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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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On 20/04/2014, you requested the version in force on 20/04/2014 incorporating all amendments published on or before 20/04/2014. The closest version currently available is that of 15/07/2010.
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Division 5 — Managing agents
Appointment of managing agent of management corporation
66.
—(1)  Subject to subsection (3), a managing agent for a management corporation may be appointed —
(a)
by the management corporation by ordinary resolution; or
(b)
by the council of the management corporation without a general meeting if duly authorised to do so by the subsidiary proprietors at the last preceding general meeting of the management corporation.
(2)  Any managing agent appointed under subsection (1) by a management corporation shall hold office until —
(a)
the conclusion of the third annual general meeting of the management corporation after his appointment;
(b)
the expiry of the term of his appointment; or
(c)
the termination of his appointment in accordance with this section,
whichever first occurs.
(3)  The fees and expenses of a managing agent shall be fixed —
(a)
where the managing agent is appointed under subsection (1)(a), by the management corporation at a general meeting or, if so authorised by the subsidiary proprietors at the last preceding general meeting, by the council of the management corporation; or
(b)
where the managing agent is appointed under subsection (1)(b), by the council of the management corporation without a general meeting.
[47/2007]
(4)  A managing agent who is in any way, directly or indirectly, related to a subsidiary proprietor of a lot in the subdivided building concerned shall declare in writing the nature of his relationship prior to his appointment.
(5)  A managing agent who retires from office shall be eligible for reappointment.
(6)  A management corporation may terminate the appointment of its managing agent under this section at any time in accordance with the terms of the appointment —
(a)
if authorised by ordinary resolution at a general meeting; or
(b)
without a general meeting if authorised by its subsidiary proprietors at the last preceding general meeting.
[LT(S)A, s. 68]
Delegated duty and liability of managing agent
67.
—(1)  Subject to subsection (2), a management corporation may, by instrument in writing, delegate to its managing agent appointed under section 66(1) —
(a)
all of its powers, duties and functions;
(b)
any one or more of its powers, duties and functions specified in the instrument; or
(c)
all of its powers, duties and functions except those specified in the instrument.
(2)  A management corporation shall not under this section delegate to a managing agent its power to make —
(a)
a delegation under this section;
(b)
a decision on any matter which may, in accordance with any provision of this Act or the by-laws, only be made by the management corporation pursuant to a unanimous resolution, a special resolution, a 90% resolution, a resolution by consensus or at a general meeting of the management corporation; or
(c)
a decision on any matter referred to in section 59 and specified in a resolution of that management corporation passed for the purposes of that section.
(3)  Where an ordinary resolution of the management corporation so provides, a managing agent shall have and may exercise the powers and perform all the duties and functions of the chairperson, secretary or treasurer or the council of the management corporation or such of those powers, duties and functions as may be specified in the resolution.
(4)  A power, duty or function, the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the delegation.
(5)  A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of all or any of the powers, duties or functions, or as to time or circumstances, as may be specified in the instrument of delegation.
(6)  Notwithstanding any delegation made under this section, a management corporation or, in the case of a delegation under subsection (3), the chairperson, secretary or treasurer or the council of the management corporation may continue to exercise or perform all or any of the delegated powers, duties or functions.
(7)  Any act or thing done or suffered by a managing agent while acting in the exercise of a delegation under subsection (1) shall —
(a)
have the same force and effect as if it had been done or suffered by the management corporation; and
(b)
be deemed to have been done or suffered by the management corporation.
(8)  Any act or thing done or suffered by a managing agent while acting in the exercise of a delegation under subsection (3) shall —
(a)
have the same force and effect as if it had been done or suffered by the chairperson, secretary, treasurer or council of the management corporation, as the case may be; and
(b)
be deemed to have been done or suffered by the chairperson, secretary, treasurer or council of the management corporation, as the case may be.
(9)  Where —
(a)
a contravention by a management corporation of a provision of this Act or any written law that imposes a duty on the management corporation is an offence under this Act or that other written law; and
(b)
the performance of the duty has been delegated to a managing agent,
the provision shall, while the delegation remains in force, be construed as if a reference therein to the management corporation were a reference to the managing agent.
[LT(S)A, ss. 68, 69]
Prohibited activity for managing agent
68.
—(1)  Subject to this Act, no managing agent shall, whether personally or in the person of his employee or agent —
(a)
by word, message, writing or in any other manner endeavour to persuade any person to give, or to dissuade any person from giving, his vote (by proxy or in person) in any particular way at any election of members of the council of a management corporation or executive committee of a subsidiary management corporation;
(b)
visit any person entitled to vote at that election at his home or place of work for the purposes of any candidate’s election at that election; or
(c)
conduct any other activity for the purposes of any candidate’s election at that election.
(2)  A vote by a proxy who is a managing agent shall be invalid if it would obtain or assist in obtaining a pecuniary interest for, or confer or assist in conferring any other material benefit on the proxy.
(3)  Any managing agent who contravenes subsection (1) shall be guilty of an offence.
(4)  In this section, unless the context otherwise requires —
“for the purposes of any candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at an election of members of the council of a management corporation or (as the case may be) the executive committee of a subsidiary management corporation, and includes prejudicing the electoral prospects of another candidate at that election;
“material benefit” includes, but shall not be limited to, the following:
(a)
an extension of the term or an additional term of appointment of the proxy as managing agent;
(b)
an increase in the remuneration of the proxy;
(c)
a decision of the management corporation not to proceed with, to withdraw, to delay, to compromise or to settle litigation or other legal proceedings relating to the proxy; or
(d)
any other decision of the management corporation that affects litigation or other legal proceedings relating to the proxy.
[47/2007]