On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 01/03/2012.
PART V
VARIATION OR TERMINATION OF STRATA SUBDIVISION SCHEME
Variation of strata subdivision scheme consequent upon damage to or destruction of subdivided building
77.
—(1) Where all of the land and buildings comprised in a strata title plan is the subject of a declaration under section 5 of the Land Acquisition Act (Cap. 152), or any building comprised in a strata title plan is damaged or destroyed —
(a)
any subsidiary proprietor of a lot in the subdivided building;
(b)
where such a lot is subject to a mortgage or charge — the mortgagee or chargee; or
(c)
the management corporation,
may make an application to the court for an order under subsection (4).
[47/2004]
(2) Notice of an application under subsection (1) shall be served, in accordance with the Rules of Court (Cap. 322, R 5), on —
(a)
every person referred to in subsection (1), other than the applicant;
(b)
the Commissioner;
(c)
the Registrar;
(d)
any person having a reversionary estate or interest in a lot in the subdivided building concerned; and
(e)
such other persons as the court 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) shall be entitled to appear and be heard on the hearing of the application.
(4) The court may, on an application made under subsection (1) (except in relation to land and buildings the subject of a declaration under section 5 of the Land Acquisition Act (Cap. 152)), make an order to settle a scheme for the reinstatement or continued use of the subdivided building in whole or in part.
[47/2004]
(5) An order made under subsection (4) shall take effect on such day as may be specified in the order.
(6) Without limiting the generality of subsection (4), an order made under that subsection may include directions for or with respect to any one or more of the following matters:
(a)
the substitution for the existing schedule of strata units of a new schedule of strata units;
(b)
the reinstatement in whole or in part of the building;
(c)
the transfer or vesting of the interests of subsidiary proprietors of lots which have been wholly or partly destroyed to or in the management corporation free from mortgages and charges;
(d)
the application of any insurance moneys received by the management corporation in respect of the damage to or destruction of the subdivided building;
(e)
the payment of moneys to or by the management corporation or the subsidiary proprietors or any one or more of them; and
(f)
any matter in respect of which it is, in the opinion of the court, just and equitable, in the circumstances of the case, to make provision in the order.
(7) An order made under subsection (4) shall have effect according to its tenor.
(8) Where the court is of the opinion that an order should not be made under subsection (4), it may, upon application made by any person entitled to appear and be heard on the hearing of the application made under subsection (1) or of its own motion, direct that the application be treated as an application for an order under section 78.
(9) Where the court makes a direction under subsection (8) —
(a)
the application, the subject of the direction, shall be deemed to be made under section 78 by a person entitled to make the application; and
(b)
the applicant under subsection (1), as well as any other person entitled to appear and be heard under section 78, is entitled to appear and be heard on the hearing of the application.
(10) The court may, from time to time, vary any order made under subsection (4) on the application of any person entitled to appear and be heard on the hearing of the application for that order.
[16/87]
78.
—(1) An application to the court for an order for the termination of the strata subdivision of a subdivided building and the cancellation of the strata title plan registered under this Act may be made by —
(a)
any subsidiary proprietor of a lot in the subdivided building;
(b)
where such a lot is subject to a mortgage or a charge — the mortgagee or chargee; or
(c)
the management corporation.
(1A) The court on being satisfied that it is just and equitable that the strata subdivision of a subdivided building be terminated may make an order to that effect after having considered —
(a)
the scheme and intent of this Act;
(b)
the probability of unfairness to one or more subsidiary proprietors if termination of subdivision is not ordered; and
(c)
the rights and interests of the subsidiary proprietors as a whole.
[16/87]
(2) Notice of an application under subsection (1) shall be served, in accordance with the Rules of Court (Cap. 322, R 5), on —
(a)
every person referred to in subsection (1), other than the applicant;
(b)
the Commissioner;
(c)
the Registrar;
(d)
any person having a reversionary estate or interest in a lot in the subdivided building; and
(e)
such other persons (including creditors of the management corporation) as the court 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) shall be entitled to appear and be heard on the hearing of the application.
