal in accordance with the provisions of the Small Claims Tribunals Act (Cap. 308).
(9)  Where any contribution or interest thereon levied under subsection (6) is not paid within 30 days when it becomes due and payable, the management corporation may serve a written demand on the subsidiary proprietor of the lot in respect of which the contribution is levied.
(10)  Without prejudice to subsection (8), a subsidiary proprietor who fails to pay any contribution or interest due and owing to a management corporation within 14 days from the date of service of any written demand referred to in subsection (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the contribution or interest or both remain unpaid after conviction.
(11)  The court before which a conviction for an offence under subsection (10) is had may, in addition to such fine, order the subsidiary proprietor to pay to the management corporation the amount of any contribution together with any interest thereon or any interest certified by the management corporation to be due from such person at the date of his conviction, and such amount shall be recovered according to any written law for the time being in force for the recovery of fines.
(12)  In this section, “subsidiary proprietor” includes —
(a)
a mortgagee in possession and the person for the time being receiving the rent of the lot, whether as agent or trustee or as receiver, or who would receive the rent if the lot were let to a tenant; and
(b)
the person whose name is included in the Valuation List referred to in the Property Tax Act (Cap. 254) as the owner of the lot for the purposes of that Act.
[LT(S)A, s. 42]
Additional or variation of contributions
41.
—(1)  Notwithstanding section 40(2), the contributions payable by the subsidiary proprietor of a proposed lot shall, during the period when any building consisting of that proposed lot is being erected and is not yet completed, be reduced by 75%.
(2)  For the purposes of subsection (1), a building consisting of a proposed lot shall be deemed to be completed when a temporary occupation permit is issued for any proposed lot in the building.
(3)  Notwithstanding section 40(2), a management corporation may, subject to the approval of the Commissioner under subsection (4), levy additional contributions on the subsidiary proprietor of any lot —
(a)
where a lot has been subdivided into 2 or more lots and the management corporation will incur additional expenditure in maintaining the facilities or common property, whether or not new facilities or new common property arise from the subdivision of the first-mentioned lot;
(b)
where any change of use in respect of a lot has been approved by the competent authority without any alteration to the common property; or
(c)
where improvements in or upon the lot have been effected for the benefit of the subsidiary proprietor thereof in accordance with section 37.
(4)  The Commissioner may approve the levy of any additional contribution under subsection (3) if and only if he is satisfied that the additional contribution is not inadequate, excessive and unreasonable.
(5)  The Commissioner shall give any subsidiary proprietor concerned an opportunity of being heard before giving his approval for any additional contribution to be levied under subsection (3).
(6)  Notwithstanding section 40(2), where any common property is altered or any structure is erected on the common property giving rise to a change in use of the common property by or in respect of any lot, the management corporation may, pursuant to a comprehensive resolution, levy contributions to the management fund and sinking fund on any subsidiary proprietor of such lot using any one or more formula different from that in section 40(2).
(7)  A copy of every comprehensive resolution referred to in subsection (6) shall be filed by the management corporation concerned with the Commissioner within 7 days after its passing.
(8)  Notwithstanding section 40(2) but subject to subsections (1), (3) and (6), a management corporation may, pursuant to resolution by consensus, levy contributions to the management fund or sinking fund on all or any of its subsidiary proprietors based on any other method.
(9)  A management corporation may, by special resolution, determine (either generally or in a particular case) the amount or percentage less of a contribution levied that a subsidiary proprietor may pay in the following circumstances:
(a)
if the contribution is paid to the management corporation before the date it becomes payable; or
(b)
for contributions payable by instalments — if the contribution is paid in full on or before the date specified in the notice for payment in full, or if the contributions are paid in another way stated in the resolution.
[LT(S)A, s. 42]
Contributions payable before first annual general meeting
42.
—(1)  Where the first annual general meeting of a management corporation constituted in respect of a strata title plan has not yet been convened, the subsidiary proprietor of each of the lots in the strata title plan shall, starting from the date of the management corporation is constituted, pay to the management corporation any sum which has been approved by the Commissioner under section 18 as the amount payable for the maintenance of the subdivided building and the common property.
