8. The principal Act is amended by inserting, immediately after section 84, the following Part:“PART VA COLLECTIVE SALE OF PROPERTY |
Application for collective sale of parcel by majority of subsidiary proprietors who have made conditional sale and purchase agreement |
84A.—(1) An application to a Board for an order for the sale of all the lots and common property in a strata title plan with more than 10 lots may be made by —(a) | the subsidiary proprietors of the lots with not less than 90% of the share values where less than 10 years have passed since the date of the issue of the latest Temporary Occupation Permit on completion of the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the strata title plan, whichever is the later; or | (b) | the subsidiary proprietors of the lots with not less than 80% of the share values where 10 years or more have passed since the date of the issue of the latest Temporary Occupation Permit on completion of the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the strata title plan, whichever is the later, |
who have agreed in writing to sell all the lots and common property in the strata title plan to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the sale proceeds to all the subsidiary proprietors, subject to an order being made under subsection (6) or (7). |
(2) The subsidiary proprietors referred to in subsection (1) shall appoint not more than 3 persons (jointly and severally) from among themselves to act as their authorised representatives in connection with any application made under that subsection. |
(3) No application may be made under subsection (1) by the subsidiary proprietors referred to in that subsection unless they have complied with the prescribed requirements and provided an undertaking to pay the costs of the Board under subsection (5). |
(4) A subsidiary proprietor of any lot in the strata title plan who has not agreed in writing to the sale referred to in subsection (1) and any mortgagee, chargee or other person with an estate or interest in the land and whose interest is notified on the land register for that lot may each file an objection with a Board stating the grounds for the objection within 21 days of the date of the notice served pursuant to this section or such further period as the Board may allow. |
(5) The Board shall have power —(a) | to mediate in any matter arising from an application made under subsection (1); and | (b) | to call for a valuation report or other report and to require the subsidiary proprietors referred to in subsection (1) to pay for the costs. |
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(6) After mediation, if any, and considering the matters raised in the objection filed under subsection (4), the scheme and intent of this section, the interests of all the subsidiary proprietors and all the circumstances of the case, the Board may refuse the application or approve the application and order that the lots and common property in the strata title plan be sold. |
(7) If no objection has been filed under subsection (4), the Board shall order that the lots and common property in the strata title plan be sold. |
(8) The Board may make all such other orders and give such directions as may be necessary or expedient to give effect to any order made under subsection (6) or (7). |
(9) The Board may, at any time it thinks fit, extend, vary, revoke or discharge any order made under this section, and may vary any term or condition upon or subject to which any such order has been made. |
(10) A notice sent by registered post under this section or any regulation made for the purposes of this section to —(a) | a subsidiary proprietor at the address as recorded in the strata roll; | (b) | a management corporation at its address under section 55; or | (c) | any mortgagee, chargee or other person with an estate or interest in the land notified on the land register at its registered address in the case of a corporation or otherwise at its last recorded address at the Land Titles Registry, |
shall be deemed to be duly served on the person to whom it is addressed 2 days after the day on which the notice was posted by registered post, notwithstanding the fact that the letter may be returned by the post office as undelivered. |
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(11) For the purposes of this section, “subsidiary proprietor” includes a successor in title. |
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84B.—(1) Where a Board has made an order under section 84A(6) or (7) —(a) | the order shall bind all the subsidiary proprietors of the lots in the strata title plan who have not agreed in writing to sell their lots and shares in the common property; | (b) | the order shall bind the successors in title and assigns of all the subsidiary proprietors of the lots in the strata title plan and any mortgagee, chargee or other person with an estate or interest in the land; | (c) | the subsidiary proprietors of the lots referred to in section 84A(1) shall sell the lots and common property in accordance with the sale and purchase agreement; and | (d) | a lease affecting any of the lots in the strata title plan (other than a lease held by a subsidiary proprietor) shall, if there is no earlier agreed date, determine on the date on which vacant possession is to be given to the purchaser of the lots and common property. |
(2) Nothing in subsection (1)(d) shall prejudice the rights of any lessee of a subsidiary proprietor to compensation from the subsidiary proprietor. |
(3) The subsidiary proprietors of the lots referred to in subsection (1)(a) and any mortgagee, chargee or other person with an estate or interest in the land for those lots shall, for the purposes of the sale of the lots and common property, produce the certificates of title for the lots to the person having conduct of the sale or to his solicitor. |
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Power of Board to appoint person to act for certain subsidiary proprietor |
