Land Titles (Strata) (Amendment) Bill

Bill No. 29/1974

Read the first time on 23rd October 1974.

An Act to amend the Land Titles (Strata) Act (Chapter 277 of the Revised Edition) and to make consequential amendments to the Buildings and Common Property (Maintenance and Management) Act, 1973 (No. 23 of 1973).

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 Land Titles (Strata) (Amendment) Act, 1974 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 3

2. Section 3 of the Land Titles (Strata) Act (hereinafter in this Act referred to as “the principal Act”) is hereby amended —

(a)

by inserting immediately above the definition of “assurance” appearing therein the following new definition: —

“ “accessory lot” means a lot intended for separate proprietorship and use with any other specified lot or lots for any purpose;”;

(b)

by deleting the definition of “building” appearing therein and substituting therefor the following: —

“ “building” includes any building partially completed, or any building to be erected, within a stratum shown or specified in any strata subdivision plan submitted to the relevant authority for approval;”;

(c)

by inserting immediately after the definition of “building” appearing therein the following new definition: —

“ “Commissioner” means the Commissioner of Buildings appointed under section 3 of the Buildings and Common Property (Maintenance and Management) Act, 1973 (Act 23 of 1973);”;

(d)

by deleting the definition of “common property” appearing therein and substituting therefor the following: —

“ “common property” —

(a)

in relation to subdivided buildings in an approved plan bearing the title of “condominium” and issued by the relevant authority, means so much of the land for the time being not comprised in any lot shown in a strata title plan or in any parts of any building unit (partially erected or to be erected) intended to be included as lots in a strata title plan to be lodged with the Registrar after strata subdivision of the building unit has been approved by the relevant authority;

(b)

in relation to any subdivided building which is comprised in any plan approved by the relevant authority other than a plan bearing the title of “condominium”, means so much of the land for the time being comprised in a strata title plan as is not comprised in any lot shown therein; and

(c)

means all common property in a strata title plan irrespective of whether it has been particularly described in a strata title plan and includes —

(i)	foundations, columns, gardens and external beams, supports, main walls, roofs, walls, lobbies, corridors, stairs, stairways, fire escapes, entrances, exits of the building or buildings;
(ii)	the basement car parks, recreational or community facilities, common gardens, parking areas, roofs, and common storage spaces;
(iii)	central and appurtenant installations for services such as power, light, gas, hot and cold water, heating, refrigeration, and air-conditioning and incinerators;
(iv)	escalators, lifts, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use;
(v)	all facilities described as common property in any plan approved by the relevant authority for a condominium development and all facilities which may be shown in a legend of a strata title plan as common property; and
(vi)	all other parts of the land not comprised in any lot necessary or convenient to the existence and maintenance and for the reasonable common use and safety of the common property;”;

(e)

by inserting immediately after the definition of “flat” appearing therein the following new definition: —

“ “land” includes land of any tenure, any building or parts thereof, so much of the air-space above the surface as may be reasonably used or enjoyed by any proprietor, and all substances thereunder, whether or not held apart from the surface, and any estate or interest therein;”;

(f)

by deleting the definition of “lot” appearing therein and substituting therefor the following: —

“ “lot” means a stratum which is shown as a lot on a strata title plan, and includes a lot specified as an accessory lot on any such plan;”;

(g)

by deleting the definition of “management corporation” appearing therein and substituting therefor the following: —

“ “management corporation”, in relation to any one or more subdivided buildings shown on a strata title plan, means the management corporation established for those buildings;”;

(h)

by deleting the definition of “parcel” appearing therein and substituting therefor the following: —

“ “parcel” means the whole of the registered land having a government survey lot number and comprised in a strata title plan;”;

(i)

by inserting immediately after the definition of “parcel” appearing therein the following new definitions: —

“ “provisional lot” means a lot within which one or more buildings or parts of any building are to be erected or completed and is shown as a provisional lot in a strata title plan and in any other record maintained by the Registrar;

“provisional share value” means the share value allotted to each provisional lot shown in a strata title plan and lodged with the Registrar;”;

(j)

by deleting the words “a lease from the Government” appearing in the sixth and seventh lines of the definition of “registered land” therein and substituting therefor the words “any other lease”;

(k)

by inserting immediately after the definition of “Registrar” appearing therein the following new definitions: —

“ “relevant authority” means any one or more Government or statutory authorities empowered to approve plans for development or subdivision of any land or plans relating to the construction of any building under the Planning Act (Cap. 279) or under any other written law and includes the competent authority;

“special resolution” means a resolution passed at a meeting of the management corporation, of which at least fourteen days’ notice specifying the proposed special resolution has been given, by those persons entitled to exercise the powers of voting conferred by or under this Act either personally or by proxy who are together entitled to, or represent those entitled to, not less than three-quarters of the share units and who together constitute or represent those constituting not less than three-quarters of the membership;

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

(l)

by inserting immediately after the definition of “strata title plan” appearing therein the following new definition: —

“ “stratum” means any part of land consisting 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;”;

(m)

by deleting the definition of “subsidiary proprietor” appearing therein and substituting therefor the following: —

“ “subsidiary proprietor” means the registered proprietor for the time being of a lot having a leasehold or freehold interest in the lot but shall not include a proprietor of a leasehold estate created by a lease registered under this Act having an unexpired term of less than twenty-one years computed as from the date of lodgement of the lease with the Registrar;”;

(n)

by deleting the definition of “subdivided building” appearing therein and substituting therefor the following: —

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

(o)

by inserting immediately after the definition of “share units” appearing therein the following new definition: —

“ “strata units” means the units allotted to any building or buildings approved for development by the relevant authority and shown in a schedule of strata units to be filed with the Commissioner and the Registrar;”; and

(p)

by deleting the definition of “unanimous resolution” appearing therein and substituting therefor the following: —

“ “unanimous resolution” means a resolution unanimously passed at a duly convened meeting of the management corporation at which all persons entitled to exercise the powers of voting conferred by or under this Act are present either personally or by proxy at the time of motion.”.

Repeal and re-enactment of section 6

3. Section 6 of the principal Act is hereby repealed and the following substituted therefor: —

“Dealings with subdivided building

6.—(1) Subject to the provisions of this section and except in the case where pursuant to section 13 of the Land Titles Act (Cap. 276) the Registrar has directed that any building may be dealt in parts under the provisions of the Registration of Deeds Act (Cap. 281), no assurance (except reconveyances or discharges of subsisting mortgages or charges) disposing of any part of a subdivided building shall be registered under the Land Titles Act or the Registration of Deeds Act and the Registrar or the Registrar of Deeds, as the case may be, shall have the power to refuse to register that assurance or, where the assurance has been registered in contravention of this subsection, cancel that registration upon the discovery thereof.

