Building Maintenance and Strata Management Act 2004

Building Maintenance and
Strata Management
Act 2004

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to provide for proper maintenance and management of buildings.

[1 April 2005: Except sections 11(2), (4) and (6), 12(2) and 33(8) and (9), Part VII, item (5) in the Third Schedule and items (9)(b), (11) and (12)(a) in the Fifth Schedule ]

PART 1

PRELIMINARY

Short title

1. This Act is the Building Maintenance and Strata Management Act 2004.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“Board” means any Strata Titles Board constituted under Part 6;

“building” includes part of a building;

“Building and Construction Authority” means the Building and Construction Authority established under section 3 of the Building and Construction Authority Act 1999;

“by-law”, in relation to any parcel comprised in a strata title plan, means —

(a)	any by-law prescribed by regulations under section 136;
(b)	any by-law made by a management corporation under section 32 or 33 and in force in respect of that parcel; or
(c)	any by-law made by a subsidiary management corporation under section 82 and in force in respect of any limited common property within that strata title plan;

“ceiling” does not include any false ceiling;

“Chief Surveyor” means the Chief Surveyor appointed under section 3 of the Boundaries and Survey Maps Act 1998;

“Commissioner” means the Commissioner of Buildings appointed under section 3(1), and includes any other officer appointed under section 3(3) to exercise the powers or perform the duties imposed on the Commissioner;

“common expenses” means expenses —

(a)	relating to the common property and any movable property held by or on behalf of a management corporation;
(b)	relating to the limited common property and any movable property held by or on behalf of a subsidiary management corporation; or
(c)	required to meet any other purpose or obligation of a management corporation or subsidiary management corporation;

“common property”, subject to subsection (9), means —

(a)

in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —

(i)	not comprised in any lot or proposed lot in that strata title plan; and
(ii)	used or capable of being used or enjoyed by occupiers of 2 or more lots or proposed lots;

(b)

in relation to any other land and building, such part of the land and building —

(i)	not comprised in any non-strata lot; and
(ii)	used or capable of being used or enjoyed by occupiers of 2 or more non‑strata lots within that land or building; or

(c)

in relation to any land and building mentioned in paragraph (a) or (b), any of the following whether or not comprised in a lot, proposed lot or non‑strata lot:

(i)

the pipes, wires, cables or ducts which are used, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots (as the case may be) within that land or building, or are used or capable of being used for the servicing or enjoyment of the common property;

(ii)

the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts mentioned in sub‑paragraph (i);

(iii)

any structural element of the building;

(iv)

the waterproof membrane attached to an external wall or a roof;

Examples

(a)	A foundation, load‑bearing wall, column or beam, a shear core, strut, ground anchor, slab (not including any layer that is the underlayment or the flooring finishing), truss and common staircase.

(b)	An external wall, or a roof or façade of a building which is used or enjoyed, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots.

(c)	A garden, sporting or recreational facility, car park or parking area for other vehicles, none of which are comprised in a lot, proposed lot or non‑strata lot.

(d)	A central air conditioning system and its appurtenances, and a fire sprinkler protection system and its appurtenances.

(e)	Any chute, pipe, wire, cable, duct or facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating or cooling systems, or any other similar services.

“competent authority” means the competent authority appointed under section 5 of the Planning Act 1998 in respect of the development or subdivision of land;

“council”, in relation to a management corporation, means the council of that management corporation;

“development” means any parcel on which any building is being or to be constructed;

“escalator” means a power‑driven stairway with continuously moving steps and handrails, designed for carrying people between different floors of a building, and includes a passenger conveyor but excludes any escalator prescribed;

“executive committee”, in relation to a subsidiary management corporation, means the executive committee of that subsidiary management corporation;

“exterior feature” has the meaning given by the Building Control Act 1989;

“immediate family member”, in relation to any person, means a spouse, child, adopted child, stepchild, sibling or parent of that person;

“initial period”, in relation to a management corporation or subsidiary management corporation, means a period starting from the day on which the management corporation or subsidiary management corporation (as the case may be) is constituted (except pursuant to a comprehensive resolution under section 78(2)(b)) and ending —

