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Contents

Long Title

Part I PRELIMINARY

Part II APPOINTMENT OF OFFICERS

Part III MAINTENANCE OF BUILDINGS

Part IV DEALINGS IN STRATA SUBDIVIDED BUILDINGS

Part V MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS

Division 1 — Management by owner developer before management corporation constituted

Division 2 — Management corporations and common property

Division 3 — Councils

Division 4 — Subsidiary proprietors and occupiers

Division 5 — Managing agents

Division 6 — Insurance

Division 7 — Subsidiary management corporations and limited common property

Division 8 — Termination of strata scheme

Division 9 — Miscellaneous

Part VI DISPUTES AND STRATA TITLES BOARDS

Division 1 — Strata Titles Boards

Division 2 — Types of orders by Board

Division 3 — Miscellaneous

Part VII STAGED DEVELOPMENTS

Part VIII GENERAL

FIRST SCHEDULE General meetings of management corporations and subsidiary management corporations

SECOND SCHEDULE Proceedings of councils and executive committees

THIRD SCHEDULE Consequential amendments to Land Titles (Strata) Act (Chapter 158, 1999 Edition)

FOURTH SCHEDULE Transitional and savings provisions

FIFTH SCHEDULE Consequential amendments to other written laws

Legislative Source Key

Legislative History

Comparative Table

 
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On 25/10/2014, you requested the version in force on 25/10/2014 incorporating all amendments published on or before 25/10/2014. The closest version currently available is that of 29/09/2014.
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General power to make orders to settle disputes or rectify complaints, etc.
101.
—(1)  Subject to subsections (4), (6) and (7), a Board may, pursuant to an application by a management corporation or subsidiary management corporation, a subsidiary proprietor, mortgagee in possession, lessee or occupier of a lot in a subdivided building, make an order for the settlement of a dispute, or the rectification of a complaint, with respect to —
(a)
any defect in a lot, a subdivided building or its common property or limited common property;
(b)
the liability of a subsidiary proprietor to bear the costs of or any part thereof for any work carried out by a management corporation or subsidiary management corporation, as the case may be, in the exercise of its powers or performance of its duties or functions conferred or imposed by this Act or the by-laws relating to the subdivided building or limited common property, as the case may be; or
(c)
the exercise or performance of, or the failure to exercise or perform, a power, duty or function conferred or imposed by this Act or the by-laws relating to the subdivided building or limited common property, as the case may be.
(2)  An order under subsection (1) may be made on —
(a)
any person entitled to make an application under this section; or
(b)
the chairperson, secretary or treasurer of a management corporation or subsidiary management corporation, or its council or executive committee.
(3)  Any order made under subsection (1), except an order made with respect to the exercise or performance of, or the failure to exercise or perform, a power, duty or function conferred or imposed by this Act or the by-laws, may provide for the payment of damages not exceeding an amount that may be ordered by a District Court if the dispute had been the subject of civil proceedings in that Court.
(4)  For the purposes of this section, where a management corporation or subsidiary management corporation has a discretion as to whether or not to exercise or perform a power, duty or function conferred or imposed on it by this Act or the by-laws, it shall be deemed to have refused or failed to exercise or perform that power, duty or function only if it has decided not to exercise or perform that power, duty or function.
(5)  For the purposes of subsection (4), where an application is made to a management corporation or subsidiary management corporation to exercise a discretion referred to in that subsection, and the management corporation or subsidiary management corporation does not, before the expiration of 2 months after the making of the application —
(a)
exercise or perform a power, duty or function in accordance with the application; or
(b)
inform the applicant that it has decided not to exercise or perform that power, duty or function in accordance with the application,
the management corporation or subsidiary management corporation, as the case may be, shall be deemed to have decided not to exercise or perform that power, duty or function.
(6)  Nothing in subsection (1) shall empower a Board to make an order with respect to the exercise or performance of, or the failure to exercise or perform, a power, duty or function of a management corporation or subsidiary management corporation where that power, duty or function may, in accordance with any provision of this Act or the by-laws, only be exercised or performed pursuant to a unanimous resolution, a special resolution, a 90% resolution, a comprehensive resolution or a resolution by consensus.
(7)  An order in respect of any matter dealt with in any other section in this Part shall not be made under this section.
(8)  In any proceedings under this section with respect to any alleged defect in a lot or in any common property or limited common property situated immediately (whether wholly or partly) above another lot or any common property or limited common property, it shall be presumed, in the absence of proof to the contrary, that the defect is within that lot or common property or limited common property, as the case may be, above if there is any evidence of dampness, moisture or water penetration —
(a)
on the ceiling that forms part of the interior of the lot, common property or limited common property, as the case may be, immediately below; or
(b)
on any finishing material (including plaster, panel or gypsum board) attached, glued, laid or applied to the ceiling that forms part of the interior of the lot, common property or limited common property, as the case may be, immediately below.
[LT(S)A, s. 103]