(4) An order made under subsection (1) shall take effect on such day as may be specified in the order.
(5) An order made under subsection (1) shall include directions for or with respect to the following matters:
(a)
the sale or disposition of any property of the management corporation;
(b)
the discharge of the liabilities of the management corporation;
(c)
the persons liable to contribute moneys required for the discharge of the liabilities of the management corporation and the proportionate liability of each such person;
(d)
the distribution of the assets of the management corporation and the proportionate entitlement of each person under that distribution;
(e)
the administration, powers, duties and functions of the management corporation;
(f)
the voting power at meetings of the management corporation of persons referred to in paragraph (c) or (d);
(g)
any matter in respect of which it is, in the opinion of the court, just and equitable, in the circumstances of the case, to make provision in the order; and
(h)
the winding up of the management corporation (including the appointment, powers, duties and functions of any person to carry out the winding up).
(6) Upon an order under this section taking effect —
(a)
the persons, who immediately before the order took effect, were subsidiary proprietors of the lots the subject of the strata title plan concerned shall cease to be subsidiary proprietors of those lots and shall be entitled to the parcel as tenants-in-common in the shares proportional to their respective share values and for the same term and tenure as their respective lots were held by them prior to the date the order took effect;
(b)
any subsisting encumbrance registered against any of the lots referred to in paragraph (a) shall be an encumbrance on the share of the subsidiary proprietor concerned in the registered land comprising the parcel, and a memorial or notification of the encumbrance entered in the volume and folio of the land comprising the registered land shall bear the same date as the date of registration of that encumbrance against the lot;
(c)
all statutory easements implied under this Act shall cease to affect the registered land comprising the parcel or any part thereof; and
(d)
the former subsidiary proprietors shall have the power to transfer their interests and estates in the parcel or any part thereof.
(7) The provisions of an order made under this section shall have effect notwithstanding any provision of this Act, other than this section.
(8) An order made under subsection (1) shall have effect according to its tenor.
(9) Where the court is of the opinion that an order should not be made under subsection (1), it may, upon application made by any person entitled to appear and be heard on the hearing of the application made under subsection (1) or of its own motion, direct that the application be treated as an application for an order under section 77.
(9A) Where the court makes a direction under subsection (9) —
(a)
the application the subject of the direction shall be deemed to be an application made under section 77 by a person entitled to make the application; and
(b)
the applicant under subsection (1), as well as any other person entitled to appear and be heard under section 77, is entitled to appear and be heard on the hearing of the application.
(10) The court may, from time to time, vary any order made under subsection (1) on the application of any person who was entitled to appear and be heard on the hearing of the application for that order.
[16/87]
(11) No application shall be made under this section where the only reason for the application by the subsidiary proprietors for the sale of all the lots and common property in a strata title plan is that they —
(a)
have not been able to satisfy the requirement under section 84A(1) or 84FA(2);
[Act 2 of 2012 wef 01/03/2012]
(b)
have been able to satisfy the requirement under section 84A(1) or 84FA(2) but have not made an application to a Board under section 84A(1) or 84FA(2); or
[Act 2 of 2012 wef 01/03/2012]
(c)
have been able to satisfy the requirement under section 84A(1) or 84FA(2) but their application for an order under section 84A or 84FA has been refused by a Board.
[21/99]
[Act 2 of 2012 wef 01/03/2012]
79. Any notice served under section 77 or 78 shall, where it relates to an application which is required to be treated as an application under another of those sections, be deemed to be a notice served under that other section.
[16/87]
Consequences of making order under section 77 or 78
80.
—(1) Upon receipt of a certified copy of an order made under section 77 or 78, the Registrar shall make appropriate entries in the subsidiary strata land-register of the effect of the order.
[16/87; 42/2005]
(2) Where, pursuant to the receipt of a certified copy of an order made under section 78, the Registrar has made entries in accordance with subsection (1), the Registrar shall, as soon as practicable after making the entries, cancel each folio of the subsidiary strata land-register which evidences title to a lot the subject of the strata title plan.
