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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 22/12/2014, you requested the version in force on 22/12/2014 incorporating all amendments published on or before 22/12/2014. The closest version currently available is that of 29/09/2014.
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Creation, etc., of limited common property
78.
—(1)  Common property comprised or to be comprised in a strata title plan may be designated as limited common property —
(a)
where the common property is part of a parcel referred to in section 76(1) —
(i)
by the owner developer thereof by a designation on the strata title plan for that parcel when that strata title plan is filed with the Chief Surveyor; or
(ii)
by the management corporation constituted in respect of that strata title plan pursuant to a comprehensive resolution and in accordance with subsection (2)(b); or
(b)
where the common property is part of a parcel referred to in an order made under section 76(2), by the management corporation constituted in respect of that strata title plan pursuant to a comprehensive resolution and in accordance with subsection (2)(b).
(2)  Subject to subsection (3), common property comprised or to be comprised in a strata title plan shall be designated as limited common property —
(a)
in the case of designation by the owner developer under subsection (1)(a), by a designation on the strata title plan filed with the Chief Surveyor for that parcel that —
(i)
describes the limited common property or identifies or defines the boundaries or area of the limited common property on that strata title plan; and
(ii)
specifies each lot comprised in that strata title plan whose subsidiary proprietors are entitled to the exclusive benefit of the limited common property; or
(b)
by a comprehensive resolution passed by the management corporation constituted in respect of that strata title plan that —
(i)
describes the limited common property or identifies or defines the boundaries or area of the limited common property on the strata title plan;
(ii)
specifies each lot comprised in that strata title plan whose subsidiary proprietors are entitled to the exclusive benefit of the limited common property; and
(iii)
is filed with the Chief Surveyor.
(3)  For the avoidance of doubt, the designation of limited common property by an owner developer under subsection (1)(a)(i) or by a comprehensive resolution under subsection (2)(b) —
(a)
need not require an amendment to any strata title plan; and
(b)
need not identify or define the area of the limited common property provided that the designation or (as the case may be) resolution prescribes a method of identifying or defining the limited common property.
(4)  Any designation of common property as limited common property —
(a)
by an owner developer of a parcel to be comprised in a strata title plan shall take effect only when the management corporation is constituted for that strata title plan under the Land Titles (Strata) Act (Cap. 158); or
(b)
by a comprehensive resolution under subsection (2)(b) shall take effect only when the comprehensive resolution is filed with the Chief Surveyor.
(5)  Any designation of common property as limited common property by an owner developer may only be removed or amended in accordance with subsection (6) or (7) or section 84.
(6)  The management corporation constituted for any common property subject to a strata title plan and any subsidiary management corporation constituted for limited common property subject to the same strata title plan may accept and execute such documents to alter any boundary between their common property and limited common property, respectively, if —
(a)
the management corporation, pursuant to a comprehensive resolution under subsection (2)(b), determines to alter the boundary between its common property and the limited common property; and
(b)
the subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)(b), also determines to similarly alter the boundary between its limited common property and the common property.
(7)  Subject to subsection (8), a subsidiary management corporation constituted for any limited common property subject to a strata title plan and any other subsidiary management corporation constituted for other limited common property subject to the same strata title plan may, without affecting the boundaries of their respective limited common properties with the common property within that strata title plan, accept and execute such documents to amalgamate their respective limited common properties or alter any boundary between their respective limited common properties within the strata title plan if —
(a)
the first-mentioned subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)(b), determines —
(i)
to alter the boundary between its limited common property and the other subsidiary management corporation’s limited common property; or
(ii)
to amalgamate its limited common property with the other subsidiary management corporation’s limited common property and to merge both subsidiary management corporations to constitute a single subsidiary management corporation for that amalgamated limited common property, seized of, holding and possessing all rights and interests and subject to all liabilities and obligations of the amalgamating subsidiary management corporations; and
(b)
that other subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)(b), also determines similarly —
(i)
to alter the boundary between its limited common property and the other subsidiary management corporation’s limited common property; or
(ii)
to amalgamate its limited common property with the other subsidiary management corporation’s limited common property and to merge both subsidiary management corporations to constitute a single subsidiary management corporation for that amalgamated limited common property, seized of, holding and possessing all rights and interests and subject to all liabilities and obligations of the amalgamating subsidiary management corporations.
(8)  Nothing in subsection (7) shall authorise any subsidiary management corporation to amalgamate its limited common property in a manner that is contrary to section 77.
(9)  For the avoidance of doubt, the Chief Surveyor shall not be taken to warrant or certify the correctness of the boundaries of any limited common property or the validity of the creation of such limited common property by his accepting any comprehensive resolution or any accompanying plan showing the boundaries or containing a description of that limited common property.