(a)	12 months later; or
(b)	on the day when the first annual general meeting of the management corporation or subsidiary management corporation (as the case may be) is held,

whichever first occurs;

“inspect” includes examine and test, with or without the aid of equipment;

“land” has the meaning given by the Land Titles Act 1993;

“lift” means a power‑driven installation that —

(a)	is, or is intended to be, permanently installed in or attached to a building or part of a building;
(b)	is used or designed for use for raising or lowering, or both raising and lowering, people or goods, or people and goods; and
(c)	has a car, cage or platform, the direction or movement of which is substantially vertical and restricted by a guide or guides,

and includes any supporting structure, machinery, equipment, gear and enclosure used or designed for use for operating a lift, but excludes any lift prescribed;

“limited common property” means such part of the common property in a parcel that is —

(a)	in the case of common property to be comprised in a strata title plan — designated in the sale and purchase agreement of any proposed lot in the parcel for the exclusive benefit of the purchasers of 2 or more (but not all) of those proposed lots in the parcel; or
(b)	in the case of common property comprised in a strata title plan — designated in the strata title plan or a comprehensive resolution mentioned in section 78(2) for the exclusive benefit of the subsidiary proprietors of 2 or more (but not all) lots in that strata title plan,

but does not include —

(c)	the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel, whether or not they are comprised in any lot or proposed lot;
(d)	any chute, pipe, wire, cable, duct and other facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, not comprised in any lot or proposed lot and necessary for the common use of the occupiers of all lots or proposed lots in that parcel; and
(e)	all other windows of a lot or proposed lot that are located on any exterior wall of the lot or proposed lot;

“lot” means any stratum within a parcel comprised in a strata title plan and which —

(a)	is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and
(b)	is shown as a lot on the strata title plan,

and includes a lot specified as an accessory lot on any such plan;

“maintenance fund”, in relation to a development, means any maintenance fund established under section 16(2) or (3) by the owner developer of the development for the common property or limited common property (as the case may be) of that development;

“management corporation”, in relation to any parcel comprised in a strata title plan, means the management corporation constituted in respect of that strata title plan under the Land Titles (Strata) Act 1967;

“managing agent” means a managing agent appointed under this Act;

“mediation” means a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution of the dispute;

“non‑lot acquisition” means any acquisition under the Land Acquisition Act 1966 of any common property (and no other land) comprised in a strata title plan;

“non‑lot acquisition related expenses”, in relation to any management corporation for a strata title plan, means —

(a)	any legal costs, valuation and other professional fees reasonably incurred by the management corporation in relation to the preparation and filing of a claim for compensation under the Land Acquisition Act 1966, or any appeal under that Act, in respect of any non‑lot acquisition affecting the strata title plan; and
(b)	any other financial costs reasonably incurred by the management corporation in convening and conducting meetings for or in connection with the preparation and filing of a claim for compensation under the Land Acquisition Act 1966, or any appeal under that Act, in respect of any non‑lot acquisition relating to its strata title plan;

“non-strata lot” means any stratum that —

(a)	is within any land or building not comprised or not to be comprised in a strata title plan; and
(b)	is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose;

“owner” includes an owner developer and —

(a)	in relation to a building — means the person for the time being receiving the rent of the building, whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the building were let to a tenant;
(b)	in relation to any common property or limited common property not comprised in a strata title plan — means the person receiving any rent or charge for the maintenance of that common property or limited common property, and includes every person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as owner of that common property or limited common property; or
(c)	in relation to any common property or limited common property comprised in a strata title plan — means the management corporation or subsidiary management corporation (as the case may be) having control of the common property or limited common property;

“owner developer” means any person who, immediately before the constitution of a management corporation for any parcel comprised in a strata title plan, is registered as the proprietor of the parcel shown in the strata title plan, and includes any administrator, executor, mortgagee in possession, liquidator, successor in title or assign of such person;

“parcel” means the whole of any land, building and common property comprised or to be comprised in a strata title plan;