(2) An assurance disposing of any part of a subdivided building may be lodged for registration under the provisions of this Act where —

(a)	a strata title plan duly certified in accordance with the provisions of section 8 of this Act together with an application for the issue of subsidiary strata certificates of title has been lodged with the Registrar; and
(b)	the Registrar has registered the strata title plan and application lodged pursuant to paragraph (a) of this subsection and has issued the subsidiary strata certificates of title applied for in the application.

(3) The provisions of this section shall not apply to any building or class of buildings specified by the Minister by notification in the Gazette.

(4) Subject to the provisions of sections 32C and 32D of this Act, the provisions of this section shall not apply to any building where, at the date of commencement of the Land Titles (Strata) (Amendment) Act, 1974, a flat forming part of that building has been disposed of by the proprietor thereof by a lease registered under the Land Titles Act or the Registration of Deeds Act, and the registered leasehold interest is vested in any person other than the proprietor.

(5) In this section —

“assurance” includes any transaction to be registered under the Land Titles Act;

“Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act.”.

New section 6A

4. The principal Act is hereby amended by inserting immediately after section 6 thereof the following new section: —

“Schedule of strata units to be filed with the Commissioner and the Registrar

6A.—(1) Where planning permission has been granted on or after the date of commencement of the Land Titles (Strata) (Amendment) Act, 1974 by the relevant authority in respect of proposed development of land intended for strata subdivision (after the completion of any building thereon) the registered proprietor thereof shall file with the Commissioner and the Registrar, within thirty days of the date of issue of the approved building plan for the development of the land by the relevant authority, a copy of a schedule of strata units showing the proposed share units to be allotted to each building or buildings to be erected on the said land.

(2) Every contract for sale relating to a building, subdivided building or flat shown in the schedule of strata units filed with the Commissioner and the Registrar pursuant to subsection (1) of this section shall be deemed to have included therein a term that the share unit or share units shown in the schedule of strata units as allotted to the building, subdivided building or flat sold shall not be varied except as agreed upon by the purchaser or purchasers affected by any proposed variation and any such variation of strata units shall be filed with the Commissioner and the Registrar within fourteen days of the date of such variation.

(3) Any person who fails to comply with the provisions of subsection (1) or (2) of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars and to a further fine of one hundred dollars for each day after the first day during which the offence is continued after conviction.”.

Repeal and re-enactment of section 8

5. Section 8 of the principal Act is hereby repealed and the following substituted therefor: —

“Strata title plan and other accompanying documents

8.—(1) Every strata title plan shall include an index plan and a storey plan.

(2) Each index plan shall —

(a)

delineate the external surface boundaries and boundary marks of the proposed parcel and the position of each subdivided building thereon fixed in relation to the surface boundaries;

(b)

specify the Government survey lot number, Mukim or Town Subdivision of the parcel, the surveyed area thereof, and the certificate of title comprising the parcel;

(c)

include a vertical section of the subdivided building showing —

(i)	the floors and ceilings of each storey; and
(ii)	the height of each storey; and

(d)

include a legend, as well as the vertical section and dimensions, of each building or parts thereof proposed to be erected within the parcel as a separate tenement or an extension of any completed subdivided building, in accordance with building plans and subdivision plans approved by the relevant authority.

(3) Each storey plan shall —

(a)	delineate, subject to the provisions of subsections (5) and (6) of this section, each proposed lot and define the boundaries thereof by reference to floors and walls showing the horizontal dimensions, without it being necessary to show any bearing;
(b)	distinguish each storey by an index letter in relation to the survey lot number of the parcel and specify the lots in each storey in relation to the number of the storey;
(c)	show the approximate floor area of each lot; and
(d)	delineate the external boundaries and show the horizontal dimensions without it being necessary to show any bearing of each building or parts thereof proposed to be erected within the parcel as a separate tenement or an extension of any completed subdivided building or buildings in accordance with building plans (if any) and subdivided plans approved by the relevant authority.

(4) Every strata title plan shall show a legend of —

(a)	all common property; and
(b)	all accessory lots and specify therein the lots they are made appurtenant to, irrespective of whether the accessory lots are contiguous to these specified lots.

(5) Where an accessory lot consists of a building or parts thereof and is bounded by external walls, floors and ceilings, the dimensions and boundaries of such accessory lot shall be shown in the strata title plan in accordance with the requirements of subsections (2) and (3) of this section.

(6) Where an accessory lot does not consist of a building or parts thereof —

(a)	the external boundaries of the accessory lot shall be ascertained from the building plans and the subdivision plans approved by the relevant authority, and the accessory lot shall be unlimited in its vertical dimensions except to the extent of any projection above, or encroachment below ground level by another part of the parcel; and
(b)	the strata title plan shall show a diagram of the accessory lot with similar dimensions as those shown on the approved plans mentioned in paragraph (a) of this subsection.

(7) Every strata title plan shall —

(a)	show the share values in whole numbers of each lot and a number equal to the aggregate value entitlement of all the lots and in the case of any provisional lot or lots the quantum of provisional share value shall similarly be shown therein for the provisional lot or lots;
(b)	have endorsed upon it the address at which documents may be served on the management corporation in accordance with section 26 of this Act; and
(c)	contain such other particulars as may be prescribed by rules made under this Act.

(8) Unless otherwise stipulated in the strata title plan, the common boundary on any lot with another lot or with the common boundary shall be the centre of the floor, wall or ceiling, as the case may be.

(9) No plan lodged as a strata title plan shall be registered unless —

(a)

the plan has been endorsed with —

(i)	a certificate of a surveyor registered under the Land Surveyors Act (Cap. 216) that all buildings and all lots shown in the strata title plan in relation to the external surface boundaries of the parcel are within the parcel and are in compliance with building plans (if any) and subdivision plans issued by the relevant authority;
(ii)	the certificate of the Chief Surveyor or any other officer duly appointed to approve strata title plans on his behalf that such strata title plan has been approved by or on behalf of the Chief Surveyor and a copy thereof has been lodged in the Survey Office;

(b)

the plan is accompanied by a copy of the relevant strata subdivision plan approved by the relevant authority; and

(c)

the share value of each proposed lot has been entered in the plan in compliance with the provisions of section 17 of this Act.”.

New section 8A

6. The principal Act is hereby amended by inserting immediately after section 8 thereof the following new section: —

“Plan of redevelopment

8A.—(1) Where a strata title plan has been registered and a subsidiary proprietor has obtained approval for subdivision of his lot of for amalgamation with another lot from the relevant authority, the subsidiary proprietor may lodge a strata title plan of redevelopment for registration with the Registrar.

