On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 07/09/2012.
9.
—(1) Where —
(a)
any contribution is levied under section 8; or
(b)
an amount is recoverable by the body corporate from the owner of a flat pursuant to section 11,
and such contribution or amount remains unpaid on the expiry of a period of 30 days after the body corporate has sent a written demand for the contribution or amount, that contribution or amount including any interest thereon (if any) shall constitute a charge on the flat in favour of the body corporate upon lodgment of an instrument of charge by the body corporate with and the registration thereof by the Registrar.
(2) Upon registration of the instrument of charge by the Registrar —
(a)
the body corporate shall, subject to subsection (3), have the power of sale and all other powers relating or incidental thereto as if the body corporate is a registered mortgagee; and
(b)
the amount of contribution due (including any interest thereon) shall be subject to all statutory rights and charges of any public authority over the flat and to all encumbrances registered or notified prior to the date of lodgment of the instrument of charge and to all moneys owing by the owner of the flat to the Board.
(3) The body corporate shall not proceed under subsection (2)(a) to sell the flat unless —
(a)
the body corporate passes a special resolution at a general meeting to exercise its power of sale;
(b)
a notice of the intended sale has been published once in one or more daily newspapers as approved by the Registrar;
(c)
a notice of the intended sale has been given to the Board;
(d)
during the period of 6 weeks after the date of such publication no payment has been received for the contribution or amount including interest thereon due and the cost of publishing the notice referred to in paragraph (b) as well as any other necessary incidental charges; and
(e)
there is no legal action pending in court to restrain the body corporate from proceeding with the sale.
(4) Where an assignment or other assurance of a flat has been executed by the body corporate in the exercise of its power of sale as a chargee pursuant to subsections (2) and (3) and lodged with the Registrar for registration —
(a)
such assignment or assurance shall not be accepted for registration unless there has been lodged with the Registrar —
(i)
a certified true copy of the special resolution of the body corporate authorising the exercise of its power of sale with the seal of the body corporate affixed thereto in the presence of two members of the committee of the body corporate;
(ii)
a copy of each publication containing the notice referred to in subsection (3)(b);
(iii)
a copy of the notice referred to in subsection (3)(c);
(iv)
a statutory declaration made by the members of the committee of the body corporate referred to in sub-paragraph (i) jointly stating that the contribution and interest due thereon including all necessary incidental charges have not been paid and that there is no legal action pending in court to restrain the body corporate from proceeding with the sale of the flat; and
(v)
if the purchaser is a foreign person within the meaning of the Residential Property Act [Cap. 274], a copy of the written approval given by the Controller of Residential Property to the purchaser to buy the flat; and
(b)
neither the purchaser of the flat from the body corporate nor the Registrar shall be concerned to inquire into the regularity or validity of the sale or transfer.
(5) Where the body corporate has wrongfully or otherwise exercised its power of sale in contravention of this section, every member of the committee of the body corporate present when the special resolution was passed or in whose presence the seal of the body corporate was affixed to the certified true copy of the special resolution passed and lodged with the transfer pursuant to subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.
(6) Where an instrument of charge has been registered against a flat under this section, the owner of the flat shall, upon payment of the amount of the contribution or amount due including interest thereon and any necessary incidental charges, be entitled to an instrument of discharge executed and acknowledged by the body corporate as to the receipt of such payment, and upon registration of such instrument of discharge, or in the event of the body corporate refusing to execute a discharge, an order of court declaring that the flat shall be discharged from the charge, the flat shall be freed from the charge constituted under this section.
(7) For the purpose of the registration of a charge, discharge or transfer under this section, the Registrar may dispense with the production of the relevant duplicate instrument of lease.
(8) This section shall not affect the rights and powers conferred on the body corporate by sections 8 and 11 to recover the contribution or any amount due and interest thereon including any legal costs and incidental charges necessarily incurred for the recovery of such contribution or amount in respect of any flat as a civil debt from the owner of, or his successor in title to, the flat.
(9) In this section, “public authority” means the Government, the Collector of Land Revenue, the Comptroller of Property Tax, and any other person, corporation or body, authorised or empowered by any written law to attach, sell or acquire land compulsorily.