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 01/03/2012.
25.
—(1) This section shall apply where a management corporation has, in accordance with section 34(3) of the Building Maintenance and Strata Management Act (Cap. 30C), passed a special resolution to accept —
(a)
a grant or transfer of any land (not being a lot within the parcel) which abuts the parcel, free from any encumbrances (except those created by statute and subsisting easements);
(b)
a grant or transfer of any lot, including the undivided share in the common property appurtenant to that lot, free from any encumbrances (except those created by statute and subsisting easements); or
(c)
a lease of land, not being a lot within the parcel, whether or not it abuts on the parcel,
for the purpose of creating additional common property.
[47/2004]
(2) The transfer lodged for registration shall contain a request to the Registrar that such land or part thereof, or the lot transferred, as the case may be, be included as part of the common property.
(3) Upon registration of the transfer, the Registrar shall —
(a)
enter a memorial of the transfer on the folio of the land-register comprising the common property;
(b)
amend the relevant folios of the land-register and subsidiary strata land-register in such manner as the Registrar may think fit so as to show thereon the transferred land or part thereof or the lot transferred as forming part of the common property; and
(c)
where a lot is transferred, amend the relevant folios of the subsidiary strata land-register to decrease the aggregate share value by a number equivalent to the share value of that lot.
[37/2004]
(4) Upon registration of the transfer by the Registrar —
(a)
the transferred land or the transferred lot, as the case may be, shall form part of the common property and the provisions of this Act applicable to common property as varied by this section shall apply to such transferred land or lot;
(b)
the subsidiary proprietors shall hold the common property (including the transferred land or lot) as tenants-in-common in accordance with their respective share values as determined under subsection (3); and
(c)
without any further assurance the subsidiary proprietors shall hold the common property in the following manner:
(i)
where the tenure of the transferred land is similar to that of the common property held by the subsidiary proprietors prior to the date of the registration of the transfer of such land, the subsidiary proprietors shall hold the common property (including the transferred land) for the same term and tenure as tenants-in-common in the manner as provided in paragraph (b);
(ii)
where the tenure of the transferred land is not similar to that of the common property held by the subsidiary proprietors prior to the date of the registration of the transfer of such land, the subsidiary proprietors shall hold the entire term and tenure transferred to and accepted by the management corporation on behalf of the subsidiary proprietors as tenants-in-common in the manner as provided in paragraph (b);
(iii)
where a lot is transferred, the term and tenure of that lot which comprises the additional common property shall be held for the same term and tenure as that of the lots held by the subsidiary proprietors prior to the date of the registration of the transfer; and
(iv)
if there is a subsisting registered mortgage, charge, lease or sub-lease or any other encumbrance on the lot of a subsidiary proprietor, the undivided share or shares in the transferred land or transferred lot forming the additional common property shall be held by the subsidiary proprietor of the said lot subject to the same mortgage, charge, lease or sub-lease or any other such subsisting encumbrance.
[23/82; 37/2004; 47/2004]
(5) Any reference to a transfer or transferred land in this section shall include a lease of land referred to in subsection (1)(c).
[47/2004]