(2) Every strata title plan of redevelopment shall —

(a)	define the boundaries of the new proposed or enlarged lot or lots;
(b)	specify each proposed new lot of enlarged lot by a new number in relation to the number of the storey;
(c)	show the approximate floor area of each lot; and
(d)	show a legend of all proposed new on enlarged lots, specifying which of the new lots are accessory lots, and apportioning thereon among the proposed new lots the value entitlement of the former lot or lots.

(3) On registration of the strata title plan for redevelopment the Registrar, shall make the appropriate amendment and entry on the relevant registered strata title plan and on the volume and folio of the subsidiary strata land-register comprising the lot or lots shown in the strata title plan for redevelopment in regard to the share units and lot numbers of the lot or lot affected.

(4) Except as provided by subsections (1) and (2) of this section, the provisions of section 8 of this Act other than subsections (1) and (2) thereof as well as other provisions of this Act relating to a strata title plan and a lot, shall apply to the strata title plan for redevelopment when registered and any lot shown therein.”.

Amendment of section 9

7. Section 9 of the principal Act is hereby amended by inserting immediately after subsection (3) thereof the following new subsection: —

“(4) The duplicate certificate of title comprising the parcel shall be deposited with the Registrar after the issue of the relevant subsidiary strata certificates of title, and where subsidiary strata certificates of title were issued before the date of commencement of the Land Titles (Strata) (Amendment) Act, 1974, the relating duplicate certificates of title comprising parcels may be forwarded for deposit with the Registrar.”.

New section 9A

8. The principal Act is hereby amended by inserting immediately after section 9 thereof the following new section: —

“Accessory lot

9A.—(1) No accessory lot or any share or estate or interest therein shall be dealt with independently of the lot to which such accessory lot has been made appurtenant as shown on the relevant registered strata title plan.

(2) Any person who deals with any accessory lot or any share, estate or interest therein independently and not made as appurtenant to the lot which such accessory lot is shown on the registered relevant strata title plan as being appurtenant shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars.

(3) Any assurance made in contravention of the provisions of subsection (1) of this section shall not be registered under this Act and any registration thereof shall be null and void and shall not pass any estate or interest in the accessory lot.

(4) Where such assurance has been registered, the Registrar on discovery thereof shall cancel the registration, and no person affected by such cancellation shall be entitled to any compensation from the assurance fund.”.

New section 12A

9. The principal Act is hereby amended by inserting immediately after section 12 thereof the following new section: —

“Easements for light, overhanging eaves and other erected projections

12A.—(1) In respect of each lot and the common property, there shall be implied in favour of the respective proprietor of the dominant tenement and against the respective proprietor of the servient tenement —

(a)	easement for uninterrupted access and use of light to or for any windows, doors or other apertures existing and enjoyed at the date of registration of the relevant strata title plan; and
(b)	the right to maintain and use overhanging eaves and projections existing at the date of registration of the relevant strata title plan.

(2) There shall be implied as appurtenant to the common property and subservient to any lot affected —

(a)	an easement for the provision of any service through any installation in any lot; and
(b)	an easement for support by any lot capable of providing support.

(3) The provisions of this section shall also extend to a lot for which a subsidiary strata certificate of title has been issued before the date of commencement of the Land Titles (Strata) (Amendment) Act, 1974.”.

New sections 15A, 15B, 15C and 15D

10. The principal Act is hereby amended by inserting immediately after section 15 thereof the following new sections: —

“Dispositions of common property

15A.—(1) The subsidiary proprietors may by a special resolution at a meeting convened by the management corporation direct the management corporation to transfer a part of the common property.

(2) The management corporation, if it is satisfied that the resolution was duly passed, and that all persons (other than the subsidiary proprietors) having registered interests in the parcel have consented in writing to the release of those interests in respect of the registered land comprised in the proposed transfer, and that the relevant authority and the Registrar have consented in writing to the proposed transfer so far as it affects subdivision and amalgamation of the land comprised therein shall execute the appropriate instrument and such instrument shall be valid and effective without execution by any person having an interest in the common property, and the receipt of the management corporation for any moneys payable to the management corporation under the instrument is a sufficient discharge, and shall exonerate the person taking under the instrument from seeing to the application or being answerable for any loss or misapplication of the moneys expressed to have been so received.

(3) Every instrument of such transfer lodged for registration shall be endorsed with or accompanied by a certificate in the approved form under the seal of the management corporation that the resolution was duly passed and that all necessary consents were given, and the certificate in favour of purchasers and the Registrar shall be conclusive evidence of the facts stated therein.

(4) Upon registration of the transfer by the Registrar the part of the common property transferred shall be free from such subsisting easements created or implied under the Act and the Registrar shall —

(a)	enter a memorial of the transfer on the folio of the land-register comprising the parcel;
(b)	amend the registered strata title plan in such manner as the Registrar may think fit so as to show thereon the part of the common property which has been transferred; and
(c)	issue to the transferee a certificate of title for the land transferred.

Vesting of part of common property in Government for roads, streets, road reserves, drainage reserves or for any other public use as shown on plans approved by the public authority

15B.—(1) Where any part of land comprised in the common property of a parcel has been demarcated in any plan approved by the relevant authority for roads, streets, road reserves, road widening and drainage reserves or for any other public use, the said part of the common property as demarcated for any of the above purposes shall become vested in the Government upon the lodgement of an instrument of vesting in the approved form by the public authority for registration with the Registrar.

(2) The Registrar, if satisfied that the instrument of vesting relates to part of the common property as shown in the plan approved by the relevant authority for any of the purposes mentioned in subsection (1) of this section and that the instrument has been duly executed and certified by the public authority, shall register the instrument on the relevant folio of the land-register without production of the duplicate instrument, and upon registration thereof the estate or interest in the part of the common property comprised in the instrument of vesting shall vest in the Government for an estate in perpetuity free and discharged from all encumbrances and from any subsisting easements.

(3) On registration of the instrument of vesting the Registrar shall cancel the registration of any mortgage, charge, or lease thereby overreached and make the appropriate entries in the registered strata title plan comprising the common property.

(4) The land thereby vested in the Government shall cease to be subject to the provisions of the Land Titles Act (Cap. 276) and the Registrar shall enter an appropriate notification to that effect on the relevant folio of the land-register, and create a new folio for the balance of the common property which remains vested in the subsidiary proprietors.

Addition to common property

15C.—(1) The subsidiary proprietors may by a special resolution at a meeting convened by the management corporation direct the management corporation to accept a transfer —

(a)	of any land or part thereof, free from any encumbrances except those created by statute and subsisting easements so that such land or part thereof shall form part of the common property in favour of the subsidiary proprietors; or
(b)	with the consent in writing of the relevant authority and the Registrar, of any lot, including the undivided share in the common property appurtenant to that lot, free from any encumbrances except those created by statute and subsisting easements in favour of the subsidiary proprietors of the other lots shown in the same registered strata title plan.