(2)  The sum referred to in subsection (1) shall be deemed to be the amount determined by the management corporation as the contributions payable by the subsidiary proprietors to the management fund of the management corporation.
[LT(S)A, s. 35]
Recovery of contribution from sale of lot
43.
—(1)  Where —
(a)
an amount is recoverable by the management corporation from the subsidiary proprietor of a lot under section 30; or
(b)
any contribution is levied under section 40 or 41,
and such amount or contribution remains unpaid on the expiry of a period of 30 days after the management corporation has served a written demand for the amount or contribution, that amount or contribution, including any interest thereon (if any), shall constitute a charge on the lot in favour of the management corporation upon lodgment of an instrument of charge by the management corporation with and the registration thereof by the Registrar of Titles.
(2)  Upon registration of the instrument of charge by the Registrar of Titles —
(a)
the management corporation shall, subject to subsection (3), have the power of sale and all other powers relating or incidental thereto as if such management corporation is a registered mortgagee; and
(b)
the amount or contribution due (including interest thereon) shall be subject to all statutory charges of any public authority over the lot and to all encumbrances registered or notified prior to the date of lodgment of that instrument of charge except that in the case where a prior registered mortgagee or chargee has sold the lot in exercise of his power of sale, the registered charge of the estate or interest of the lot when transferred to a purchaser by the mortgagee or chargee shall not be over-reached by the exercise of the power of sale by the mortgagee or chargee of a prior registered mortgage or charge.
(3)  The management corporation shall not proceed to sell the lot under subsection (2)(a) unless —
(a)
a special resolution has been passed by the management corporation to have the lot sold;
(b)
a notice of the intended sale has been published once in one or more daily newspapers approved by the Registrar of Titles;
(c)
during the period of 6 weeks after the date of such publication, no payment has been received for the amount or contribution due (including interest thereon) and the cost of publication specified in paragraph (b) as well as any other necessary incidental charges; and
(d)
there is no legal action pending in court to restrain the management corporation from proceeding with the sale.
(4)  Where a transfer of any lot has been made by the management corporation in the exercise of its power of sale as a chargee under subsections (2) and (3) and lodged with the Registrar of Titles for registration —
(a)
such transfer shall not be accepted for registration unless there has been lodged with the Registrar of Titles —
(i)
a certified true copy of the special resolution of the management corporation authorising the exercise of its power of sale with the seal of the management corporation affixed thereto in the presence of 2 members of the council of the management corporation;
(ii)
a copy of every publication containing the notice referred to in subsection (3)(b); and
(iii)
a statutory declaration made by the members of the council of the management corporation referred to in sub-paragraph (i) jointly stating that the amount or contribution and interest due thereon, including all necessary incidental charges owing to the management corporation as at the date of the contract for the sale of the lot, have not been paid and that there is no legal action pending in court to restrain the management corporation from proceeding with the sale of the lot; and
(b)
neither the person who purchased the lot from the management corporation nor the Registrar of Titles shall be concerned to inquire into the regularity or validity of the sale or transfer.
(5)  Where an instrument of charge has been registered against a lot under this section, the subsidiary proprietor of the lot shall —
(a)
upon payment of the whole amount or contribution due (including interest thereon) and any necessary or incidental charges (including legal costs) to the management corporation before it has exercised its power of sale conferred by this section, be entitled to an instrument of discharge executed and acknowledged by the management corporation as to the receipt of such payment; and
(b)
upon registration of the instrument of discharge or, in the event of the management corporation refusing to execute a discharge, an order of court declaring that the lot shall be discharged from the charge, the lot shall be freed from the charge constituted under this section.
(6)  For the purpose of registration of a charge, discharge or transfer under this section, the Registrar of Titles may dispense with the production of the relevant duplicate subsidiary strata certificate of title issued under the Land Titles (Strata) Act (Cap. 158).
