HUDC Housing Estates (Amendment) Act 1985 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 7]

Friday, January 31

[1986

The following Act was passed by Parliament on 10th January 1986 and assented to by the President on 22nd January 1986:—

HUDC Housing Estates (Amendment) Act 1985

(No. 6 of 1986)

I assent.

WEE KIM WEE

President.

22nd January 1986.

Date of Commencement: 31st January 1986

An Act to amend the HUDC Housing Estates Act 1984 (No. 19 of 1984).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the HUDC Housing Estates (Amendment) Act 1985 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the HUDC Housing Estates Act 1984 (referred to in this Act as the principal Act) is amended by deleting the definition of “common property” and substituting the following definition:

“ “common property”, in relation to the subdivided buildings in a housing estate, means so much of the land leased by the Board to all the owners of the flats in the housing estate as tenants-incommon not being comprised in any flat in the estate leased by the Board to any person and includes —

(a)	the foundations, columns, beams, supports, walls, roofs, lobbies, corridors, stairs, stairways, fire escapes, entrances and exits of the buildings;
(b)	the roof and storage spaces;
(c)	the central and appurtenant installations for services such as power, light, gas and water;
(d)	escalators, lifts, water-tanks, pumps, motors, fans, compressors, ducts and all other apparatus and installations existing for common use;
(e)	all the common facilities in the housing estate built for the use or enjoyment of the residents of the estate;
(f)	car parks, recreational facilities, gardens and parking areas;
(g)	directional signs and sign boards, guardhouse and facilities for security guards; and
(h)	all other parts of the land intended for the use or enjoyment of all the residents of the housing estate;”.

Amendment of section 7

3. Section 7 of the principal Act is amended by inserting, immediately after subsection (4), the following subsection:

“(5) Any person who commits a breach of any of the by-laws in the Second Schedule or makes default in complying with any of the said by-laws, and every member who is knowingly a party to the breach or default, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.”.

Amendment of section 8

4. Section 8 of the principal Act is amended by deleting subsection (2) and substituting the following subsection:

“(2) Contributions levied by a body corporate shall be levied in respect of each flat in the housing estate concerned and shall be payable, subject to this section, by the owners of the flats and the amount of contributions payable by the owner of a flat which is permitted under the Planning Act (Cap. 279) to be used for non-residential purposes shall be twice the amount of the contributions payable by the owner of a flat which is permitted under the Planning Act to be used solely for residential purposes.”.

Amendment of section 25

5. Section 25 of the principal Act is amended —

(a)

by deleting subsection (1) and substituting the following subsection:

“(1) Where the chairman, secretary and treasurer of the committee have not been appointed by the body corporate in a general meeting, the members of the committee shall, at the first meeting of the committee after they assume office as such members, appoint the chairman, secretary and treasurer of the committee.”;

(b)

by deleting paragraph (c) of subsection (3) and substituting the following paragraph:

“(c)	another person is appointed by the committee or by the body corporate in a general meeting to hold that office,”; and

(c)

by inserting, immediately after subsection (3), the following subsections:

“(3A) Notwithstanding anything contained in this Act, a person appointed to an office referred to in subsection (1) shall not resign or vacate his office until another person is appointed by the body corporate in a general meeting or by the committee to hold that office and any purported resignation or vacation of office in breach of this subsection shall be deemed to be invalid.

(3B) Subsection (3A) shall not apply where a member of the committee is required to resign or vacate his office —

(a)	if, where he was the owner of a flat at the time of his appointment or election, he ceases to own the flat;
(b)	if, where he was the nominee of a company, which is the owner of a flat, the company ceases to own the flat.”.

Amendment of section 27

6. Section 27 (3) of the principal Act is amended by deleting the word “council” in the third line and substituting the word “committee”.

Amendment of section 38

7. Section 38 (1) of the principal Act is amended by deleting the word “council” in the fifth line and substituting the word “committee”.

Amendment of section 42

8. Section 42 of the principal Act is amended by inserting, immediately after the word “the” in the second line, the word “First,”.

New section 44A

9. The principal Act is amended by inserting, immediately after section 44, the following section:

“Board may lease the land to the lessees of all the flats in a housing estate

44A.—(1) The Board may lease the whole or part of any land on which a housing estate is erected to the lessees of all the flats in the housing estate as tenants-in-common in equal shares for a nominal sum of one dollar for a term of years which runs concurrently with the unexpired term of the leases issued for the flats in the housing estate.

(2) A lease executed by the Board pursuant to subsection (1) shall be in such form as the Registrar may require and contain such terms and conditions which are, insofar as it is practical, identical to the terms and conditions of the leases for the flats in the housing estate.

(3) The lessees of all the flats in a housing estate shall be deemed to have accepted a lease referred to in subsection (1) when it has been executed by the Board.

(4) Where the land on which a housing estate is erected or any part thereof is leased to the lessees of all the flats in the housing estate pursuant to subsection (1), no share of the estate or interest in the land shall be disposed of except as appurtenant to the flat of the registered lessee who is the lessee of an undivided share in the land, and any assignment of a leasehold estate or an interest in the flat shall operate to pass the assignor’s registered estate or interest in the undivided share in the land to his assignee.”.

Amendment of section 45

10. Section 45 of the principal Act is amended by deleting subsection (1) and substituting the following subsection:

“(1) Commencing from the date a body corporate is established pursuant to an order made by the Minister under section 3(1), the owners of the flats in the housing estate concerned —

(a)	which are permitted under the Planning Act (Cap. 279) to be used solely for residential purposes shall pay to the body corporate the sum of $75 per month; and
(b)	which are permitted under the Planning Act to be used for non-residential purposes shall pay to the body corporate the sum of $150 per month,

as their contributions to the management fund of the body corporate and the contributions shall be payable in advance on the first day of each month.”.

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