On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 18/04/2013.
53.
—(1) The owners of flats in any building of the Board shall, as soon as possible after they are directed by the Board in writing, establish a body corporate under the name of “The Management Corporation for flat numbers . . . of the Housing and Development Board building situate in Lot number . . . in Town Sub-Division or Mukim . . .”.
(2) The Board shall not, without the prior approval in writing of the Minister and without consulting all the owners of the flats in any building, make any direction, under subsection (1), upon owners of the flats of the Board in any building.
(3) Where a direction of the Board under subsection (1) is not carried out, the Board may, with the approval of the Minister, by notification in the Gazette, authorise a company, incorporated under the provisions of any written law for the time being in force relating to companies, to exercise the functions, duties and powers of a management corporation.
(4) The Board may, in its discretion, with the approval of the Minister, by notification in the Gazette revoke any authorisation granted to a company under subsection (3) without assigning any reason.
(5) A management corporation shall be constituted by an order made by the Minister, which shall be published in the Gazette.
(6) Upon the constitution of a management corporation and so long as one exists in relation to a building, every owner of a flat in the building shall be —
(a)
a member of the management corporation; and
(b)
entitled to such voting rights as may be prescribed.
(7) A management corporation, constituted under subsection (5), shall have perpetual succession and may sue and be sued in its name and do all other matters and things incidental or appertaining to a body corporate and not inconsistent with the provisions of this Act.
(8) A management corporation shall establish and maintain a fund for administrative purposes sufficient in the opinion of the corporation for the control, management and administration of the common property, for the payment of any rent, rates and premiums of insurance and the discharge of any other obligations of the corporation.
(9) For the purposes of establishing and maintaining a fund in accordance with subsection (8), the management corporation may —
(a)
determine from time to time the amounts to be raised for the purposes referred to in that subsection;
(b)
raise amounts so determined by levying contributions on the owners in such proportions as may be prescribed; and
(c)
recover from any owner by an action in any court of competent jurisdiction any sum of money expended by the management corporation for rents, rates, premiums, maintenance or conservancy, or for repairs to his flat done by the management corporation or at its direction.
(10) Subject to subsection (13), any contribution levied under subsection (9) shall be due and be payable —
(a)
on the passing of a resolution to that effect and in accordance with the terms of that resolution; or
(b)
if the Board or a company, as the case may be, is performing the functions of a management corporation and has been vested with its powers, under section 54 on the service of a written notice and in accordance with the terms of that notice.
(11) Any such contribution may be recovered by the management corporation or the company, as the case may be, in an action in any court of competent jurisdiction from the owner of the flat at the time when the resolution or notice, as the case may be, was passed or served and from the owner of the flat at the time when the action is instituted, both jointly and severally.
(12) A certificate of the Board shall be conclusive evidence of the amount that may be due to the Board under subsection (10).
(13) A management corporation shall, on the application of any owner of a flat or any person authorised in writing by him, certify —
(a)
the amount determined as the contribution of the owner;
(b)
the manner in which that contribution is payable;
(c)
the extent to which his contribution has been paid by the owner; and
(d)
the amount of any rates paid by the management corporation and not recovered by it.
(14) In favour of any person dealing with the owner referred to in subsection (13), such a certificate shall be conclusive evidence of the matters certified therein.
(15) A management corporation constituted under subsection (5) shall not be wound up except by an order made by the Minister cancelling the order by which it was constituted.
(16) Such an order shall be published in the Gazette and shall provide for the winding up of the management corporation and for its dissolution.