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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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PART VI
DISPUTES AND STRATA TITLES BOARDS
Division 1 — Strata Titles Boards
Strata Titles Boards
89.
—(1)  There shall be one or more Strata Titles Boards to be presided over by a president or deputy president.
(2)  Unless otherwise provided by this Act or the Land Titles (Strata) Act (Cap. 158), a Board shall determine by mediation-arbitration every dispute of which it has cognizance and every matter with respect to which it has jurisdiction under this Act or that Act.
(3)  Except where otherwise provided by this Act or the Land Titles (Strata) Act, a Board shall, in relation to a dispute of which the Board has cognizance or any other matter with respect to which the Board has jurisdiction under this Act or that Act, be constituted by —
(a)
the president or a deputy president; and
(b)
2 or 4 members selected by the president for the purposes of the dispute or matter from the panel constituted under section 90(4).
(4)  Any party to a dispute of which a Board has cognizance or a matter with respect to which a Board has jurisdiction under this Act or the Land Titles (Strata) Act (Cap. 158) may, within the prescribed period and for any reasonable cause, object in writing to any member of the Board selected by the president under subsection (3)(b).
(5)  The Board shall be constituted —
(a)
upon the expiration of the prescribed period if the registrar appointed under section 99(1) does not earlier receive any objection under subsection (4);
(b)
if any objection received under subsection (4) is allowed by the president, upon the selection of another member by the president; or
(c)
if any objection received under subsection (4) is disallowed by the president, upon the decision to disallow the objection.
[LT(S)A, s. 86]
President, etc., and panel
90.
—(1)  The Minister shall appoint a president of the Boards.
(2)  The Minister may appoint such number of deputy presidents of the Boards as he may consider necessary.
[46/2007]
(3)  No person shall be appointed as the president or a deputy president of the Boards unless the person is a qualified person within the meaning of the Legal Profession Act (Cap. 161).
(4)  For the purpose of enabling the Boards to be constituted under this Part, the Minister shall appoint a panel consisting of such number of persons as he may consider necessary and shall publish their names in the Gazette.
[46/2007]
(5)  The president, a deputy president and any person appointed as a member of the panel constituted under subsection (4) shall, subject to subsection (6), be appointed for a term not exceeding 3 years, and shall be eligible for reappointment.
[46/2007]
(6)  The Minister may at any time terminate the appointment of the president or any deputy president or member of the panel constituted under subsection (4), and fill any vacancy in its membership.
[LT(S)A, ss. 86, 87]
Protection of Board members
91.  The president, a deputy president and a member of a Board shall, in the performance of his functions and duties under this Act or the Land Titles (Strata) Act (Cap. 158), have the same protection and immunity as a District Judge.
[LT(S)A, s. 89]
Proceedings of Board
92.
—(1)  Subject to the provisions of the Land Titles (Strata) Act, a Board shall, without delay after being constituted in respect of any dispute or matter with respect to which it has jurisdiction under this Act —
(a)
endeavour to mediate all matters that are in dispute and to bring about an agreement between the parties on those matters; and
(b)
if the Board is unable to do so at the end of a period (continuous or otherwise) of not more than 3 days of mediation, hear the parties to the dispute, arbitrate the matter and render a decision and make an order.
[13/2010 wef 15/07/2010]
(2)  Subject to the provisions of this Act or the Land Titles (Strata) Act, a Board shall determine the procedure for mediation-arbitration, but shall allow the parties to present evidence and make submissions to it.
(3)  Without prejudice to subsection (2), a Board shall —
(a)
for the purposes of the mediation referred to in subsection (1)(a), ensure that any agreement arrived at between the parties in settlement of the dispute or matter is in appropriate contractual language so as to allow its subsequent enforcement; and
(b)
for the purposes of the arbitration referred to in subsection (1)(b), act fairly and impartially and shall give each party an opportunity to present its case.