84C.—(1) Where a Board has made an order under section 84A(6) or (7), the Board may, on application by the representatives of the subsidiary proprietors appointed under section 84A(2), appoint any person to deal with all matters in connection with the sale of any lot —(a) | where the subsidiary proprietor of the lot has died and no personal representative has been appointed; or | (b) | in such other case as the Board thinks fit. |
(2) The Board may authorise the person appointed under subsection (1) to act for the subsidiary proprietor concerned in all aspects of the sale, including the redemption of mortgages and charges, the execution of the transfer, the receipt of moneys, the settlement of encumbrances on the lot, applying for a replacement or subsidiary certificate of title, giving valid receipts thereof and as soon as practicable paying the remaining moneys into court under section 65 of the Trustees Act (Cap. 337). |
(3) The execution of any instrument in respect of any lot by the person appointed under subsection (1) shall have the same force and validity as if it had been executed by the subsidiary proprietor in whom the lot is vested. |
(4) When the transfers of the lots in the strata title plan are lodged for registration under this Act, the authorised representatives or the solicitor acting for the subsidiary proprietors or the person appointed under subsection (1) shall certify in such form as the Registrar may approve that the provisions of section 84A have been complied with; and the certificate in favour of the purchaser of the lots and common property and the Registrar shall be conclusive evidence of the facts stated therein. |
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Application for collective sale of parcel not registered under Act by majority of proprietors where proprietors of flats own the land |
84D.—(1) This section shall apply where there are subsisting leases of flats in a development with more than 10 flats registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157) and the proprietors of the flats own the land comprised in the development.(2) An application to a Board for an order for the sale of all the flats and the land in a development to which this section applies may be made by —(a) | the proprietors of the flats who own not less than 90% share of the land where less than 10 years have passed since the date of the issue of the latest Temporary Occupation Permit on completion of the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the development, whichever is the later; or | (b) | the proprietors of the flats who own not less than 80% share of the land where 10 years or more have passed since the date of the issue of the latest Temporary Occupation Permit on completion of the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the development, whichever is the later, |
who have agreed in writing to sell all the flats and the land in the development to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the sale proceeds to all the proprietors of the flats, subject to an order being made under subsection (4) or (5). |
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(3) A proprietor of any flat in the development who has not agreed in writing to the sale referred to in subsection (2) and any mortgagee or chargee whose interest is shown on the land register for that flat may each file an objection with a Board stating the grounds for the objection within 21 days of the date of the notice served pursuant to this section or such further period as the Board may allow. |
(4) After mediation, if any, and considering the matters raised in the objection filed under subsection (3), the scheme and intent of this section, the interest of all the proprietors and all the circumstances of the case, the Board may refuse the application or approve the application and order that the flats and the land in the development be sold. |
(5) If no objection has been filed under subsection (3), the Board shall order that the flats and the land in the development be sold. |
(6) Sections 84A(2), (3), (5), (8), (9) and (10)(c), 84B and 84C shall apply, with the necessary modifications, to any application or order made under this section, including the modification that section 84A(10)(c) shall apply to any proprietor of a flat. |
(7) For the purposes of this section —“development” means any parcel of land with one or more buildings where the parcel is owned by the proprietors of the flats; |
“proprietor” includes a successor in title. |
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Application for collective sale where proprietors of flats own leasehold estate of at least 999 years or other estate in flats not registered under Act but do not own the land |
84E.—(1) This section shall apply where there are subsisting leases of flats in a development with more than 10 flats registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157) for a leasehold estate of 999 years or more or for such other estate as the Minister may, by notification in the Gazette, specify and where the proprietors of the flats do not own the land comprised in the development.(2) The proprietors of 25% of the flats to which this section applies may apply to the Registrar for notional shares in the land to be assigned to each of the flats based on the method used by the Commissioner for the allocation of share values. |
(3) An application to a Board for an order for the sale of all the flats and the land in a development to which this section applies may be made by —(a) | the proprietors of the flats who own not less than 90% notional share of the land where less than 10 years have passed since the date of the issue of the latest Temporary Occupation Permit on completion of the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the development, whichever is the later; or | (b) | the proprietors of the flats who own not less than 80% notional share of the land where 10 years or more have passed since the date of the issue of the latest Temporary Occupation Permit on completion of the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the development, whichever is the later, |
