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Contents

Long Title

Part I PRELIMINARY

Part II MANAGEMENT OF HOUSING ESTATES

Part III MISCELLANEOUS PROVISIONS

FIRST SCHEDULE Description of Land

SECOND SCHEDULE By-laws

THIRD SCHEDULE Proceedings of Management Committees of Bodies Corporate

FOURTH SCHEDULE General Meetings of A Body Corporate

Legislative History

 
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On 16/09/2014, you requested the version in force on 16/09/2014 incorporating all amendments published on or before 16/09/2014. The closest version currently available is that of 07/09/2012.
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Duties of a body corporate
13.
—(1)  A body corporate shall, for the purposes of the housing estate concerned, —
(a)
control, manage and administer the common property for the benefit of the owners of flats in that estate;
(b)
properly maintain and keep in a state of good and serviceable repair —
(i)
the common property; and
(ii)
any personal property vested in the body corporate;
(c)
where necessary, renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the body corporate;
(d)
where directed by a special resolution and after having obtained the consent in writing of the Board, install or provide additional facilities or make improvements to the common property for the benefit of the owners of flats in the estate;
(e)
effect insurance for the purposes of the housing estate;
(f)
comply with any notice or order made by any competent, public or statutory authority requiring the abatement of any nuisance on the common property or ordering repairs or other work to be done in respect of the common property or any building or other improvement on the housing estate;
(g)
comply with any such notice or order as is referred to in paragraph (f) given or made in respect of any flat if the owner thereof fails to do so within a reasonable time;
(h)
cause proper records to be kept of notices given to the body corporate under this Act or any other written law or of any orders made by a court and served on the body corporate;
(i)
cause proper books of account to be kept in respect of moneys received or expended by the body corporate showing the items in respect of which the moneys were received or expended;
(j)
cause to be prepared, from the books referred to in paragraph (i), a proper statement of accounts of the body corporate in respect of each period commencing on the date of incorporation of the body corporate or the date up to which the last previous statement of accounts was prepared and ending on a date not earlier than one month before each annual general meeting;
(k)
convene annual general meetings in accordance with this Act;
(l)
from time to time determine in general meeting the amounts necessary in its opinion to be raised by way of contributions for the purpose of meeting its actual or expected liabilities incurred or to be incurred for the purposes referred to in this subsection or for any other expenditure of the body corporate;
(m)
from time to time determine in general meeting the amounts necessary in its opinion to be raised by way of contributions for the purpose of meeting its actual or expected liabilities for —
(i)
the painting or repainting of any part of the common property which is a building or other structure;
(ii)
the renewal or replacement of any electrical and mechanical installations or fittings existing for common use or purposes;
(iii)
major repairs and improvements to and maintenance of the common property and boundary walls; and
(iv)
any other expenditure approved by the body corporate in general meeting;
(n)
upon determining the amounts referred to in paragraph (l), establish a management fund into which shall be paid those amounts, the proceeds of the sale or other disposal of any personal property of the body corporate and any other income received by it and any amount paid to the body corporate by way of discharge of insurance claims;
(o)
upon determining the amounts referred to in paragraph (m), establish a sinking fund into which shall be paid those amounts and any amount paid to the body corporate by way of discharge of insurance claims unless the latter amount has been paid into the management fund;
(p)
from time to time levy, in accordance with section 8, on each person liable therefor a contribution to raise the amounts referred to in paragraphs (l) and (m);
(q)
if the body corporate —
(i)
becomes liable to pay any moneys that it is unable to pay forthwith; and
(ii)
is not required, under paragraph (p), to levy contributions to meet the liability,
forthwith levy, in accordance with section 8, contributions to raise those moneys;
(qa)
before a transfer and strata title application under section 126(1) of the Land Titles (Strata) Act (Cap. 158) in relation to the housing estate is lodged, convene one or more general meetings of the owners of all the flats in the buildings erected in the housing estate —
(i)
to discuss the premium that is payable by the Board to the State for enhancing the Board’s estate or interest in the housing estate which is to be the subject of the transfer;
(ii)
to determine, by special resolution, the apportionment of that premium among the respective owners of every flat in the housing estate or the amount of contributions payable by each of the owners in respect of their respective flats, or both; and
(iii)
if such determination under sub-paragraph (ii) is made, to levy in accordance with section 8, contributions to raise those moneys to pay the Board that premium; and
(r)
implement the decisions of the body corporate.
(2)  A body corporate shall not disburse any moneys —
(a)
from its management fund, otherwise than for the purpose of meeting its liabilities referred to in subsection (1)(l) or (m);
(b)
from its sinking fund, otherwise than for the purpose of meeting its liabilities referred to in subsection (1)(m); and
(c)
from its management fund or sinking fund otherwise than for the purpose of carrying out its powers, authorities, duties and functions under this Act or the by-laws.
(3)  A determination made by a body corporate under subsection (1)(l) or (m) may specify that the amounts to be raised for the purposes referred to in those paragraphs shall be raised by such regular periodic contributions as may be specified in the determination.
(4)  Before the lodgment of any transfer and strata title application under section 126(1) of the Land Titles (Strata) Act in relation to a housing estate, the Board shall, by notice in writing to the body corporate of the housing estate, demand the payment of —
(a)
an amount that is not less than the premium that is payable by the Board to the State for enhancing the Board’s estate or interest in the housing estate which is to be the subject of the transfer; and
(b)
the amount of such expenditure as may be reasonably incurred by the Board in connection with enhancing the Board’s estate or interest in the housing estate which is to be the subject of the transfer, including but not limited to any stamp duty and valuation fees.
(5)  Upon receipt of any written notice under subsection (4), the body corporate of the housing estate concerned shall, within 30 days after receiving the written notice or within such longer period (not ending on or after the lodgment of any transfer and strata title application under section 126(1) of the Land Titles (Strata) Act in relation to that housing estate) as the Board may allow, pay to the Board the amounts specified in that notice.
(6)  If the amounts specified in the written notice under subsection (4) or any part thereof is not paid by the body corporate of the housing estate concerned within the time delimited in subsection (5), the body corporate shall be liable to pay interest in accordance with the rate specified by the Minister, such interest, if unpaid, to constitute a debt due to the Board and recoverable as such.
(7)  Where the Board is paid any amount from the body corporate of a housing estate pursuant to a written notice under subsection (4), any reference in section 126A(2)(a), (3), (4) or (5) of the Land Titles (Strata) Act to the cost of any estate or interest in land that the management corporation for the housing estate shall be liable to pay to the Board shall be a reference to such cost less any amount so paid to the Board by the body corporate of that housing estate.