(4)  For the purposes of arbitration under subsection (1)(b), a Board shall have powers to make orders or give directions to any party for —
(a)
security for costs;
(b)
discovery of documents and interrogatories;
(c)
giving of evidence by affidavit;
(d)
the preservation and interim custody of any evidence for the purposes of the proceedings;
(e)
samples to be taken from, or any observation to be made of or experiment conducted upon, any lot or common property or limited common property which is or forms part of the subject-matter of the dispute; and
(f)
the preservation or interim custody of any property which is or forms part of the subject-matter of the dispute.
(5)  For the avoidance of doubt, all testimony or record of proceedings or notes of a Board during its conduct of mediation in any dispute or matter of which it has cognizance may not be disclosed without the consent of the person who made them.
(6)  The Arbitration Act (Cap. 10) shall not apply to mediation-arbitration proceedings before a Board.
(7)  The arbitration proceedings of a Board shall be open to the public and minutes of a Board including a note of any oral evidence given before the Board shall be kept by the president of the Boards.
(8)  The arbitration proceedings of a Board shall be deemed to be judicial proceedings and the members of the Board shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).
(9)  A Board shall carry out its work expeditiously and shall make a final order or determination within 6 months from the date it is constituted or within such extension of time as may be granted by the Minister.
[LT(S)A, ss. 91, 93]
Continuation of hearing
93.
—(1)  Except as otherwise provided in subsection (3), where a Board has been constituted in relation to a dispute or matter and before a dispute or matter has been determined, the president or deputy president presiding or a member constituting the Board is unable to hear or continue to hear or to determine the dispute or matter or has ceased to be the president or a deputy president or member, as the case may be, whether by resignation, death or otherwise, the Board shall be reconstituted in accordance with section 89.
(2)  The Board as reconstituted shall hear and determine the dispute or matter or so much of the dispute or matter as has not been determined and in so hearing may have regard to the evidence given, the arguments adduced and any interim order made during the previous hearing.
(3)  Notwithstanding subsection (1), a president, a deputy president or a member of the panel whose appointment expires during the course of any proceedings of a Board of which he is then presiding or is a member shall, for the purpose of such proceedings and until their determination, be deemed to remain a president, deputy president or member of the Board, as the case may be.
[LT(S)A, ss. 87(3), 88]
Representation before Board
94.
—(1)  A party to any proceedings under this Act or the Land Titles (Strata) Act (Cap. 158) may appear before a Board or may be represented by an advocate and solicitor of the Supreme Court, or such other person as the Board may allow, who may examine witnesses and address the Board on behalf of the party.
(2)  A management corporation or subsidiary management corporation appearing before a Board may be represented by an advocate and solicitor of the Supreme Court, a member of the council of the management corporation or the executive committee of the subsidiary management corporation, or such other person as the Board may allow.
[LT(S)A, s. 110]
Board has no jurisdiction regarding title to land
95.  Notwithstanding any other provision of this Part, a Board shall not have jurisdiction under this Part in any case in which the title to land is in question otherwise than for the purpose of determining any matter before the Board, as the case may be, and any determination made by the Board shall not have any force or effect except as provided by this Act.
Witnesses may be summoned by Board
96.
—(1)  A Board may summon any person to attend before the Board at the time and place specified in the summons and then and there to give evidence and to produce books, documents or writings in his custody or control which he is required by the summons to produce.
(2)  A person served with a summons under subsection (1) who, without reasonable excuse, disobeys the summons 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 2 years or to both.
(3)  A person shall not be bound to produce any book, document or writing not specified or otherwise sufficiently described in the summons or which he would not be bound to produce upon a subpoena for production in a court.
[LT(S)A, s. 111]
Board may administer oath or affirmation
97.
—(1)  A Board may administer an oath or affirmation to a person appearing as a witness before the Board, whether or not he has appeared in answer to a summons, and may examine the witness upon oath or affirmation.