(7)  Notwithstanding section 80 of the Land Titles Act (Cap. 157) and section 15 of the Registration of Deeds Act (Cap. 269) —
(a)
where further contributions and interest thereon are due to the management corporation after the registration of an instrument of charge under this section; or
(b)
where the management corporation has incurred or become liable for any reasonable legal costs and reasonable expenses incurred in connection with the collection or attempted collection of the unpaid amount or contribution or further amount or contribution,
such amount or contribution due (including interest thereon) and such legal costs and expenses shall rank in priority to any other claims as if the amount or contribution were due at the date of the registration of the charge.
(8)  A charge under subsection (2) shall continue in force until all the amount or contributions (including interest thereon) and the legal costs and expenses, as the case may be, secured by the charge have been paid.
(9)  This section shall not affect the rights and powers conferred on the management corporation by sections 30 and 40 to recover the amount or contribution due and all interest thereon including any legal costs and incidental charges necessarily incurred for the recovery of the amount or contribution in respect of any lot as a debt from the subsidiary proprietor of, or his successor in title to, the lot.
(10)  In this section, “public authority” means the Government, the Collector of Land Revenue, the Comptroller of Property Tax, and any other person, corporation or body, authorised or empowered by any written law to attach, sell or acquire land compulsorily.
[LT(S)A, s. 43]
Liability of members for debts of management corporation
44.
—(1)  The payment of any expenditure lawfully incurred by a management corporation in the course of the exercise of any of its powers or functions or the carrying out of its duties or obligations shall, by virtue of this section, be guaranteed by the persons who, for the time being and from time to time, comprise the management corporation.
(2)  The subsidiary proprietor of a lot shall be liable only to pay the amount which he would have to pay if contributions were levied by the management corporation under section 40 or 41(6) to raise the necessary sum for the payment of the expenditure.
[LT(S)A, s. 44]
Audit of accounts of management corporation
45.
—(1)  Subject to section 134, the books and accounts of every management corporation in respect of each financial year of the management corporation shall be audited.
(2)  The audit of the books and accounts of a management corporation shall be carried out only by a person who is a public accountant within the meaning of the Companies Act (Cap. 50).
(3)  The auditor shall be appointed by —
(a)
the management corporation at its annual general meeting; or
(b)
the council of the management corporation within 90 days after the annual general meeting is concluded if no auditor is appointed during that annual general meeting,
and the auditor shall hold office until the conclusion of the next annual general meeting of the management corporation.
[LT(S)A, s. 56]
Strata roll
46.
—(1)  A management corporation shall prepare and maintain a strata roll in accordance with this section.
(2)  The strata roll shall be kept in the form of a book (either bound or loose-leaf) which shall contain one or more pages in respect of each lot in the subdivided building.
(3)  The management corporation shall record the following information on a page of the strata roll relating to the lot to which the information relates:
(a)
the share value of the lot, as shown on the schedule of strata units accepted by the Commissioner under section 11;
(b)
the name and address of the subsidiary proprietor, as shown on the folio of the subsidiary strata land-register comprising the lot and name of and address within Singapore for the service of notices on the subsidiary proprietor of that lot as shown in notices given to the management corporation under section 65(2) or (3);
(c)
the name of any mortgagee of the lot notice of whose mortgage has been given to the management corporation under section 65(4), the address within Singapore for the service of notices on him as shown in that notice and any other mortgages which are specified in that notice as having priority over his mortgage;
(d)
the name of the representative of any company which is the subsidiary proprietor or mortgagee of the lot as shown in notices given to the management corporation for the purposes of section 65(10);
(e)
the discharge, transfer, assignment or sub-mortgage of any mortgage referred to in paragraph (c), as shown in a notice given to the management corporation under section 65(5) or (6) and, except in the case of a discharge, the address within Singapore for the service of notices on the transferee, assignee or sub-mortgagee as shown in that notice;
(f)
the date of entry into possession of the lot by a mortgagee as shown in a notice given to the management corporation under section 65(7); and
(g)
the address within Singapore for the service of notices on any person as shown in a notice given to the management corporation under section 65(1).
(4)  The management corporation shall record and maintain in the strata roll a copy of the by-laws for the time being in force with respect to the subdivided building.
