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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 25/07/2014, you requested the version in force on 25/07/2014 incorporating all amendments published on or before 25/07/2014. The closest version currently available is that of 15/07/2010.
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FOURTH SCHEDULE
Transitional and Savings Provisions
Part I
Provisions Due to Repeal of
Buildings and Common Property
(Maintenance and Management) Act
Incumbent Commissioner of Buildings and other officers
1.  The person who, immediately before 1st April 2005, is —
(a)
the Commissioner of Buildings; or
(b)
an officer appointed under section 3(1) of the repealed Act,
shall continue to hold such office as if he were appointed under section 3(1) and (3) of this Act, respectively.
Notices and orders issued under repealed Act
2.—(1)  Any notice, order or other document prepared, issued or made by the Commissioner of Buildings under the repealed Act shall, so far as it is not inconsistent with the provisions of this Act, continue and be deemed to have been prepared, issued or made under the corresponding provisions of this Act.
(2)  Any maintenance charges approved by the Commissioner of Buildings under the repealed Act shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been approved under section 18 of this Act.
Pending notices, applications, etc.
3.—(1)  Any application, register or other document lodged for approval under the provisions of the repealed Act before 1st April 2005 and whose application was not approved before that date shall, where applicable, be deemed to be an application, a register or a document lodged for approval under the corresponding provisions of this Act.
(2)  Where anything has been commenced by or on behalf of the Commissioner of Buildings before 1st April 2005, such thing may be carried on and completed by or under the authority of the Commissioner under the corresponding provisions of this Act.
Pending appeals
4.  Where an appeal has been made to the Minister under section 6 or 12 of the repealed Act and the appeal has not been dealt with or disposed of immediately before 1st April 2005, the appeal may be dealt with in accordance with that repealed section as if this Act had not been enacted.
Existing maintenance funds and managing agents
5.—(1)  Every maintenance fund which was established by a developer under the repealed Act before 1st April 2005 in respect of any development shall continue and be deemed to be a maintenance fund established by the owner developer of the development under section 16(2) of this Act.
(2)  Nothing in this Act shall require any owner developer to dispose of any investments made before 1st April 2005 out of moneys in any maintenance fund continued by this paragraph.
(3)  Any person who, immediately before 1st April 2005, is a managing agent appointed by the Commissioner of Buildings under section 12 of the repealed Act shall continue as such managing agent as if he was appointed under section 19 of this Act.
Existing subsidiary legislation
6.  Any subsidiary legislation made under the repealed Act and in force immediately before 1st April 2005 shall, so far as it is not inconsistent with the provisions of this Act, continue in force as if made under this Act until it is revoked or repealed by subsidiary legislation made under this Act.
Part II
Provisions Due to Amendments to Land Titles (Strata) Act
Definitions
7.  In this Part, unless the context otherwise requires, “former provisions” means Part IV of the Land Titles (Strata) Act (Cap. 158) repealed by this Act.
Strata Titles Boards and its officers
8.  Every person who, immediately before 1st April 2005, held office as —
(a)
the President or a Deputy President of the Strata Titles Boards;
(b)
a member of the panel to the Strata Titles Boards constituted under section 87 of the Land Titles (Strata) Act (Cap. 158) repealed by this Act; or
(c)
a Registrar of the Strata Titles Boards,
shall continue in such respective office as if he were appointed under the corresponding provisions of this Act, and their respective appointments shall expire on the date they would have expired if Part VI of this Act had not been enacted.
Pending proceedings at Strata Titles Boards
9.  This Act shall not affect —
(a)
any proceeding commenced or pending before any Strata Titles Board before 1st April 2005, and every such proceeding may be continued and everything in relation thereto may be done in all respects after that date as if this Schedule had not been enacted;
(b)
the continued operation or force of any order or decision of any Strata Titles Board made before 1st April 2005; and
(c)
any right of appeal accrued before 1st April 2005 in respect of any such order or decision of a Strata Titles Board.
Continuation of existing management corporations
10.—(1)  A management corporation constituted in respect of a strata title plan under the former provisions shall continue and shall, on and from 1st April 2005, be deemed to be the management corporation constituted under this Act in respect of that strata title plan.
(2)  Subject to the provisions of this Part, any resolution, decision, consent or approval of or by any management corporation made or taken before 1st April 2005 under the former provisions shall be deemed to have been made or taken under the corresponding provisions of this Act.
Continuation of councils
11.—(1)  Any council constituted under the former provisions for a management corporation continued by the operation of paragraph 10 shall, subject to this Act, be, on and from 1st April 2005, the council of that management corporation.
(2)  A person who, immediately before 1st April 2005, is a member of a council referred to in sub-paragraph (1) shall continue in such respective office as if he were elected as a member of that council under the corresponding provisions of this Act.
(3)  Nothing in Division 3 of Part V of this Act shall require any person who, immediately before 1st April 2005, is holding office as a treasurer of a management corporation continued by the operation of paragraph 10 or its council for more than 2 consecutive terms to vacate his office on or after that date, but that person shall not be re-appointed to hold office as such treasurer at the next annual general meeting at which a new council is elected by the management corporation.