[16/87; 42/2005]
81.
—(1) This section shall apply where a management corporation has, in accordance with section 84 of the Building Maintenance and Strata Management Act (Cap. 30C), resolved to terminate the strata subdivision of the building.
[47/2004]
(2) A management corporation shall —
(a)
within 14 days after the passing of a resolution referred to in subsection (1), give notice of the resolution in one or more newspapers circulating in Singapore; and
(b)
within 30 days after the passing of the resolution, lodge an application with the Registrar to terminate the strata subdivision.
[42/2005]
(3) If a management corporation fails to comply with subsection (2), the management corporation and every officer of the management corporation who is in default shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
(4) Upon registration of an application under subsection (2)(b) to terminate the strata subdivision, the Registrar shall cancel the relevant folios of the subsidiary strata land-register and enter a notification of the cancellation of the strata subdivision of the building and a memorial of the vesting of the parcel in the subsidiary proprietors as tenants-in-common in the relevant folio of the land-register comprising the parcel.
[42/2005]
(5) Upon the entry of that memorial —
(a)
each subsidiary proprietor shall cease to be a subsidiary proprietor of the lot, and shall be entitled to the parcel as a tenant-in-common with the other subsidiary proprietors in the shares proportional to his share value and for the same term and tenure held by him in respect of his lot;
(b)
any subsisting encumbrance registered against a lot shall be an encumbrance on the share of the subsidiary proprietor concerned in the registered land comprising the parcel, and a memorial or notification of the encumbrance entered in the volume and folio of the land-register comprising that registered land shall bear the same date as the date of registration of that encumbrance against his lot; and
(c)
all statutory easements implied under this Act shall cease to affect the registered land comprising the parcel or any part thereof.
(6) The former subsidiary proprietors may by 90% resolution direct the management corporation to transfer the parcel or any part thereof.
[46/2007]
(7) The management corporation, if it is satisfied that the resolution was duly passed and that all persons having registered interests in the parcel have consented in writing to the release of their respective interests in the registered land comprising the parcel or any part thereof, intended to be transferred, shall execute the appropriate transfer.
(7A) The transfer under subsection (7) shall be valid and effective without execution by any person having a registered interest in the parcel, and the receipt of the management corporation for any moneys payable to the management corporation under the transfer shall be a sufficient discharge, and shall exonerate the person taking under the transfer from seeing to the application, or being answerable for any loss or misapplication, of the moneys expressed to have been so received.
(8) A transfer under subsection (7) shall not be accepted for registration unless accompanied by a certificate in the prescribed form under the seal of the management corporation that the resolution was duly passed and that all necessary consents were given, in favour of a purchaser of the parcel and in favour of the Registrar, and such a certificate shall be conclusive evidence of the facts stated therein.
(9) When registered land or any part thereof is transferred by a former subsidiary proprietor or the management corporation after an application under subsection (2)(b) to terminate the strata subdivision has been lodged with the Registrar —
(a)
the former subsidiary proprietor, if he is the transferor, shall surrender to the Registrar his duplicate subsidiary strata certificate of title relating to his lot;
(b)
the management corporation, if it is transferring the land on behalf of all the former subsidiary proprietors, shall surrender to the Registrar on behalf of all the former subsidiary proprietors their duplicate subsidiary strata certificates of title; and
(c)
the Registrar, on receipt of the duplicate subsidiary strata certificate or certificates of title comprising the lot or lots, as the case may be, shall cancel the relevant folios of the subsidiary strata land-register, and registration of the transfer shall be effected by the Registrar issuing a certificate of title for the undivided share in the registered land or for the whole of the registered land transferred to the transferee, as the case may be.
[46/2007]
(10) Notwithstanding the termination of a strata subdivision under this section, the relevant record of the subsidiary strata land-register may be used in evidence as a record of matters relating to the subdivision before its termination so long as the management corporation continues in existence.