(2)  A person appearing as a witness before a Board —
(a)
shall not refuse to be sworn or to make an affirmation;
(b)
shall not refuse to answer any question relevant to any proceedings before the Board put to him by the Board or by any person entitled to appear before the Board in those proceedings; and
(c)
shall not knowingly give false testimony in any evidence given by him to the Board.
(3)  A witness before a Board shall have —
(a)
the same protection; and
(b)
in addition to the penalties provided by this Act, the same liabilities,
as he would have had if he had been a witness before a court instead of the Board.
[LT(S)A, s. 112]
Appeal to High Court on question of law
98.
—(1)  No appeal shall lie to the High Court against an order made by a Board under this Part or the Land Titles (Strata) Act (Cap. 158) except on a point of law.
(2)  Where an appeal is made to the High Court, the Court may confirm, vary or set aside the order or remit the order to the Board for reconsideration together with such directions as the Court thinks fit.
(3)  The filing of a notice of appeal shall not operate as a stay of execution of an order or suspend the effect of an order unless the Board or the High Court, as the case may be, otherwise orders and any stay or suspension of an order may be subject to such conditions as the Board or High Court thinks fit.
[LT(S)A, s. 108]
Officers of Boards
99.
—(1)  The Minister may appoint a registrar and such other officers and employees of the Boards as the Minister may determine.
(2)  Subject to the directions of the president, the registrar may, in connection with any application to a Board, make interlocutory orders.
(3)  The registrar shall, in the performance of his functions and duties under subsection (2), have the same protection and immunity as a member of a Board.
(4)  The remuneration of the registrar, officers and employees appointed under subsection (1), and such other expenses of the Boards as the Minister may determine, shall be paid out of moneys provided by Parliament.
(5)  In this section, “interlocutory order” means an order that —
(a)
is made pursuant to an application to a Board in the course of any proceeding of the Board; and
(b)
is incidental to the principal object of that proceeding,
and includes any direction about the conduct of that proceeding, but does not include any interim order or any order making a final determination as regards that proceeding.
[LT(S)A, s. 92]
Allowances
100.  A member of a panel who is a member of a Board for the purposes of hearing a dispute or matter may, in respect of each day on which the Board is engaged in mediating or arbitrating the dispute or matter, be paid such allowances as the Minister may determine.
[LT(S)A, s. 90]
[46/2007]
Division 2 — Types of orders by Board
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]
Order to convene meetings
102.
—(1)  A Board may, on application and if it considers it to be in the interest of the management corporation or subsidiary management corporation, as the case may be, make an order appointing a person nominated by the applicant (and who has consented to that nomination) to convene —
(a)
a meeting of the management corporation or subsidiary management corporation, as the case may be, if, after the first annual general meeting —
(i)
there is no council or executive committee; or
(ii)
the council or executive committee, as the case may be, does not appoint a person to fill the vacancy or vacancies in any office of that council or executive committee and have not convened a general meeting of the management corporation or subsidiary management corporation, as the case may be, for that purpose; or
(b)
a meeting of the council of a management corporation or the executive committee of a subsidiary management corporation, as the case may be, if there is not elected a chairperson, secretary and treasurer of the council or executive committee after the first meeting of the council of the management corporation or the executive committee of the subsidiary management corporation, as the case may be,
for the purpose of electing or appointing a person or persons to fill the vacancy or vacancies in that office or those offices.
(2)  Without prejudice to subsection (1), where a default is made by a management corporation or subsidiary management corporation in holding any general meeting (other than the first annual general meeting), a Board may, on application, order the management corporation or subsidiary management corporation, as the case may be, to convene a general meeting.
(3)  Any meeting ordered under subsection (1) or (2) shall be convened and held within such time as is specified in the order.
(4)  A meeting held under subsection (1)(b) shall be taken to be held by the council of the management corporation or the executive committee of the subsidiary management corporation, as the case may be.
(5)  An order made under this section may include such ancillary or consequential provisions as the Board thinks fit.