(4)  Nothing in Division 3 of Part V of this Act shall require any person who, immediately before 1st April 2005, is a member of a council referred to in sub-paragraph (1) and is an undischarged bankrupt to vacate his office on or after that date by reason only of such bankruptcy.
Pending general meetings and council meetings
12.  Any meeting of a management corporation continued by the operation of paragraph 10 or any council thereof, the notice of which has been given in accordance with the former provisions and before 1st April 2005, shall continue to be conducted and held in accordance with those former provisions as if this Act had not been enacted.
Management and sinking funds of continued management corporations
13.—(1)  Subject to sub-paragraph (4), where a determination made or a contribution levied under the former provisions by a management corporation continued by the operation of paragraph 10 was in force immediately before 1st April 2005, that determination or contribution, as the case may be, shall be deemed to have been made, taken or (as the case may be) levied by the management corporation under the corresponding provisions of this Act.
(2)  Any contribution levied under the former provisions by a management corporation continued by the operation of paragraph 10 and unpaid on 1st April 2005 may be recovered by the management corporation, and as and on and from 1st April 2005, shall bear interest as if it were a contribution levied under this Act.
(3)  Every management fund and sinking fund which, immediately before 1st April 2005, is kept under the former provisions by a management corporation continued by the operation of paragraph 10 shall continue and be deemed to be the management fund and sinking fund, respectively, required under section 38 of this Act to be established and maintained by that management corporation.
(4)  Notwithstanding anything in this paragraph, any resolution or any determination made under the former provisions by a management corporation continued by the operation of paragraph 10 shall, if inconsistent with section 2, be void to the extent of that inconsistency.
By-laws of continued management corporations
14.—(1)  Subject to this paragraph, every by-law that was made in respect of any parcel comprised in a strata title plan under the former provisions by a management corporation continued by the operation of paragraph 10 and that was in force immediately before 1st April 2005 shall continue in force and be deemed to have been made under section 32 or 33 of this Act.
(2)  Subject to sub-paragraph (3), the by-laws in force for any parcel comprised in a strata title plan in respect of which a management corporation continued by the operation of paragraph 10 is constituted shall be the following by-laws in force immediately before 1st April 2005:
(a)
the by-laws set out in the First Schedule to the Land Titles (Strata) Act (Cap. 158) repealed by this Act; and
(b)
any additional by-laws or any amendments or repeals relating to those by-laws, made by the management corporation and lodged with the Commissioner of Buildings in accordance with section 41 of the Land Titles (Strata) Act (Cap. 158) repealed by this Act.
(3)  The by-laws prescribed by regulations under this Act may apply to and be the by-laws for every parcel comprised in a strata title plan in respect of which a management corporation continued by the operation of paragraph 10 is constituted if the management corporation, by special resolution, adopts the by-laws prescribed by regulations under this Act in substitution for the by-laws set out in the First Schedule of the Land Titles (Strata) Act repealed by this Act.
(4)  Where, immediately before 1st April 2005, a subsidiary proprietor of a lot was entitled, pursuant to former section 41 of the Land Titles (Strata) Act repealed by this Act, to a right of exclusive use and enjoyment of, or special privileges in respect of, any common property, the subsidiary proprietor for the time being of the lot shall continue to be entitled to that right or those special privileges in accordance with the terms of the by-law, and any such by-law shall be terminable on reasonable notice unless the management corporation otherwise resolves by unanimous resolution.
(5)  Any by-law made under the former provisions by a management corporation continued by the operation of paragraph 10 shall, if inconsistent with section 2, be void to the extent of that inconsistency.
Former initial period
15.—(1)  Where the former initial period of a management corporation continued by the operation of paragraph 10 is current immediately before 1st April 2005, section 49 of this Act shall not apply to the management corporation, and the former initial period shall —
(a)
continue to run from the date or event from which it was running immediately before 1st April 2005; and
(b)
expire (subject to any former provisions for its extension) whenever it would have expired if this Act had not been enacted,
and any rights, obligations, restrictions, powers or duties that, under those former provisions, are dependent on the beginning, duration or end of that former initial period shall continue as if this Act had not been enacted.
(2)  In sub-paragraph (1), “former initial period” means the initial period referred to in section 51 of the Land Titles (Strata) Act repealed by this Act.
Existing proxies
16.  Any appointment of a person as a proxy of another person under the Third Schedule to the Land Titles (Strata) Act repealed by this Act, being an appointment in force immediately before 1st April 2005, shall be deemed to be an instrument of proxy made under the provisions of this Act.
Commissioner’s previous notices and orders, etc.
17.—(1)  Any schedule of strata units accepted or deemed accepted by the Commissioner of Buildings under section 7 of the Land Titles (Strata) Act (Cap. 158) repealed by this Act shall be deemed to have been accepted by the Commissioner under section 11 of this Act.
(2)  Any approval, notice, order, permission, acceptance or other document prepared, made, granted or approved by the Commissioner of Buildings under the provisions of the Land Titles (Strata) Act repealed by this Act shall, so far as it is not inconsistent with the provisions of this Act, continue and be deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act.
References in other written laws
18.  Any written law or document referring to the former provisions shall, as far as may be necessary for preserving its effect, be construed as referring or as including a reference to the corresponding provisions in this Act.