(2) The transfer lodged for registration shall contain a request to the Registrar that such land or part thereof, or the lot transferred, as the case may be, be included as part of the common property.

(3) Upon registration of such transfer the Registrar shall —

(a)	enter a memorial of the transfer on the folio of the land-register and the registered strata title plan comprising the parcel;
(b)	amend the registered strata title plan in such manner as the Registrar may think fit so as to show thereon the transferred land or part thereof or the lot transferred as forming part of the common property, and in the case where the lot is transferred, to delete the share value of that lot shown on the registered strata title plan and decrease the total number of share value equal to the aggregate share entitlement by amending such aggregate number shown on the registered strata title plan; and
(c)	upon such amendment made the Registrar shall notify the Commissioner of the aggregate share entitlement and the consequent share entitlement of each subsidiary proprietor.

(4) The registered transfer shall have the following effect: —

(a)

the subsidiary proprietors shall hold the common property (including the transferred land or lot) as tenants in common proportional to their respective share units determined in accordance with their share value shown on the strata title plan amended pursuant to subsection (3) of this section, and for the same term and tenure and subject to the same covenants, conditions and encumbrances which the subsidiary proprietors held immediately prior to the registration of the transfer, and where any lot is then subject to a registered mortgage, charge, lease or sub-lease, or any other encumbrance, the undivided share in the transferred land or transferred lot forming the additional common property held by the subsidiary proprietor of the said lot shall in all respects be subject to the same mortgage, charge, lease on sub-lease or any other encumbrance without any further assurance; and

(b)

the transferred land or part thereof, on the transferred lot, as the case may be, shall form part of the common property and the provisions of this Act applicable to common property as varied by this section shall apply to such transferred land or lot.

Amalgamation of whole of common property comprised in two or more parcels

15D.—(1) Where there are two or more management corporations established upon the registration of separate strata title plans by the Registrar, the subsidiary proprietors being members of these management corporations (hereinafter in this section referred to as “the transferor management corporations”) may by their respective special resolutions at the meetings convened by the transferor management corporations direct that for the purpose of amalgamating the common property within the parcels which are of the same tenure and held by them as tenants in common in undivided shares the relevant transferor management corporations shall execute an instrument of transfer of these parcels so that such parcels shall become vested as one parcel in all the subsidiary proprietors as tenants in common in so far as these parcels affect the common property, and such common property shall be held in the shares proportionate to their respective share units and for the same term and tenure then held by the subsidiary proprietors in respect of their respective lots prior to the date of the registration of the transfer by the Registrar.

(2) Such transfer shall show the undivided proportionate shares to be held by each subsidiary proprietor named therein and shall be executed by the relevant transferor management corporations.

(3) The procedure laid down in subsections (2), (3) and (4) of section 15A of this Act shall apply, mutatis mutandis, to the transferor management corporations and the subsidiary proprietors of the parcels to be amalgamated under this section.

(4) Upon the amalgamation of the common property pursuant to the registration of the transfer by the Registrar —

(a)	the transferor management corporations shall be amalgamated into a single management corporation (hereinafter in this section called “the transferee management corporation”) which shall be responsible for all matters relating to the management of the subdivided buildings and the common property relating thereto;
(b)	all the members of the transferor management corporations shall be the members of the transferee management corporation;
(c)	all the members of the management councils of the transferor management corporations shall, until a new management council is elected for the transferee management corporation, be the members of the management council of the transferee management corporation;
(d)	all the properties of the transferor management corporations shall be transferred to and vest in, and all the liabilities of the transferor management corporations shall be transferred to and become the liabilities of, the transferee management corporation; and
(e)	all legal proceedings pending by on against the transferor management corporations may be continued by or against the transferee management corporation.

(5) In this section —

(a)	“liabilities” includes duties; and
(b)	“property” includes property, rights and power of every description.

Limitation Act not to extend to common property

15E. No action shall be brought by any person claiming title by adverse possession to the common property of a parcel or to any accessory lot or any part thereof created under this Act and the provisions of the Limitation Act (Cap. 10) relating to adverse possession shall not extend to such common property and accessory lot.”.

Amendment of section 16

11. Section 16 of the principal Act is hereby amended by deleting the word “flats” appearing in the first line thereof and substituting therefor the word “lots”.

Repeal and re-enactment of section 17

12. Section 17 of the principal Act is hereby repealed and the following substituted therefor: —

“Share units

17.—(1) The share value of each lot (except in the case of an accessory lot where no share value shall be allotted) shown in every plan lodged for registration as a strata title plan shall be taken as share units, and in the case of such plan where planning permission has been granted on or after the date of commencement of the Land Titles (Strata) (Amendment) Act, 1974 the quantity of share value shall be determined by the strata units shown in the schedule of units filed with the Commissioner and the Registrar in compliance with section 6A of this Act.

(2) The share units determine —

(a)	the voting rights of proprietors;
(b)	the quantum of the undivided share of each subsidiary proprietor in the common property; and
(c)	the proportion payable by each subsidiary proprietor of contributions levied by the management corporation pursuant to section 23 of this Act.

(3) The share value of each provisional lot shown in every plan lodged as a strata title plan shall be known as provisional share value and such provisional share value shall be taken as provisional share units in accordance with the provisions of subsection (1) of this section.

(4) No assurance of any provisional lot for which a subsidiary strata certificate of title is issued is capable of being registered under this Act and the Registrar shall enter an appropriate caution on the relevant subsidiary strata certificate of title prohibiting any assurance of the provisional lot comprised therein from being registered.

(5) Where an assurance of any provisional lot has been registered, such registration shall not pass any title or interest in the said provisional lot, and the Registrar shall, on discovery of the registration, cancel the registration, and no person affected by such cancellation shall be entitled to any compensation from the assurance fund.

(6) The subsidiary proprietor of the provisional lot shall be required to lodge the relevant duplicate subsidiary strata certificate of title and an application with the Registrar for the cancellation of the Registrar’s caution as provided in subsection (4) of this section immediately after the relevant authority has certified to the effect that all buildings within the provisional lot have been completed to the satisfaction of the competent authority.

(7) The Registrar, after receipt of the application lodged for cancellation of the Registrar’s caution as provided in subsection (5) of this section and being satisfied that all buildings within the provisional lot have been completed to the satisfaction of the competent authority, shall cancel the Registrar’s caution endorsed on the subsidiary strata certificate of title and make the appropriate deletion of the word “provisional” wherever it appears as relating to that provisional lot in the records maintained by the Registrar, and thereupon that provisional lot shall constitute a lot under this Act.