(6)  If an order under this section so provides —
(a)
the person appointed to convene a general meeting of a management corporation or subsidiary management corporation by the order shall preside at the meeting and, while the person so presides, is taken to be the chairperson of the management corporation or (as the case may be) the subsidiary management corporation; and
(b)
notice of that meeting may be given in the manner specified in the order.
(7)  Only a subsidiary proprietor or other person entitled to vote at a meeting may make an application under this section for an order to convene that meeting.
[LT(S)A, s. 94]
Order to invalidate proceedings
103.
—(1)  Where, pursuant to an application by a subsidiary proprietor or first mortgagee of a lot, a Board considers that the provisions of this Act have not been complied with in relation to a meeting of the management corporation or subsidiary management corporation, the Board may, by order —
(a)
invalidate any resolution of, or election held by, the persons present at the meeting; or
(b)
refuse to invalidate any such resolution or election.
(2)  A Board shall not make an order under subsection (1) refusing to invalidate a resolution or election unless it considers —
(a)
that the failure to comply with the provisions of this Act did not prejudicially affect any person; and
(b)
that compliance with the provisions of this Act would not have resulted in a failure to pass the resolution, or have affected the result of the election, as the case may be.
[LT(S)A, s. 97]
Order where voting rights denied or due notice of item of business not given
104.
—(1)  Where, pursuant to an application by a person under this section, a Board is satisfied that a particular resolution would not have been passed at a general meeting of a management corporation or subsidiary management corporation but for the fact that the applicant —
(a)
was improperly denied a vote on the motion for the resolution; or
(b)
was not given due notice of the item of business pursuant to which the resolution was passed,
the Board may order that the resolution be treated as a nullity on and from the date of the order.
(2)  An application for an order under subsection (1) may not be made after 21 days after the date of the meeting at which the resolution was passed.
(3)  Where —
(a)
an order under subsection (1) is made in respect of a resolution making a by-law amending, adding to or repealing another by-law; and
(b)
the by-law made pursuant to that resolution is in force,
the by-law shall, subject to its having been or being amended, added to or repealed under section 32, 33 or 82, as the case may be, have force and effect on and from the date the order is so made to the same extent as it would have had if the resolution had not been passed.
[LT(S)A, s. 100]
Order revoking amendment of by-law
105.
—(1)  Where, pursuant to an application by any person entitled to vote at a meeting of the management corporation or subsidiary management corporation (including both a first mortgagee and a mortgagor of a lot), a Board considers that, having regard to the interest of all subsidiary proprietors in the use and enjoyment of their lots or the common property or (as the case may be) limited common property, an amendment or repeal of a by-law or addition of a new by-law should not have been made or effected, the Board may order that the amendment be repealed, that the revoked by-law be revived or that the additional by-law be repealed.
(2)  When making an order under subsection (1) in respect of an exclusive use by-law referred to in section 33 or 82 (in relation to limited common property), a Board may direct the payment by the management corporation or subsidiary management corporation, as the case may be, of compensation to the subsidiary proprietor of the lot referred to in the by-law.
(3)  A payment ordered to be made under subsection (2) is recoverable by the subsidiary proprietor as a debt in a court of competent jurisdiction.
[LT(S)A, s. 95]
Order invalidating purported by-law
106.  Where, pursuant to an application by a person entitled to vote at a meeting of a management corporation or subsidiary management corporation (including both a first mortgagee and a mortgagor of a lot), a Board considers that the management corporation or subsidiary management corporation, as the case may be, did not have the power to make a by-law purporting to have been made by it, the Board may make an order declaring the by-law to be invalid.
[LT(S)A, s. 96]
Order varying certain rates of interest
107.  Where, pursuant to an application by a subsidiary proprietor or a mortgagee in possession, a Board considers that the management corporation or subsidiary management corporation to which the application relates has determined an unreasonable rate as the rate of interest chargeable for the late payment of a contribution levied under section 40(6) or 79, as the case may be, the Board may, in respect of such contributions as are specified in the order, order that no interest be so chargeable or that the rate so chargeable be a rate specified by the Board in the order instead of the rate so determined.