“person responsible”, in relation to an exterior feature of a building, means —

(a)

except as otherwise provided by paragraph (b), (c) or (d), the owner of the premises or building which the exterior feature is installed on, forms part of or projects outwards from, or such other person who has charge and control of the management and maintenance of the exterior feature;

(b)

subject to paragraph (c), where the exterior feature is part of any common property or limited common property —

(i)	in the case of common property of any housing estate of the Housing and Development Board — the Town Council established under the Town Councils Act 1988 for that housing estate or the contractor (if any) engaged by the Town Council and who has charge and control of the management and maintenance of the common property; or
(ii)	in the case of common property or limited common property of any other land (whether or not comprised in a strata title plan) — the owner thereof or the managing agent (if any) appointed by the owner and who has charge and control of the management and maintenance of the common property or limited common property, unless otherwise provided by paragraph (d);

(c)

where the exterior feature is a window, grille or shutter that is part of a flat — the owner of that flat or other person who ordinarily has daily charge and control over the maintenance and use of the window, grille or shutter; or

(d)

any other person prescribed as the person responsible for the exterior feature;

“planning permission” has the meaning given by the Planning Act 1998;

“president” means the president or a deputy president of a Board, and includes an acting president;

“proposed lot” means any stratum in a development on a parcel to be comprised in a strata title plan and which —

(a)	is intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and
(b)	is to be shown as a lot on the strata title plan for that development;

“purchaser” means a person, other than an owner developer, who enters into an agreement to purchase a lot or proposed lot but to whom the lot or proposed lot has not been conveyed or assigned;

“registrar” means the registrar of the Strata Titles Boards;

“Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act 1993;

“relevant authority” means any one or more Government or statutory authorities empowered under any written law to approve plans for development or subdivision of any land or plans relating to the construction of any building, and includes the competent authority;

“repealed Act” means the Buildings and Common Property (Maintenance and Management) Act (Cap. 30, 2000 Revised Edition) repealed by this Act;

“schedule of strata units”, in relation to any parcel, means the schedule of strata units showing the share values for each lot or proposed lot in that parcel, and includes any amended schedule of strata units;

“share value”, in respect of a lot or proposed lot, means the share value of that lot or proposed lot as shown in the schedule of strata units;

“strata roll”, in relation to any subdivided building shown on a strata title plan, means the roll mentioned in section 46 which relates to that plan;

“strata subdivision” includes a subdivision of land to comprise one or more lots, whether or not any lot is on the same level as any other lot;

“strata title plan” has the meaning given by the Land Titles (Strata) Act 1967;

“stratum” means any part of land which consists of a space of any shape below, on or above the surface of the land, or partly below and partly above the surface of the land, the dimensions of which are delineated;

“structural defect” means a defect in a structural element of a building that —

(a)	results in, or is likely to result in, the building or any part of the building being required by or under any law to be closed or prohibited from being used;
(b)	prevents, or is likely to prevent, the continued practical use of the building or any part of the building; or
(c)	results in, or is likely to result in, a threat of imminent collapse that may reasonably be considered to cause destruction of the building or physical damage to the building or any part of the building;

“structural element”, for a building, means an internal or external load‑bearing component of the building that is essential to the stability of the building or part of the building, but does not include any door or window;

Examples

(a)	A foundation, load‑bearing wall, column or beam, a shear core, strut, ground anchor, slab or truss.

(b)	A common staircase.

“subdivided building” means any one or more buildings comprised in a strata subdivision plan approved by the relevant authority;

“subsidiary management corporation”, in relation to any limited common property comprised in a strata title plan, means the subsidiary management corporation constituted for that limited common property under the Land Titles (Strata) Act 1967;

“subsidiary proprietor” has the meaning given by the Land Titles (Strata) Act 1967;

“temporary building” has the meaning given by the Building Control Act 1989;

“temporary occupation permit” means a temporary occupation permit granted by the Commissioner of Building Control under the Building Control Act 1989;

“wall” includes a door, window or other structure forming part of the wall;

“window” includes a roof skylight, glass panel, glass brick, louvre, glazed sash, glazed door, translucent sheeting and any other building material which transmits natural light directly from outside a building into a room of or an interior of the building;

“working day” means any day other than a Saturday, Sunday or public holiday.

