Building Maintenance and Strata Management Act 2004
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
Part 2 APPOINTMENT OF OFFICERS
3 Appointment of Commissioner of Buildings and other officers
4 Commissioner and officers deemed to be public servants
Part 3 MAINTENANCE OF BUILDINGS
4A Interpretation of this Part
5 Application of this Part
6 Commissioner may require building owner, etc., to carry out repairs, etc.
6A Recovery of expenses
7 Deposit by building owner, etc.
8 Appeal against notice to repair
9 Unsafe exterior feature
Part 4 DEALINGS IN STRATA SUBDIVIDED BUILDINGS
10 Application of this Part and meaning of "sale"
11 Schedule of strata units must be accepted by Commissioner before sale can start
12 Schedule of strata units not to be changed once accepted
13 Exceptions to section 11 prohibition
14 Offences
Part 5 MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
Division 1 — Management by owner developer before management corporation constituted
15 Application of this Division
16 Developer to establish maintenance funds
17 Duties of owner developer as regards maintenance funds
18 No collection of maintenance charges without Commissioner’s approval
19 Commissioner may appoint managing agent for development
20 Powers and duties of managing agent appointed by Commissioner
21 Owner developer not to be relieved of obligations to carry out repairs, etc.
22 Failure by purchaser to pay maintenance charges
23 Owner developer’s duties on constitution of management corporation
Division 2 — Management corporations and common property
24 Constitution of management corporation
25 Common seal of management corporation
26 First annual general meeting of management corporation
27 Meetings, other than first annual general meeting, of management corporation
28 Management corporation’s address
29 Duties and powers of management corporation in respect of property
30 Powers of management corporation to carry out work
31 Powers of entry of management corporation
32 By-laws for common property
33 Exclusive use by-laws
34 Dispositions and additions to, etc., common property
34A Ordinary resolution for installation, etc., of fixed EV chargers in common property
35 Creation of easements by management corporation
36 Application by subsidiary proprietor to court regarding common property
37 Improvements and additions to lots
37A Installation of safety equipment permitted
38 Management funds and sinking funds
39 Management corporation to determine contributions by subsidiary proprietors
40 Contributions by subsidiary proprietors
41 Additional or variation of contributions
42 Contributions payable before first annual general meeting
43 Recovery of contribution from sale of lot
44 Liability of members for debts of management corporation
45 Audit of accounts of management corporation
46 Strata roll
47 Supply of information, etc., by management corporations
47A Display of award of compensation for acquisition, etc.
48 Records, etc., of management corporation
49 Restrictions on management corporation’s powers during initial period
50 Permitted alterations to common property during initial period
51 Commissioner’s power to authorise certain acts during initial period
52 Appeal against Commissioner’s decision
Division 3 — Councils
53 Council of management corporation
53A Councils for mixed‑use developments
53B Nomination of candidates for election as member
54 Vacation of office of member of council
55 Chairperson, secretary and treasurer of council
56 Duties of secretary of council
57 Duties of treasurer of council
58 Council’s decisions to be decisions of management corporation
59 Restrictions imposed on council by management corporation
60 Disclosure of interests in contracts, property, offices, etc.
61 Duty and liability of council members and officers
Division 4 — Subsidiary proprietors and occupiers
62 Share values
63 Duties of subsidiary proprietors and other occupiers of lots
64 Individuals may act for corporate subsidiary proprietors and mortgagees
65 Notices to be given by subsidiary proprietors and mortgagees
Division 5 — Managing agents
66 Appointment of managing agent of management corporation
67 Delegated duty and liability of managing agent
68 Prohibited activity for managing agent
Division 6 — Insurance
69 Interpretation of this Division
70 Insurance of subdivided buildings
71 Further insurance by management corporation
72 Insurance by subsidiary proprietor
73 Insurance of mortgaged lot
74 Rebuilding
75 Insurable interest of management corporation
Division 7 — Subsidiary management corporations and limited common property
76 Application of this Division
77 Limited common property and subsidiary management corporations allowed
78 Creation, etc., of limited common property
79 Subsidiary management corporation and its functions
80 Administration of subsidiary management corporation
81 Expenses of subsidiary management corporation
82 By-laws for limited common property
83 Judgments against management corporation relating to limited common property
Division 8 — Termination of strata scheme
84 Termination of management corporation, etc.
Division 9 — Miscellaneous
85 Management corporation, etc., may represent subsidiary proprietors in proceedings
85A Limited right to representation by management corporation in non‑lot acquisition
86 Management corporation’s power to take proceedings as agent for subsidiary proprietor in case of certain structural defects
87 Costs in proceedings by subsidiary proprietors against management corporation, etc.
88 Breaches of this Part
Part 6 DISPUTES AND STRATA TITLES BOARDS
Division 1 — Strata Titles Boards
89 Strata Titles Boards
90 President, etc., and panel
91 Protection of Board members
92 Proceedings of Board
93 Continuation of hearing
94 Representation before Board
95 Board has no jurisdiction regarding title to land
96 Witnesses may be summoned by Board
97 Board may administer oath or affirmation
98 Appeal to General Division of High Court on question of law
99 Officers of Boards
100 Allowances
Division 2 — Types of orders by Board
101 General power to make orders to settle disputes or rectify complaints, etc.
102 Order to convene meetings
103 Order to invalidate proceedings
104 Order where voting rights denied or due notice of item of business not given
105 Order revoking amendment of by-law
106 Order invalidating purported by-law
107 Order varying certain rates of interest
108 Order varying contributions, etc.
109 Order varying amount of insurance
110 Order to make or pursue insurance claim
111 Order with respect to consents affecting common property
112 Order appointing managing agent to perform certain powers
113 Order to supply information or documents
114 Order for entry to lot
115 Order to resolve dispute between management corporations and subsidiary management corporations, etc.
Division 3 — Miscellaneous
116 Board’s power to dismiss certain applications
117 General provisions relating to orders
118 Interim orders
119 Effect of orders on notice
120 Enforcement and penalty for contravention of orders
Part 7
121 (Repealed)
122 (Repealed)
Part 8 GENERAL
123 Other rights and remedies not affected by this Act
124 Legal proceedings
125 Corporate offenders and unincorporated associations
126 Monitoring powers of Commissioner
127 Supply of false or misleading information to Commissioner
128 General penalties
129 Service of notices
129A Inaccuracies in notices, etc.
130 Jurisdiction of court
131 Composition of offences
132 Protection from liability
133 Application to Government
134 Exemption
135 Amendment of Schedules
136 Regulations
137 Saving and transitional provisions due to repeal of Buildings and Common Property (Maintenance and Management) Act (Cap. 30, 2000 Revised Edition)
138 Saving and transitional provisions due to amendments to Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition)
139 Saving and transitional provisions
Legislative History
Abbreviations
Comparative Table