On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 02/07/2010.
2. Section 84A of the Land Titles (Strata) Act (referred to in this Act as the principal Act) is amended —
(a)
by deleting the words “to a Board” in subsection (1);
(b)
by inserting, immediately after subsection (2), the following subsections:
“(2A) An application under subsection (1) for an order for the sale of all the lots and common property in a strata title plan —
(a)
must be made to a Board in the first instance; and
(b)
may be made to the High Court thereafter if, and only if, a section 84A stop order is issued by the Board under subsection (6A)(b) with respect to the application to that Board in respect of the same sale.
(2B) An application to the High Court under subsection (1) for an order for the sale of all the lots and common property in a strata title plan must be made within a period of 14 days after a section 84A stop order is issued by a Board under subsection (6A)(b) in relation to the same sale.”;
(c)
by inserting, immediately after the words “may be made” in subsection (3), the words “to a Board”;
(d)
by deleting subsection (4) and substituting the following subsections:
“(4) In the case of an application to a Board under subsection (1) for an order for the sale of all the lots and common property in a strata title plan, each of the following persons may file an objection to the sale, stating the grounds of objection, within a period of 21 days after the date of the notice served pursuant to paragraph 1(e) of the First Schedule or such longer period as the Board allows in exceptional circumstances, whether before or after the end of the 21 days:
(a)
a subsidiary proprietor of any lot in the strata title plan who has not agreed in writing to the sale; and
(b)
a mortgagee, chargee or other person (other than a lessee) with an estate or interest in land and whose interest is notified on the land-register for that lot.
(4A) Where a section 84A stop order is issued under subsection (6A)(b) in respect of an application to a Board under subsection (1) for an order for the sale of all the lots and common property in a strata title plan, and an application is then made to the High Court under subsection (1) for an order for the same sale of all the lots and common property in the same strata title plan, any person referred to in subsection (4)(a) or (b) who filed an objection to the Board (but no others) may re-file his objection to the sale, stating the same grounds of objection, to the High Court in the manner and within the time delimited by the Rules of Court.”;
(e)
by inserting, immediately after the words “an application made” in subsection (5)(a), the words “to it”;
(f)
by inserting, immediately after paragraph (a\) of subsection (5), the following paragraph:
“(aa)
to summon any person whom the Board is of the view is connected or otherwise related to the sale which is the subject of the application, to attend before the Board at the time and place specified in the summons and to produce such books, documents or other records in the person’s custody or control which the person is required by the summons to produce;”;
(g)
by inserting, immediately after the words “an application” in subsection (5)(c), the words “made to it”;
(h)
by inserting, immediately after subsection (5), the following subsection:
“(5A) Where an application is made under subsection (1) to the High Court in the circumstances described in subsection (2A)( b), the High Court shall, without prejudice to such other powers it may have under law, have power —
(a)
to summon any person whom the Court is of the view is connected or otherwise related to the sale which is the subject of the application, to attend before the Court at the time and place specified in the summons and to produce such books, documents or other records in the person’s custody or control which the person is required by the summons to produce;
(b)
to call for a valuation report or other report and to require the subsidiary proprietors referred to in subsection (1) to pay for the costs; and
(c)
to impose such conditions as it may think fair and reasonable in approving the application.”;
(i)
by inserting, immediately after the words “under subsection (1)” in subsection (6), the words “to a Board”;
(j)
by inserting, immediately after subsection (6), the following subsections:
“(6A) Where an application is made under subsection (1) to a Board, and one or more objections have been filed under subsection (4) in relation to that application —
(a)
the Board shall mediate matters that are in dispute between the objectors and the applicants to achieve a resolution of the dispute; and
(b)
if —
(i)
at the end of a period of 60 days starting from the first day set aside for mediation; or
(ii)
mediation has proceeded as far as it reasonably can in an attempt to achieve a resolution of the dispute but has nevertheless failed to resolve the dispute,
whichever first occurs, one or more of those objections are not withdrawn, the Board shall, subject to subsection (6B), order a discontinuance of all proceedings before it in connection with that application (referred to in this section as a section 84A stop order).
(6B) No section 84A stop order shall be made by a Board under subsection (6A)(b) with respect to an application made to it under subsection (1) unless —
(a)
the Board has, by notice served on every objector who filed an objection under subsection (4) in relation to that application and the authorised representatives of the applicants, informed the objector and authorised representatives of its intention to make a section 84A stop order; and
(b)
at the end of a period of 7 days after the notice under paragraph (a) is so served, one or more of those objections so filed are not withdrawn.”;
(k)
by deleting subsection (7) and substituting the following subsection:
“(7) Where one or more objections have been filed under subsection (4A) in respect of an application under subsection (1) to the High Court, the High Court shall, subject to subsection (9), approve the application and order that all the lots and common property in the strata title plan be sold unless, having regard to the objections, the High Court is satisfied that —
(a)
any objector, being a subsidiary proprietor, will incur a financial loss; or
(b)
the proceeds of sale for any lot to be received by any objector, being a subsidiary proprietor, mortgagee or chargee, are insufficient to redeem any mortgage or charge in respect of the lot.”;
(l)
by deleting the words “the Board” wherever they appear in subsections (7A), (7B) and (8)(a) and (c) and substituting in each case the words “the High Court”;
(m)
by deleting the words “subsection (4)” in subsection (7A) and substituting the words “subsection (4A)”;
(n)
by deleting the words “The Board” in subsections (9) and (12) and substituting in each case the words “The High Court or a Board”;
(o)
by deleting the words “the Board” in subsection (9)(a) and substituting the words “the High Court or Board, as the case may be,”;
(p)
by deleting the words “the Board” in subsection (9)(b) and substituting the words “the High Court”; and
(q)
by deleting subsections (10) and (11) and substituting the following subsections:
“(10) Where no objection has been filed under subsection (4) to a Board or under subsection (4A) to the High Court, the determination under subsection (9) shall be made by the High Court or the Board on the basis of the facts available to the High Court or Board, as the case may be.
(11) The High Court or a Board may make all such other orders and give such directions as may be necessary or expedient to give effect to any order made under subsection (6) or (7) for the sale of all the lots and common property in a strata title plan, including but not limited to a direction apportioning all reasonable costs and expenses incurred in connection with the sale that is the subject of an order under subsection (6) or (7) to be borne by all or any subsidiary proprietors of the lots in the strata title plan, whether or not they are objectors.
(11A) Any order or direction made by a Strata Titles Board before the date of commencement of section 2(q) of the Land Titles (Strata) (Amendment) Act 2010 apportioning among all or any subsidiary proprietors of the lots in a strata title plan or development, whether or not they are objectors, all reasonable costs and expenses incurred in connection with a sale that is the subject of an order under subsection (6) or (7) shall be deemed to have been validly made in accordance with subsection (11) as if subsection (11) had been in force on that date.”.