(11) Where a transfer of the parcel made under subsection (7) has been lodged with and registered by the Registrar, the management corporation shall continue in existence for the purpose of winding up its affairs.
(12) Until a liquidator has been appointed by the management corporation for the purpose of carrying out the winding up of the management corporation, the council of the management corporation shall continue to perform the management corporation’s business for the purpose of winding up its affairs.
(13) On a management corporation being wound up —
(a)
every former subsidiary proprietor shall be liable to contribute to the assets of the management corporation to an amount sufficient for the payment of its debts and liabilities and the costs, charges and expenses of the winding up; and
(b)
the assets of the management corporation, if any, shall be distributed among the former subsidiary proprietors,
in the same proportion as the proportion of contributions which such former subsidiary proprietors would have been liable for in accordance with section 39(2) of the Building Maintenance and Strata Management Act (Cap. 30C).
[16/87; 47/2004; 42/2005]
82.
—(1) Where a management corporation resolves that the strata subdivision of a building be terminated, it shall immediately in general meeting appoint one or more liquidators for the purpose of winding up the affairs and distributing the assets of the management corporation and may fix the remuneration to be paid to him or them.
[16/87]
(2) Where a liquidator has not been appointed for a management corporation under this section, the court may, on the application of a former subsidiary proprietor, a former mortgagee or a creditor of the management corporation, appoint a liquidator for the management corporation.
(3) On the appointment of a liquidator all the powers of the council of the management corporation shall cease and the liquidator shall have the power to carry on the management corporation’s business for the purpose of winding up its affairs.
(4) The management corporation may in general meeting convened by any former subsidiary proprietor by special resolution of which special notice has been given to all the former subsidiary proprietors, former mortgagees, the creditors and the liquidators, remove any liquidator but no such resolution shall be effective to remove a liquidator if the court on the application of the liquidator or a creditor or a former mortgagee has ordered that the liquidator be not removed.
(5) If a vacancy occurs by death, resignation, removal or otherwise in the office of a liquidator the management corporation in general meeting shall immediately fill the vacancy by the appointment of a liquidator and fix the remuneration to be paid to him, and for that purpose a general meeting may be convened by any former subsidiary proprietor, or if there were more liquidators than one by the continuing liquidators.
(6) The meeting shall be held in the manner provided by this Act or in such manner as is on application by any former subsidiary proprietor or by the continuing liquidators determined by the court.
(7) The court may, on the application of a former subsidiary proprietor, a former mortgagee or the liquidator and on being satisfied that the affairs of the management corporation have been wound up, make an order that the liquidator be released and that the management corporation be dissolved and on the expiry of 3 months of the lodging of such order with the Registrar and the Commissioner, the management corporation shall be dissolved.
(8) Notwithstanding subsection (7), the court may, on the application of the liquidator or of any other person who appears to the court to be interested, make an order deferring the date at which the dissolution of the management corporation is to take effect for such time as the court thinks fit.
(9) The person on whose application an order of the court under this section is made shall, within 21 days after the making of the order, lodge with the Registrar and with the Commissioner a certified copy of the order, and if he fails to do so he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
[16/87; 46/2007]
83. No person shall be appointed as a liquidator of a management corporation unless he is an approved liquidator under the Companies Act (Cap. 50).
[16/87; 30/2008]
83A. Sections 81, 82 and 83 shall apply, with the necessary modifications, where a subsidiary management corporation has resolved to terminate its limited common property, in accordance with section 84 of the Building Maintenance and Strata Management Act (Cap. 30C).
[47/2004]
Interpretation of sections 81 and 82
84. In sections 81 and 82 —
“former mortgagee” means a person who, or a body which, immediately before the subdivision of a subdivided building is terminated under this Part, was the registered mortgagee of a lot, forming part of the subdivided building;
“former subsidiary proprietor” means a person who, or a body which, immediately before the subdivision of a subdivided building is terminated under this Part, was the subsidiary proprietor of a lot, forming part of the subdivided building.
[16/87]