[LT(S)A, s. 53]
Supply of information, etc., by management corporations
47.
—(1)  A management corporation shall, upon application made to it in writing in respect of a lot which is the subject of the subdivided building concerned by a subsidiary management corporation, or by a subsidiary proprietor or mortgagee or prospective purchaser or mortgagee of that lot or by a person authorised in writing by such a subsidiary proprietor or mortgagee and on payment of the prescribed fee, do any one or more of the following things as are required of it in the application:
(a)
inform the applicant of the name and address of the chairperson, secretary and treasurer of the management corporation and of any person who has been appointed under section 66 as managing agent;
(b)
make available for inspection by the applicant or his agent —
(i)
the strata roll;
(ii)
the notices and orders referred to in section 29(1)(g);
(iii)
the plans, specifications, certificates, drawings and other documents delivered under section 26(4);
(iv)
the minutes of general meetings of the management corporation and of the council;
(v)
the books of account of the management corporation;
(vi)
a copy of the statement of accounts of the management corporation last prepared by the management corporation in accordance with section 38(10); and
(vii)
any other record or document in the custody or under the control of the management corporation,
at such time and place as may be agreed upon by the applicant or his agent and the management corporation and, failing agreement, at the subdivided building at a time and on a date fixed by the management corporation under subsection (2);
(c)
certify, as at the date of the certificate, in respect of the lot in respect of which the application is made —
(i)
the amount of any regular periodic contributions determined by the management corporation under section 39(1) and (2) and the periods in respect of which those contributions are payable;
(ii)
whether there is any amount unpaid of any contribution determined under section 39(1) and (2) and, if so, the amount thereof and the date on which any such contribution was levied;
(iii)
whether there is any amount unpaid of any contribution levied under section 40 or 41 and, if so, the amount thereof and the date on which it was levied;
(iv)
whether there is any amount recoverable from the subsidiary proprietor of that lot under section 30 and, if so, the amount thereof;
(v)
any interest payable under section 40(6)(b) in respect of any unpaid contribution referred to in that subsection; and
(vi)
whether the management corporation has received a copy of any application made to, or any order of, any Board or the High Court under section 84A or 84FA of the Land Titles (Strata) Act (Cap. 158).
(1A)  A management corporation for a strata title plan shall, upon application made to it in writing by a collective sale committee constituted in accordance with the Land Titles (Strata) Act (Cap. 158) for the purposes of a collective sale under section 84A or 84FA of that Act and on payment by the collective sale committee of the prescribed fee, furnish a copy of extracts from the strata roll containing the information referred to in section 46(3) in respect of every lot comprised in that strata title plan.
(2)  Where an applicant and a management corporation fail to reach an agreement referred to in subsection (1)(b) within 7 days after the receipt of the application by the management corporation, the management corporation shall immediately send by post to the applicant a notice fixing a time, specified in the notice, between 9 a.m. and 6 p.m. on a date so specified, being a date not later than 21 days after the receipt of the application by the management corporation for the making of the inspection referred to in that subsection.
(3)  In favour of a donee of, or a person taking for valuable consideration, an estate or interest in any lot, a certificate given under subsection (1)(c) by a management corporation in respect of that lot shall be conclusive evidence, as at the date of the certificate, of the matters stated therein.
(4)  A person entitled to inspect a document made available under subsection (1)(b) may take extracts from, or make a copy of, the document but may not, without the consent of the management corporation, remove the document from the custody of the management corporation for the purpose of inspecting the document, taking extracts therefrom or making a copy thereof.
[LT(S)A, s. 54]
Records, etc., of management corporation
48.
—(1)  A person who has possession or control of —
(a)
any records, books of account or keys belonging to a management corporation;
(b)
the strata roll kept by a management corporation; or
(c)
any other property of a management corporation,
shall, within 7 days after service on him of notice of a resolution of the council requiring him to do so, deliver those records, books of account and keys and that strata roll and other property to a member of the council specified in the notice.