[LT(S)A, s. 98]
Order varying contributions, etc.
108.
—(1)  Where, pursuant to an application by a management corporation, a subsidiary management corporation, a subsidiary proprietor or a mortgagee in possession (whether by himself or another person), a Board considers that any amount levied or proposed to be levied by way of contributions —
(a)
under section 40 or 41(3) or (4) in respect of a lot in a subdivided building where planning permission for the development of land was granted prior to 15th April 1976; or
(b)
under section 41(3) or (4) in respect of a lot in a subdivided building where planning permission for the development of land was granted on or after 15th April 1976,
is inadequate or excessive or the manner of payment of contributions is unreasonable, the Board may make either or both of the following orders:
(i)
an order for the payment of contributions of a different amount with effect from such date as the Board determines;
(ii)
an order for the payment of contributions in a different manner.
(2)  Where an order of a Board under subsection (1) takes effect in relation to a contribution levied by a management corporation or subsidiary management corporation, as the case may be, that has been wholly or partly paid in respect of a lot, the management corporation or subsidiary management corporation shall be deemed to have imposed a levy of the amount determined by the Board with effect from such date as the Board determines.
(3)  Notwithstanding section 40(2), an order may be made by a Board under subsection (1) for the payment of any amount which the Board thinks is fair and adequate.
(4)  For the avoidance of doubt, nothing in this section shall authorise any Board to alter the share value of any lot shown in a strata title plan in any manner on or after the date the management corporation is constituted.
[LT(S)A, s. 99]
Order varying amount of insurance
109.
—(1)  Where, pursuant to an application by a subsidiary proprietor or the mortgagee of a lot, a Board considers that the amount for which the management corporation for the subdivided building concerned has insured under section 75 is not reasonable, the Board may order the management corporation to vary that amount to a specified amount.
(2)  Where, pursuant to an application by an interested subsidiary proprietor or the mortgagee of a lot, a Board considers that the amount for which the subsidiary management corporation concerned has insured under section 79(6) is not reasonable, the Board may order the subsidiary management corporation to vary that amount to a specified amount.
[LT(S)A, s. 101]
Order to make or pursue insurance claim
110.  Where, pursuant to an application by a subsidiary proprietor, a Board considers that the management corporation or subsidiary management corporation to which the application relates has unreasonably refused to make or pursue an insurance claim in respect of damage to the building or any limited common property or other property insured by the management corporation or subsidiary management corporation under Division 6 or 7 of Part V, the Board may order the management corporation or subsidiary management corporation, as the case may be, to make or pursue the claim.
[LT(S)A, s. 105]
Order with respect to consents affecting common property
111.  Where, pursuant to an application by a subsidiary proprietor, a Board considers that the management corporation or subsidiary management corporation to which the application relates —
(a)
has unreasonably refused to consent to a proposal by that subsidiary proprietor to effect alterations to the common property or limited common property; or
(b)
has unreasonably refused to authorise under section 37(4) any improvement in or upon a lot which affects the appearance of any building comprised in the strata title plan,
the Board may make an order that the management corporation or subsidiary management corporation, as the case may be, consents to the proposal.
[LT(S)A, s. 104]
Order appointing managing agent to perform certain powers
112.
—(1)  Where, pursuant to an application by a subsidiary proprietor, the mortgagee of a lot or a judgment creditor of a management corporation, a Board is satisfied that it is in the interests of the subsidiary proprietors of all the lots in the subdivided building concerned or the creditors of the management corporation or subsidiary management corporation, as the case may be, to appoint a managing agent for the management corporation or subsidiary management corporation, the Board may order the management corporation to appoint a managing agent to perform the duties specified in the order.