who have agreed in writing to sell all the flats in the development to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the sale proceeds to all the proprietors of the flats, subject to an order being made under subsection (6) or (7). |
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(4) The proprietors of the flats referred to in subsection (3) shall also serve a copy of the notice to be served pursuant to this section on the proprietor of the land, the mortgagees or chargees or other persons with an estate or interest in the land and whose interests are notified on the land register for that land. |
(5) A proprietor of any flat in the development who has not agreed in writing to the sale referred to in subsection (3) and any mortgagee, chargee or other person with an estate or interest in the land whose interest is shown on the land register for that flat may each file an objection with a Board stating the grounds for the objection within 21 days of the date of the notice served pursuant to this section or such further period as the Board may allow. |
(6) After mediation, if any, and considering the matters raised in the objection filed under subsection (5), the scheme and intent of this section, the interests of all the proprietors of the flats and all the circumstances of the case, the Board may refuse the application or approve the application and order that the flats and the land in the development be sold. |
(7) If no objection has been filed under subsection (5), the Board shall order that the flats and the land in the development be sold. |
(8) Where a Board has made an order for the sale of the flats and the land, the proprietor of the land shall be deemed to have transferred his estate and interest in the land to the purchaser without consideration upon the registration by the Registrar of the transfers of all the flats (except the flats owned by the proprietor of the land) in the development and the Registrar shall enter a notification of the vesting of the land in the purchaser on the land register. |
(9) The proprietors of the flats who are deemed to have agreed to sell, the proprietor of the land, a mortgagee, chargee or other person with an estate or interest in the land, where applicable, shall produce the title deeds for the flats or the land to the person having conduct of the sale or to his solicitor. |
(10) If the title deeds for the flats or the land are not produced under subsection (9), the person having conduct of the sale shall not be required to produce to the purchaser any title deed other than a certified true copy of the title deed or a subsidiary certificate of title. |
(11) Where the registered proprietor of the land in a development referred to in subsection (1) has granted leases for some but not all the flats in the development, he shall be deemed to be the proprietor of the flats which are still owned by him. |
(12) Section 84D(6) shall apply, with the necessary modifications, to any application or order made under this section, including the modification that section 84A(10)( c) shall apply to any proprietor of a flat and the proprietor of the land. |
(13) For the purposes of this section —“development” means any parcel of land with one or more buildings; |
“proprietor” includes a successor in title. |
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Application for collective sale by all proprietors of flats who own leasehold estate of at least 999 years or other estate in flats not registered under Act but do not own the land |
84F.—(1) This section shall apply where there are subsisting leases of flats registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157) for a leasehold estate of 999 years or more or for such other estate as the Minister may, by notification in the Gazette, specify and where the proprietors of the flats do not own the land comprised in the development.(2) Where the proprietors of all the flats in a development to which this section applies agree in writing to sell all their flats to a purchaser, they shall serve a notice on the proprietor of the land and the mortgagees, chargees or other persons with an estate or interest in the land notified on the land register at least 21 days before the date of the first transfer of any such flat informing them of the transfer under subsection (3). |
(3) The proprietor of the land referred to in subsection (2) shall be deemed to have transferred his estate and interest in the land to the purchaser without consideration upon the registration by the Registrar of the transfers of all the flats in the development and the Registrar shall enter a notification of the vesting of the land in the purchaser on the land register. |
(4) A notice sent by registered post under this section to a proprietor of the land, his mortgagee, chargee or other person with an estate or interest in the land notified on the land register at the address or at its last registered address in the case of a company registered under the Companies Act (Cap. 50) or otherwise at its last recorded address at the Registry of Titles or the Registry of Deeds, as the case may be, shall be deemed to be duly served on the person to whom it is addressed 2 days after the day on which the notice was posted by registered post, notwithstanding the fact that the letter may be returned by the post office as undelivered. |
(5) When the transfers of the flats to which this section applies are lodged for registration with the Registrar, the solicitors acting for the proprietors of the flats shall certify in such form as the Registrar may determine that the provisions of this section have been complied with, and the certificate in favour of the purchaser and the Registrar shall be conclusive evidence of the facts stated therein. |
(6) Section 84E(9), (10), (11) and (13) shall apply, with the necessary modifications, to a development to which this section applies.”. |
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