[26/2014; 35/2017]

(2) For any management corporation or subsidiary management corporation, a motion is decided by ordinary resolution if —

(a)

the motion is passed at a duly convened general meeting of such corporation held on the 15th day (or later) after the notice specifying the motion has been given; and

(b)

the votes cast by subsidiary proprietors who are entitled to vote and are present (in person or proxy) at the time the vote is taken are as follows:

(i)	if no poll is taken — the number of valid votes counted for the motion are more than the valid votes counted against the motion; or
(ii)	on a poll — the total of the share value of the lots for which valid votes are counted for the motion is more than the total of the share value of the lots for which valid votes are counted against the motion. [35/2017]

(3) For any management corporation or subsidiary management corporation, a motion is decided by special resolution if —

(a)	the motion is passed at a duly convened general meeting of such corporation held on the 22nd day (or later) after the notice specifying the motion has been given; and
(b)	on a poll, the total of the share value of the lots for which valid votes are counted for the motion is at least 75% of the aggregate share value of the lots for which all valid votes are cast by subsidiary proprietors who are present (in person or proxy) at the time the vote is taken. [35/2017]

(4) For any management corporation or subsidiary management corporation, a motion is decided by unanimous resolution if the motion —

(a)	is passed at a duly convened general meeting of such corporation held on the 22nd day (or later) after the notice specifying the motion has been given; and
(b)	is supported by every valid vote cast by subsidiary proprietors who are present (in person or proxy) at the time the vote is taken. [35/2017]

(5) For any management corporation or subsidiary management corporation, a motion is decided by 90% resolution if —

(a)	the motion is passed at a duly convened general meeting of such corporation held on the 22nd day (or later) after the notice specifying the motion has been given; and
(b)	on a poll, the total of the share value of the lots for which valid votes are counted for the motion is at least 90% of the aggregate share value of the lots for which all valid votes are cast by subsidiary proprietors who are present (in person or proxy) at the time the vote is taken. [35/2017]

(6) For any management corporation or subsidiary management corporation, a motion is decided by comprehensive resolution if —

(a)

the motion is considered at a duly convened general meeting of such corporation held on the 22nd day (or later) after the notice specifying the motion has been given; and

(b)

at the end of a period of 12 weeks after the general meeting in paragraph (a) is convened, on a poll, the total of the share value of the lots for which valid votes are counted for the motion is at least 90% of the aggregate share value of the lots of all the subsidiary proprietors who, at the end of that period, constitute the management corporation or subsidiary management corporation, as the case may be.

[35/2017]

(7) For any management corporation or subsidiary management corporation, a motion is decided by resolution by consensus if —

(a)	the motion is considered at a duly convened general meeting of such corporation held on the 22nd day (or later) after the notice specifying the motion has been given; and
(b)	at the end of a period of 12 weeks after the general meeting in paragraph (a) is convened, all the subsidiary proprietors who, at the end of that period, constitute the management corporation or subsidiary management corporation, as the case may be, support the motion in writing. [35/2017]

(8) For the purposes of subsections (2) to (6), a valid vote, in relation to any motion to be decided by any resolution mentioned in any of those subsections, means a vote cast by a subsidiary proprietor entitled to vote, other than a vote which is —

(a)	given both for and against the motion;
(b)	unmarked; or
(c)	void for uncertainty.

(9) For the purposes of this Act —

(a)	all windows of a lot, proposed lot or non‑strata lot that are located on any exterior wall of the lot, proposed lot or non‑strata lot (as the case may be), being either louvres, casement windows, sliding windows or windows with any movable part, are part of the lot, proposed lot or non‑strata lot (as the case may be) and not common property; and
(b)	all other windows of a lot, proposed lot or non-strata lot that are located on any exterior wall of the lot, proposed lot or non-strata lot (as the case may be) are common property, unless otherwise described in a strata title plan.

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