(8) Except as provided in subsections (4), (5) and (6) of this section, the provisions of this Act relating to a lot shall apply in all respects to a provisional lot.”.

Amendment of section 18

13. Section 18 of the principal Act is hereby amended by inserting immediately after the word “the” appearing in the third, in the fourth and in the fifth lines of subsection (3) thereof in each case the word “management”.

Amendment of section 19

14. Section 19 of the principal Act is hereby amended —

(a)

by deleting the word “unanimous” appearing in paragraph (d) of subsection (1) thereof and substituting therefor the word “special”;

(b)

by inserting immediately after the word “property” appearing at the end of paragraph (g) of subsection (1) thereof the words “or any building or other improvement on the parcel”;

(c)

by inserting immediately after the word “the” appearing in the third line of paragraph (a) of subsection (3) thereof the word “subdivided”;

(d)

by inserting immediately after subsection (4) thereof the following new subsections: —

“(5) Where the management corporation performs any repairs, work or act that it is required or authorised by or under this Part or by or under any other written law to perform (whether or not the repairs, work or act were or was performed consequent upon the service on it by any competent public or statutory authority of any notice or order), but the repairs, work or act were or was wholly or substantially the liability or the responsibility of the subsidiary proprietor of a lot only or wholly or substantially for the benefit of some of the lots only or wholly or substantially the liability or the responsibility of the subsidiary proprietors of some of the lots only, any money expended by the management corporation in performing the repairs, work or act shall —

(a)

in the case where the repairs, work or act were or was wholly or substantially the liability or the responsibility of the subsidiary proprietor of a lot only, be recoverable by the management corporation in an action in any court of competent jurisdiction as a debt due to it jointly and severally from —

(i)	the relevant subsidiary proprietor of the lot at the time when the repairs, work or act were or was performed; and
(ii)	the relevant subsidiary proprietor of the lot at the time when the action was commenced; or

(b)

in the case where the repairs, work or act were or was wholly or substantially for the benefit of some of the lots only or wholly or substantially the liability or the responsibility of the subsidiary proprietors of some of the lots only, be recoverable by the management corporation in an action in any court of competent jurisdiction as a debt due to it jointly and severally from —

(i)	the relevant subsidiary proprietor of each of such lots at the time when the repairs, work or act were or was performed; and
(ii)	the relevant subsidiary proprietor of that lot at the time when the action was commenced,

the amount payable by any subsidiary proprietor and former subsidiary proprietor in respect of any lot being not more than the proportion of the debt which the share unit of the lot then bears to the aggregate share units of all those lots.

(6) Where the management corporation incurs any expenditure or performs any repairs, work or act that it is required or authorised by or under this Part or by or under any other written law to perform (whether or not the expenditure was incurred or the repairs, work or act were or was performed consequent upon the service on it by a competent public or statutory authority of any notice or order) and the expenditure or the repairs, work or act were or was rendered necessary by reason of any wilful or negligent act or omission on the part of, or breach of any provision of its articles by, any person or his tenant, lessee, licensee or invitee, the amount of that expenditure of any money expended by it in performing the repairs, work or act shall be recoverable by it from that person as a debt in an action in any court of competent jurisdiction.”; and

(e)

by renumbering the existing subsection (5) thereof as subsection (7).

Amendment of section 21

15. Section 21 of the principal Act is hereby amended by inserting immediately after subsection (4) thereof the following new subsections: —

“(5) An administrator when appointed shall forthwith lodge with the Registrar and the Commissioner an office copy of the order of court making his appointment.

(6) Where an order of court for removal or replacement of an administrator has been granted to any person, such person shall forthwith lodge with the Registrar and the Commissioner an office copy of such removal or replacement.

(7) On any application made under this section the court may make such order for the payment of costs as it thinks fit.”.

Amendment of section 22

16. Section 22 of the principal Act is hereby amended —

(a)

by deleting subsection (2) thereof and substituting therefor the following: —

“(2) The by-laws shall include —

(a)	the by-laws set out in Part I of the Second Schedule to this Act which shall not be added to, amended or repealed by the management corporation;
(b)	the by-laws set out in Part 2 of the Second Schedule to this Act which may be added to, amended or repealed by the management corporation; and
(c)	such other by-laws as the management corporation may make from time to time.”;

(b)

by deleting subsection (6) thereof and substituting therefor the following: —

“(6) The management corporation shall —

(a)	keep a record of the by-laws in force from time to time;
(b)	on receipt of an application in writing made by a subsidiary proprietor or by a person duly authorised to apply on behalf of a subsidiary proprietor for a copy of the by-laws in force, supply to such subsidiary proprietor or duly authorised person at a reasonable cost a copy of the by-laws; and
(c)	on the application of any person who satisfies the management corporation that he has a proper interest in so applying, make available for inspection the by-laws.”; and

(c)

by inserting immediately after subsection (7) thereof the following new subsections: —

“(8) A copy of every by-law made by the management corporation and every modification or amendment of any by-law for the time being in force, certified as a true copy under the seal of the management corporation, shall be lodged by the management corporation with the Commissioner —

(a)	in the case of any by-law or amendment or modification thereto made prior to the date of commencement of the Land Titles (Strata) (Amendment) Act, 1974, within thirty days of the date of commencement of the said Act;
(b)	in the case of any new by-law and any amendment or modification of existing by-laws made after the date of commencement of the said Act, within thirty days of the passing of the resolution by the management corporation approving the making of such by-law or any amendment or modification of any existing by-law.

(9) Any by-law and any modification or amendment thereto made by the management corporation before the date of commencement of the Land Titles (Strata) (Amendment) Act, 1974, shall cease to be binding on the subsidiary proprietors and the management corporation on the expiry of a period of thirty days commencing from the date of commencement of the said Act (without prejudice to anything done previously) unless a certified true copy thereof has been lodged with the Commissioner in accordance with paragraph (a) of subsection (8) of this section within the time prescribed by that paragraph.

(10) Any by-law, and any modification or amendment of any existing by-law, made by the management corporation on or after the date of commencement of the Land Titles (Strata) (Amendment) Act, 1974 shall not come into force until a copy thereof has been lodged with the Commissioner.

(11) The management corporation or any subsidiary proprietor shall be entitled to apply to the court —

(a)	for an order to enforce the performance of or restrain the breach of any by-law by; or
(b)	to recover damages for any loss or injury to person or property arising out of the breach of any by-law from,

any person bound to comply therewith, the management corporation or the administrator, and the court may make such order against any such person, the management corporation or the members of its council, or the administrator, as the court thinks fit.”.