(2)  Where a Board makes an order under subsection (1), it may also order that the managing agent shall have and may exercise and perform —
(a)
all the powers, duties and functions of the management corporation or subsidiary management corporation to which the order relates or of the chairperson, secretary or treasurer thereof, or the council of that management corporation or the executive committee of that subsidiary management corporation;
(b)
any one or more of those powers, duties or functions specified in the order; or
(c)
all of those powers, duties and functions except those specified in the order.
[LT(S)A, s. 102]
Order to supply information or documents
113.  Where, pursuant to an application by any person, a Board considers that the management corporation or subsidiary management corporation to which the application relates, or a managing agent or the chairperson, secretary or treasurer of that management corporation or subsidiary management corporation has wrongfully —
(a)
withheld from the applicant any information to which the applicant is entitled under this Act; or
(b)
failed to make available for inspection by the applicant or his agent any record or document that, under this Act, he is entitled to inspect,
the Board may order that management corporation, subsidiary management corporation, managing agent, chairperson, secretary or treasurer to supply or make available the information or to make so available the record or document, as the case may require, to the applicant.
[LT(S)A, s. 106]
Order for entry to lot
114.
—(1)  A Board may make an order requiring a subsidiary proprietor or an occupier of any lot or part of a lot to allow a management corporation or subsidiary management corporation, as the case may be, access to the lot or part of the lot for the purpose of carrying out any work referred to in section 30 or determining whether any such work needs to be carried out.
(2)  This section shall not limit the power of any management corporation or subsidiary management corporation to enter a lot under section 31 without applying for an order under this section.
(3)  An application under this section may be made only by a management corporation or subsidiary management corporation.
Order to resolve dispute between management corporations and subsidiary management corporations, etc.
115.
—(1)  Where, pursuant to an application by a management corporation or subsidiary management corporation (referred to in this section as the applicant corporation), a Board is satisfied that a management corporation or subsidiary management corporation to which the application relates —
(a)
has unreasonably refused access to any common property or limited common property or unreasonably refused to furnish any information relating to any common property or limited common property or any subsidiary proprietor, to the applicant corporation or any of its delegates where such access or information is necessary for the effective discharge by the applicant corporation or its delegate of its duties imposed by or under this Act; or
(b)
has done anything or permitted anything to be done in relation to any common property or limited common property in such a manner or for such a purpose as to interfere unreasonably with or unreasonably obstructs, hinders or delays the applicant corporation or any of its delegates from effectively discharging its duties imposed by or under this Act,
the Board may make an order for the settlement of the dispute.
(2)  Nothing in subsection (1) shall be deemed to authorise any Board to require a management corporation or subsidiary management corporation to disclose any confidential information.
(3)  In this section, the delegates of a management corporation or subsidiary management corporation include —
(a)
any member of its council or executive committee, as the case may be;
(b)
any managing agent duly appointed by the management corporation or subsidiary management corporation; or
(c)
any duly authorised employee of any such managing agent.
Division 3 — Miscellaneous
Board’s power to dismiss certain applications
116.  A Board may dismiss an application under this Part if —
(a)
the Board believes that the application is frivolous, vexatious, misconceived or lacking in substance;
(b)
the Board believes that a decision in favour of the applicant is not within the jurisdiction of the Board;
(c)
the Board believes that the applicant has unreasonably delayed the provision of information required by the Board;
(d)
in the case of an application made by any subsidiary proprietor of a lot, the applicant has not paid all contributions levied and payable in relation to the lot under this Act; or
(e)
the Board believes that the case is suitable for mediation but the mediation is pending at the time of application.
General provisions relating to orders
117.
—(1)  An order made by a Board under this Act or the Land Titles (Strata) Act (Cap. 158) may include such ancillary or consequential provisions as the Board thinks fit including costs to be paid by the applicant, a management corporation, a subsidiary management corporation or any person against whom the order is made or costs to be paid by a party for making a frivolous application to the Board.
