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.
33.
—(1) Without prejudice to section 32, with the written consent of the subsidiary proprietor of the lot concerned, a management corporation may make a by-law —
(a)
pursuant to an ordinary resolution, conferring on the subsidiary proprietor of a lot specified in the by-law, or on the subsidiary proprietors of the several lots so specified, for a period not exceeding one year —
(i)
the exclusive use and enjoyment of; or
(ii)
special privileges in respect of,
the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by-law;
(b)
pursuant to a special resolution, conferring on the subsidiary proprietor of a lot specified in the by-law, or on the subsidiary proprietors of the several lots so specified, for a period which exceeds one year but does not exceed 3 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 3 years —
(i)
the exclusive use and enjoyment of; or
(ii)
special privileges in respect of,
the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by-law;
(c)
pursuant to a 90% resolution, conferring on the subsidiary proprietor of a lot specified in the by-law, or on the subsidiary proprietors of the several lots so specified, for a period which exceeds 3 years —
(i)
the exclusive use and enjoyment of; or
(ii)
special privileges in respect of,
the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by-law; or
(d)
amending, adding to or repealing a by-law made in accordance with paragraph (a), (b) or (c), as the case may be.
(2) A by-law referred to in subsection (1) shall either provide that —
(a)
the management corporation shall continue to be responsible to carry out its duties under section 29(1), at its own expense; or
(b)
the subsidiary proprietor or proprietors of the lot or lots concerned shall be responsible for, at the subsidiary proprietor’s or subsidiary proprietors’ expense, the performance of the duties of the management corporation referred to in paragraph (a),
and in the case of a by-law that confers rights or privileges on more than one subsidiary proprietor, any money payable by virtue of the by-law by the subsidiary proprietors concerned —
(i)
to the management corporation; or
(ii)
to any person for or towards the maintenance or upkeep of any common property,
shall, except to the extent that the by-law otherwise provides, be payable by the subsidiary proprietors concerned proportionately according to the relevant proportions of their respective share values.
(3) Any by-law referred to in subsection (1) shall, while it remains in force, enure as appurtenant to, and for the benefit of, and is binding upon, the subsidiary proprietor or subsidiary proprietors for the time being of the lot or lots specified in the by-law.
(4) To the extent to which such a by-law makes a subsidiary proprietor directly responsible for the duties of the management corporation referred to in subsection (2)(a), it discharges the management corporation from the performance of those duties.
(5) If a by-law does not provide as required by subsection (2)(a) or (b), the subsidiary proprietor or subsidiary proprietors shall be responsible at his or their own expense, for the duties of the management corporation referred to in subsection (2)(a).
(6) Any moneys payable by a subsidiary proprietor to the management corporation under a by-law referred to in subsection (1) may be recovered as a debt by the management corporation in any court of competent jurisdiction.
(7) A by-law made pursuant to subsection (1) —
(a)
need not identify or define the common property which is the subject of the grant of exclusive use and enjoyment or special privileges provided that the by-law prescribes a method of identifying or defining the common property; and
(b)
may authorise the transposition of an identified or defined area of the common property from one subsidiary proprietor of a lot to another subsidiary proprietor of a lot at any time and from time to time on receipt of written notice to the management corporation from both such subsidiary proprietors.
5(8) Notwithstanding any provision in this Act, the owner developer of a staged development on a parcel shall, when carrying out any warranted development or authorised proposal in respect thereof, be entitled to use any common property, limited common property or future development lot within that parcel —
(a)
to the extent necessary to carry out the development; or
(b)
to such other extent as may be specified in the staged development contract between the owner developer and any subsidiary proprietor of any lot comprised in the staged development, which may confer on the owner developer an exclusive (or any lesser) right to occupy the common property or limited common property.
5 No date has been appointed for the coming into operation of this subsection as at 1st July 2008.
6(9) Any right conferred by subsection (8) may be exercised notwithstanding any provision of the by-laws made under section 32 or this section, but shall be exercised in a manner that does not cause unreasonable inconvenience to any occupier of a lot.
[LT(S)A, s. 41]
6 No date has been appointed for the coming into operation of this subsection as at 1st July 2008.