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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 29/11/2014, you requested the version as published on or before 29/11/2014.
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Powers and duties of managing agent appointed by Commissioner
20.
—(1)  Where a managing agent has been appointed by the Commissioner under section 19(1), the managing agent shall have control over the moneys in the relevant maintenance fund of the development, but shall have no power to invest such moneys.
(2)  Once a managing agent has been appointed under section 19(1) for a development, no moneys shall be paid out of the relevant maintenance fund of that development except on the authority of the managing agent.
(3)  Subject to the general control and direction of the Commissioner, a managing agent appointed under section 19(1) shall have all the powers and duties of the owner developer as regards the management and maintenance of the common property or (as the case may be) limited common property of that development.
(4)  Without prejudice to the generality of subsection (3), a managing agent appointed by the Commissioner under section 19(1) in respect of a development shall have the power —
(a)
to manage the relevant maintenance fund of the development;
(b)
to issue any written demand in the name of the owner developer to the purchasers of lots or proposed lots in the development for the payment of maintenance charges due from them;
(c)
to receive all charges payable to the owner developer by purchasers of lots or proposed lots in the development for the maintenance of the common property or (as the case may be) the limited common property of the development, and to give a valid discharge therefor;
(d)
to receive all charges payable by the owner developer to the relevant maintenance fund in respect of those lots or proposed lots which have not been sold and for which temporary occupation permits have been issued;
(e)
to institute proceedings in the name of the owner developer to recover maintenance charges payable by the purchasers of the lots or proposed lots in the development; and
(f)
to bring any action in his own name to recover moneys due to the relevant maintenance fund from the owner developer or any other person.
(5)  It shall be the duty of a managing agent appointed by the Commissioner to pay all moneys received by him in his capacity as managing agent for a development into the relevant maintenance fund of that development.
(6)  As soon as practicable after his appointment by the Commissioner, but in any case not later than 2 months after his appointment, a managing agent shall prepare and submit to the Commissioner a statement showing as at the date of his appointment —
(a)
the moneys standing to the credit of every maintenance fund of the development;
(b)
the amounts due and owing by the purchasers of the lots or proposed lots in the development as charges payable for the maintenance of the common property and any limited common property, if any, of the development;
(c)
any income derived from the common property and limited common property, if any, of the development which are due to be paid to the relevant maintenance fund; and
(d)
any expenditure incurred for the maintenance of the development which is authorised by section 16(2) or (3), as the case may be, to be paid out of the relevant maintenance fund and which remains unpaid.
(7)  Any person appointed by the Commissioner as a managing agent for a development shall not act as a managing agent unless he has lodged with the Commissioner a bond in the form approved by the Commissioner and for the prescribed amount given by a bank, a finance company or an insurer and which binds the bank, finance company or insurer to make good any loss caused by the managing agent as a result of his failure to duly account to the purchasers of a development for moneys received or held by him.
(8)  A managing agent who contravenes subsection (5) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[BCPA (repealed), ss. 13, 15]