Amendment of section 23

17. Section 23 of the principal Act is hereby amended by deleting subsection (4) thereof and substituting therefor the following: —

“(4) On application by or on behalf of a person who is a subsidiary proprietor of a lot or by or on behalf of a prospective purchaser of a lot that is offered for sale, the management corporation shall issue to that person a certificate certifying —

(a)	the amount determined pursuant to subsection (3) of this section as the contributions of that subsidiary proprietor;
(b)	the time and manner of payment of the amount determined by it pursuant to that subsection;
(c)	the extent (if any) to which the contribution has been paid;
(d)	the amount (if any) then recoverable by the management corporation in respect of the lot pursuant to subsection (5) of section 19 of this Act;
(e)	the sum or the respective sums standing to the credit of the fund or funds kept and maintained by the management corporation pursuant to subsection (1) of this section, and the amount or respective amounts out of that fund or those funds committed or earmarked for any expenses already incurred by the management corporation; and
(f)	whether or not the management corporation has incurred any expenditure or performed or is about to perform any repairs, work or act in respect of which a liability is likely to be incurred by the subsidiary proprietor under any provision of this Part and, if so, the estimated amount of the expenditure or the general nature of the repairs, work or act,

and as against the management corporation and in favour of any person (including the member) relying in good faith on such certificate that certificate shall be conclusive evidence of the matters certified therein.”.

New sections 23A and 23B

18. The principal Act is hereby amended by inserting immediately after section 23 thereof the following new sections: —

“Recovery of contribution from the sale of a lot

23A.—(1) Where —

(a)	any contribution has been levied under subsection (5) of section 23 of this Act in respect of a lot at any time before, on or after the date of commencement of the Land Titles (Strata) (Amendment) Act, 1974; or
(b)	any amount is recoverable by the management corporation in respect of a lot pursuant to subsection (5) of section 19 of this Act,

and such contribution or amount remains unpaid on the expiry of a period of fourteen days after the management corporation has sent a written demand for the contribution or amount, that contribution or amount including any interest due thereon shall constitute a charge on the lot in favour of the management corporation upon lodgement of an instrument of charge by the management corporation with and the registration thereof by the Registrar.

(2) Upon registration of the instrument of charge by the Registrar —

(a)	the management corporation shall, subject to the provisions of subsection (3) of this section, have the power of sale and all other powers relating or incidental thereto as if such management corporation is a registered mortgagee; and
(b)	the amount of contribution due (including any interest thereon) shall be subject to all statutory rights and charges of any public authority over the lot and to all encumbrances registered or notified prior to the date of lodgement of the said instrument of charge.

(3) The management corporation shall not proceed under paragraph (a) of subsection (2) of this section to sell the lot unless —

(a)	a special resolution has been passed by members of the management corporation to have the lot sold;
(b)	a notice of the intended sale has been published once in one or more daily newspapers as approved by the Registrar;
(c)	during the period of six weeks after the date of such publication no payment has been made for the amount of contribution including interest thereon due and the cost of publication specified in paragraph (b) of this subsection as well as other necessary incidental charges; and
(d)	there is no legal action pending in court to restrain the management corporation from proceeding with the sale.

(4) Where a transfer of any lot has been made by the management corporation in the exercise of its power of sale as a mortgagee pursuant to the provisions of subsection (3) of this section and lodged with the Registrar for registration —

(a)

such transfer shall not be accepted for registration unless there has been lodged with the Registrar —

(i)	a certified true copy of the special resolution of the management corporation authorising the exercise of its powers of sale with the seal of the management corporation affixed thereto in the presence of two members of the council of the management corporation;
(ii)	a copy each of the notice of the publication specified in paragraph (b) of subsection (3) of this section; and
(iii)	a statutory declaration made by the members of the council of the management corporation referred to in sub-paragraph (i) of this paragraph jointly stating that the contribution and interest due thereon including all necessary incidental charges have not been paid and that there is no legal action pending in court to restrain the management corporation from proceeding with the sale of the lot; and

(b)

neither the purchaser of the lot from the management corporation nor the Registrar shall be concerned to enquire into the regularity or validity of the sale or transfer.

(5) Where the management corporation has wrongfully or otherwise exercised its power of sale in contravention of the provisions of this section every member of the council of the management corporation in whose presence the seal of the management corporation was affixed to the certified true copy of the special resolution passed and lodged with the transfer pursuant to subsection (4) of this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand dollars or to both such imprisonment and fine.

(6) Where an instrument of charge has been registered against a lot under this section the subsidiary proprietor of the lot shall, upon payment of the amount of contribution due including all interest thereon and any necessary incidental charges, be entitled to an instrument of discharge executed and acknowledged by the management corporation as to the receipt of such payment, and upon registration of such instrument of discharge, or in the event of the management corporation refusing to execute a discharge, an order of court declaring that the lot shall be discharged from the charge, the lot shall be freed from the charge constituted under this section.

(7) For the purpose of registration of a charge and a discharge under this section, the Registrar may dispense with the production of the relevant duplicate subsidiary strata certificate of title.

(8) The provisions of this section shall be without prejudice to the rights and powers conferred on the management corporation by subsection (5) of section 19 or subsections (5) and (7) of section 23 of this Act to recover the contribution or amount due and all interest thereon including any legal costs and incidental charges necessarily incurred for the recovery of such contribution or amount in respect of any lot as a civil debt from the subsidiary proprietor of, or his successor in title to, the lot.

(9) In this section “public authority” means the Government, Collector of Land Revenue, Comptroller of Property Tax, and shall include any other person, corporation or body, authorised or empowered by any written law to attach, sell or acquire land compulsorily.

Liability of members for debts of the management corporation

23B.—(1) The payment of any amount lawfully incurred by the management corporation in the course of the exercise of any of its powers or functions or the carrying out of its duties or obligations or of any pecuniary penalty imposed on the management corporation shall, by virtue of this section, be guaranteed by the persons who, for the time being and from time to time, are the members of the management corporation, the member who is or the members who are the subsidiary proprietor or subsidiary proprietors of each lot being liable under such guarantee only for such proportion of the money so incurred as the share unit of that lot bears to the aggregate share units of all the lots.

(2) Where —

(a)	by reason of any liability of a member or former member of the management corporation under subsection (1) of this section that member or former member has, in respect of any matter, been obliged to pay, and paid, more than the proportion for which he was liable in respect of that matter under subsection (3) of section 23 of this Act; and
(b)	any other member or members of the management corporation has or have not discharged or fully discharged his or their liability under that subsection in respect of that same matter,

the member or former member referred to in paragraph (a) of this subsection shall be entitled to recover from the member or members referred to in paragraph (b) of this subsection in any court of competent jurisdiction, as a debt due to him from that member or those members, an amount not exceeding the amount by which the aggregate amount paid by him in respect of that matter exceeded the amount of the proportion for which he was liable in respect of that matter under subsection (3) of section 23 of this Act, but no member referred to in paragraph (b) of this subsection shall be held liable to pay under this subsection more than the amount remaining undischarged of his liability in respect of that matter under subsection (3) of section 23 of this Act.”.