(2)  Every management corporation shall retain all its records, books of account and such other documents relating to any of its transactions or operations for a period of not less than 5 years from the end of the financial year in which the transactions or operations to which those documents relate are completed.
[2/2007]
(3)  Any management corporation which, without reasonable excuse, fails to comply with subsection (2) shall be guilty of an offence.
[LT(S)A, s. 65]
Restrictions on management corporation’s powers during initial period
49.
—(1)  Notwithstanding any other provision of this Act, a management corporation constituted in respect of any strata title plan shall not, during its initial period —
(a)
amend, add to or revoke the by-laws in such a manner that a right is conferred or an obligation is imposed on one or more, but not all, subsidiary proprietors or in respect of one or more, but not all, lots in that strata title plan;
(b)
alter any common property forming part of the parcel comprised in that strata title plan or erect any structure on the common property;
(c)
grant an easement or a restrictive covenant burdening the parcel;
(d)
execute a transfer of any part of the common property under section 34 or confer on any person the exclusive right to use and enjoy the common property;
(e)
make any contract which confers upon any person the right to use, occupy, control or manage any part of the common property for a period extending beyond the expiration of the initial period;
(f)
borrow moneys or give securities; or
(g)
appoint a managing agent to hold office as such for a period extending beyond the expiration of the initial period,
unless the doing of that thing is authorised under section 50 or 51.
(2)  Any contract made by a management corporation constituted in respect of a strata title plan during its initial period, being a contract for the supply of services relating to the maintenance of any part of a parcel comprised in the strata title plan, shall be deemed to contain a provision therein that the contract may be terminated immediately by notice in writing given by the management corporation to the other party thereto without payment of any damage, fee or other compensation.
(3)  Without affecting any other remedy available against the owner developer of a development comprised in a strata title plan, if a management corporation constituted in respect of that strata title plan contravenes subsection (1) —
(a)
the owner developer shall be liable for any loss suffered by the management corporation or any subsidiary proprietor as a result of the contravention; or
(b)
the management corporation or any subsidiary proprietor may recover from the owner developer, as damages for breach of statutory duty, any loss suffered by it or him,
unless —
(i)
the contravention occurred without the knowledge of the owner developer;
(ii)
the owner developer was not in a position to influence the conduct of the management corporation in relation to the contravention; and
(iii)
the owner developer, being in such a position, used all due diligence to prevent the contravention.
[LT(S)A, s. 51]
Permitted alterations to common property during initial period
50.  A management corporation constituted in respect of any parcel comprised in a strata title plan may, during its initial period, carry out any alteration to or erection of any structure on common property as referred to in section 49(1)(b) if the management corporation is authorised to carry out that alteration or erection by a special resolution.
Commissioner’s power to authorise certain acts during initial period
51.
—(1)  The Commissioner may, on an application made by a management corporation, make an order authorising the doing of anything referred to in section 49(1)(a), (c), (d), (e), (f) or (g).
(2)  Notice of an application under subsection (1) shall be served, in accordance with any regulations made under this Act, on —
(a)
the subsidiary proprietor of every lot in the subdivided building concerned, unless he is the applicant;
(b)
the registered mortgagee of every such lot; and
(c)
such other persons as the Commissioner may direct.
(3)  The applicant and any person referred to in subsection (2) (whether or not he has been served with a notice of the application under subsection (1)) shall be entitled to be heard on the application.
(4)  The Commissioner shall not make an order under this section unless he is satisfied that the order will serve the interests of the subsidiary proprietors or those persons having equitable interests in the lots.
[LT(S)A, s. 52]
Appeal against Commissioner’s decision
52.
—(1)  Any person who is aggrieved with any decision of the Commissioner under section 51 may, at any time within the period specified in the notice, appeal to the Minister against the decision in the prescribed manner.
(2)  Unless otherwise provided, where an appeal is lodged under this section, the decision appealed against shall be complied with until the determination of the appeal.
(3)  The Minister may determine an appeal under this section by confirming, varying or cancelling the decision of the Commissioner under section 51.
(4)  The decision of the Minister in any appeal under this section shall be final.
[LT(S)A, s. 107]