On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 31/07/2008.
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]