Amendment of section 24

19. Section 24 of the principal Act is hereby amended by deleting subsection (2) thereof and substituting therefor the following: —

“(2) Where a subsidiary proprietor’s interest is subject to a registered mortgage, the powers of voting conferred on him by the First Schedule to this Act —

(a)

shall, in any case where an unanimous resolution is required, be exercised by the mortgagee first entitled in priority either personally or by proxy; and

(b)

in any other case, may be exercised by the subsidiary proprietor unless the mortgagee first entitled in priority has at any time prior to the said meeting given written notice to the management corporation of its intention to exercise the said powers of voting and in such event the powers of voting shall not be exercised by the subsidiary proprietor when the mortgagee is present personally or by proxy at the general meeting.”.

Repeal and re-enactment of section 26

20. Section 26 of the principal Act is hereby repealed and the following substituted therefor: —

“Service of documents

26.—(1) The management corporation shall at or near the front building alignment of the parcel —

(a)	cause to be continuously displayed a notice showing the name of the management corporation and the address for service of documents shown on the registered strata title plan; and
(b)	where the address for service of documents shown above on the registered strata title plan is the postal address of the building erected within the parcel, cause to be continuously available a receptacle suitable for purposes of postal delivery with the name of the management corporation clearly shown thereon.

(2) Where the address for service of documents is altered the management corporation shall forthwith notify the Registrar and the Commissioner of the alteration, and the Registrar shall amend the registered strata title plan accordingly.

(3) A document may be served on the management corporation by sending it by registered post addressed to the management corporation at the address shown on the registered strata title plan or any amendment thereto.

(4) The provisions of subsection (3) of section 51 of the Land Titles Act (Cap. 276) shall apply to such service.

(5) For the purposes of this section “document” includes summons, notice, order and other legal process.”.

Amendment of section 28

21. Section 28 of the principal Act is hereby amended —

(a)

by deleting paragraph (b) of subsection (1) thereof and substituting therefor the following: —

“(b)

when on an application made by the management corporation, a subsidiary proprietor or a registered mortgagee, the court, on being satisfied that it is just and equitable that the subdivided building be deemed to have been destroyed after having considered —

(i)	the scheme and intent of this Act;
(ii)	the probability of unfairness to one or more subsidiary proprietors if termination of subdivision is not ordered;
(iii)	the rights and interests of the subsidiary proprietors as a whole; and
(iv)	the probability of confusion and uncertainty in the affairs of the management corporation or the subsidiary proprietors if a declaration of destruction of the subdivided building is not made,

makes a declaration to that effect.”;

(b)

by deleting the word “and” appearing at the end of paragraph (a) of subsection (4) thereof;

(c)

by deleting the full-stop appearing at the end of paragraph (b) of subsection (4) of this section and substituting therefor the expression “; and”;

(d)

by inserting immediately after paragraph (b) of subsection (4) thereof the following new paragraph: —

“(c)	all statutory easements implied under this Act shall cease to affect the registered land comprising the parcel or any part thereof.”; and

(e)

by deleting subsections (10) to (12) thereof and substituting therefor the following: —

“(10) Where a transfer of the parcel pursuant to subsection (5) of this section has been lodged with and registered by the Registrar, the management corporation shall continue in existence for the purpose of winding up its affairs.

(11) The court may, on the application of the management corporation or its administrator, a former subsidiary proprietor or a former mortgagee, by order make provision for the winding up of the affairs of the management corporation and for the appointment of a liquidator to carry out the winding up.

(12) Unless and until a liquidator has been appointed by the court for the purpose of carrying out the winding up of the management corporation, the members of the management council shall continue to perform the management corporation’s business for the purpose of winding up its affairs. On the appointment of a liquidator all the powers of the management council shall cease and the liquidator shall have the power to carry on the management corporation’s business for the purpose of winding up its affairs.

(13) On the management corporation being wound up —

(a)	every former subsidiary proprietor shall be liable to contribute to the assets of the management corporation to an amount sufficient for the payment of its debts and liabilities and the costs, charges and expenses of the winding up; and
(b)	the assets of the management corporation, if any, shall be distributed among the former subsidiary proprietors,

in the same proportion as the proportion of contributions which such former subsidiary proprietors would have been liable for in accordance with section 17 of this Act.

(14) The court may, on the application of a former subsidiary proprietor, a former mortgagee or the liquidator and on being satisfied that the affairs of the management corporation have been wound up, make an order that the liquidator be released and that the management corporation be dissolved and on lodgement of such order for registration under this Act, the Registrar shall then register and cancel the relevant record of the subsidiary strata land register.

(15) In this section —

“former mortgagee” means a person who, or a body which, immediately before the subdivision of a subdivided building is terminated under this section, was the registered mortgagee of a lot, forming part of the subdivided building;

“former subsidiary proprietor” means a person who, or a body which, immediately before the subdivision of a subdivided building is terminated under this section, was the subsidiary proprietor of a lot, forming part of the subdivided building.”.

Repeal and re-enactment of section 29

22. Section 29 of the principal Act is hereby repealed and the following substituted therefor: —

“Breaches of provisions of this part

29.—(1) If the management corporation commits a breach of any of the provisions of this Part or makes default in complying with any requirement of, or duty imposed on it by, any of the provisions of this Part, the management corporation and every member of its council, or every subsidiary proprietor, who is knowingly a party to the breach or default shall be guilty of an offence and shall be liable on conviction to a penalty expressly prescribed for such breach or default, or, if no penalty is so prescribed, to a penalty not exceeding two thousand dollars.

(2) Where a requirement or duty is imposed on the management corporation by this Part, any person for whose benefit or for the benefit of whose lot that requirement or duty is imposed on the management corporation may apply to the court for an order compelling the management corporation to carry out the requirement or perform the duty, as the case may be, and, on such an application being made, the court may make such order as it thinks proper.

(3) Any offence under this Act may be tried by a District Court or by a Magistrate’s Court and such Court shall, notwithstanding the provisions of the Criminal Procedure Code (Cap. 113) and any other written law, have power to impose the maximum penalty provided for by this Act.”.

New sections 32A, 32B, 32C, 32D and 32E

23. The principal Act is hereby amended by inserting immediately after section 32 thereof the following new sections: —

“Special provisions for disposal of flats by the Jurong Town Corporation

32A.—(1) The restriction relating to an assurance of any part of any subdivided building (including a flat) imposed by subsection (1) of section 6 of this Act shall not apply to any such assurance made by the Jurong Town Corporation.