(2)  Without prejudice to subsection (1), a Board may order —
(a)
a management corporation or its council;
(b)
a subsidiary management corporation or its executive committee;
(c)
a managing agent; or
(d)
a subsidiary proprietor or other person having an estate or interest in a lot or an occupier of a lot,
to do or refrain from doing a specified act with respect to a subdivided building or the common property or limited common property, as the case may be.
[LT(S)A, s. 109(1) and (2)]
Interim orders
118.
—(1)  If an applicant for an order under this Part requests the making of an interim order and a Board, or the president or deputy president presiding, is satisfied on reasonable grounds that urgent considerations justify the making of such an order, the Board, president or deputy president, as the case may be, may —
(a)
make an order that could otherwise be made by the Board (referred to in this Part as an interim order); and
(b)
renew the interim order by serving notice in accordance with section 119 if a request for its renewal is made not later than 3 months after the order is made.
(2)  A Board, or the president or deputy president presiding, may revoke an interim order, or a renewal of an interim order, made under subsection (1).
(3)  When an interim order is revoked, the registrar shall serve notice of its revocation in accordance with section 119.
(4)  An interim order may be made or renewed in respect of any application under this Part even if —
(a)
since receipt of the application, any procedure under this Part has not been followed;
(b)
the time, or extended time, for making submissions on an application has not expired; or
(c)
a right of appearance of representation has not been exercised.
(5)  An interim order shall continue in force —
(a)
until the expiration of such period, not exceeding 3 months, as the Board, president or deputy president, as the case may be, may specify in the order, starting with the making of that order;
(b)
if application is duly made for its renewal, until the renewal is granted or refused; or
(c)
if it is renewed, until the expiration of a period of 6 months, starting with the making of the order.
(6)  Subsection (5) shall not apply if the interim order is revoked on appeal or the application is determined in accordance with another provision in this Part.
(7)  Any person who, in, or in connection with, a request for an interim order or for the renewal of any such order, makes a statement that the person knows is false or misleading in a material respect 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 6 months or to both.
Effect of orders on notice
119.
—(1)  Subject to subsection (2), the registrar shall serve a copy of every order (including an interim order) made by a Board, the president or a deputy president pursuant to any application made under this Part on —
(a)
the applicant;
(b)
the management corporation or subsidiary management corporation for the strata title plan concerned;
(c)
the person against whom the order is made; and
(d)
any person who made a written submission to the Board in response to the Board’s invitation.
(2)  If the order (including an interim order) of the Board, the president or a deputy president is a declaratory or other order affecting the subsidiary proprietors or occupiers of the lots in a strata title plan generally, or a particular class of the subsidiary proprietors or occupiers, the registrar need not serve a copy of the order on each subsidiary proprietor and occupier affected individually, but may instead give notice in a way that ensures, as far as reasonably practicable, it comes to the attention of all subsidiary proprietors and occupiers or all subsidiary proprietors and occupiers in that class.
(3)  Every copy of an order served under subsection (1) or (2) shall be certified by the president to be a true copy of the order.
(4)  Except where provision is otherwise made by this Act or the Land Titles (Strata) Act (Cap. 158) or to the extent it is otherwise specified in an order, an order (including an interim order) made under this Part shall take effect when a copy of the order is served on —
(a)
the applicant;
(b)
the management corporation or subsidiary management corporation for the strata title plan concerned; and
(c)
the person against whom the order is made.
[LT(S)A, s. 114]
Enforcement and penalty for contravention of orders
120.
—(1)  Any order (including an interim order) made under this Part or the Land Titles (Strata) Act may, by leave of a District Court, be enforced against the person in the same manner as a judgment of that court, and where leave is so given, judgment may be entered in terms of that order.
(2)  A person who contravenes any order (including an interim order) made under this Part or the Land Titles (Strata) Act to do or refrain from doing a specified act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.
(3)  A document purporting to be a copy of an order (including an interim order) made under this Part or the Land Titles (Strata) Act shall be admissible in evidence and shall, until the contrary is proved, be deemed to be an order made by the Board.
[LT(S)A, s. 113]