(2) Where a strata title plan and an application for the issue of subsidiary strata certificates of title are lodged by the Jurong Town Corporation with and duly registered by the Registrar, the provisions of this Act relating to a registered strata title plan and a subsidiary proprietor and Part IV of this Act shall apply to each and every subdivided building comprised in the registered strata title plan.

(3) In this section “Jurong Town Corporation” means the Jurong Town Corporation incorporated under the Jurong Town Corporation Act (Cap. 209).

Special provisions for bringing land, in respect of which flats erected thereon are registered in the Registry of Deeds, under the provisions of the Land Titles Act

32B.—(1) Where there are subsisting leases of flats registered under the provisions of the Registration of Deeds Act (Cap. 281) and the registered proprietor of the land on which the flats are erected is not the registered proprietor of all the flats such proprietor of the land may lodge an application with the Registrar to have the land on which the flats are erected brought under the provisions of the Land Titles Act (Cap. 276).

(2) When an application is lodged under subsection (1) of this section the registered proprietor shall deposit with the Registrar the title deeds in his possession relating to the land.

(3) The Registrar may, after inspection of the title deeds, create a folio of the land-register by issuing a qualified certificate of title for the land on which the flats are erected, and upon such issue the Registrar shall enter a notification on the relevant volume and folio of the land-register (when created) of the subsisting registered leases of the flats.

(4) Where a qualified certificate of title has been issued under the provisions of subsection (3) of this section, the Registrar shall inform the Commissioner of such issue, and thereupon the Commissioner may require and direct the registered proprietor of the registered land in whose favour the qualified certificate of title has been issued to transfer and the said registered proprietor of the registered land shall transfer at his expense his entire registered estate or interest in his land to the registered proprietors of the flats erected on such land as tenants in common —

(a)	in the proportion as to the number of flat units erected on the said land; or
(b)	in the event of any objection in writing being lodged with the Registrar within sixty days, in the proportion as agreed upon in writing by the registered proprietors of the flats entitled to not less than fifty-one per cent of the number of flat units.

(5) All the registered proprietors of the flats shall be bound to accept the transfer of the estate or interest in the land in the shares as directed by the Commissioner pursuant to subsection (4) of this section.

(6) No share of the estate or interest in the registered land shall be disposed of except as appurtenant to the flat unit of the registered proprietor registered under the provisions of the Registration of Deeds Act (Cap. 281), and no assignment of a leasehold estate or an interest in the flat unit shall operate to pass such leasehold estate or interest to the assignee intended to take under the assignment unless the relevant undivided share in the registered land made appurtenant to the flat unit has been transferred to the assignee and the instrument of transfer of such undivided share has also been registered with the Registrar at the same time when the assignment of the flat unit is presented for registration with the Registrar of Deeds.

Special provisions for the issue of subsidiary strata certificates of title for flats registered under the Registration of Deeds Act

32C.—(1) Where there are subsisting leases of flats registered under the Registration of Deeds Act, the registered proprietors of the flats who altogether own not less than fifty-one per cent of the number of flat units comprised in the building erected on the same parcel of land together with the registered owner of the land on which the said flats are erected may lodge with the Registrar —

(a)	an application to have the land brought under the provisions of the Land Titles Act (Cap. 276) accompanied with a transfer of the said land from the registered proprietor of the land to all the registered proprietors of the flats as tenants in common in the shares as may be agreed upon by a majority of such registered proprietors; and
(b)	an application for the issue of strata certificates of title for the flat units together with a strata title plan (as approved by the Chief Surveyor) for the issue of subsidiary strata certificates of title for the flat units.

(2) The Registrar upon acceptance of the instruments and strata title plan may require the title deeds to the land in the possession of the registered proprietor of the land and to the flats in the possession of the flat owners to be produced for his inspection before he issues a qualified certificate of title for the land and the subsidiary strata certificate of title according to the strata title application and the strata title plan lodged.

(3) The Registrar before issuing subsidiary strata certificates of title in favour of the registered proprietors of the flats as shown in the records of the Registry of Deeds may require that a notice in the form approved by him be inserted once in one or more daily newspapers to the effect that the Registrar will issue the subsidiary strata certificates of title pursuant to the application lodged and in accordance with the records maintained at the Registry of Deeds after the expiration of six weeks from the date of publication of the notice if no valid objection is made at the Land Titles Registry.

(4) Where the registered proprietors of the flats who altogether own not less than fifty-one per cent of the flat units comprised in the building erected on the parcel of land have agreed to accept the transfer of the said land from the registered proprietor of the land all the remaining registered proprietors of the flat units in the same building shall be bound to accept the transfer.

Special provisions for the issue of Subsidiary Strata Certificates of Title for flats registered under the Land Titles Act

32D.—(1) Where there are subsisting leases of flats registered under the Land Titles Act (Cap. 276), the registered proprietors of the flats who altogether own not less than fifty-one per cent of the number of flat units comprised in the building erected on the same parcel of land together with the registered owner of the land on which the said flats are erected may lodge with the Registrar a transfer of the said land from the registered proprietor of the land to all the registered proprietors of the flats as tenants in common in the shares as may be agreed upon by a majority of such registered proprietors together with an application for the issue of subsidiary strata certificates of title for the flat units and a strata title plan (as approved by the Chief Surveyor).

(2) The Registrar may, upon acceptance of the instruments and strata title plan if he is satisfied that the instruments and strata title plan are in order, register all the registered proprietors of the flats as the proprietors of the registered land as tenants in common in the shares as agreed upon by the majority of such registered proprietors and issue the subsidiary strata certificates of title according to the strata title application and the strata title plan lodged.

(3) Where the registered proprietors of the flats who altogether own not less than fifty-one per cent of the flat units comprised in the building erected on the parcel of land have agreed to accept the transfer of land from the registered proprietor of the land, all the remaining registered proprietors of the flat units in the same building shall be bound to accept the transfer.

Effect of the issue of qualified certificate of title and of subsidiary strata certificates of title

32E.—(1) Upon the issue of a qualified certificate of title for the land pursuant to sections 32B and 32C of this Act, all the provisions of the Land Titles Act relating to a qualified certificate of title except subsections (1), (2) and (6) of section 12 of that Act shall apply to the land comprised therein.

(2) Upon the issue of the subsidiary strata certificates of title for the flats pursuant to sections 32C and 32D of this Act all the provisions in the leases of the flats registered under the provisions of the Registration of Deeds Act (Cap. 281) and the Land Titles Act (Cap. 276) shall cease to apply to the flats except in respect of any terms, covenants and conditions which were subsisting prior to the date of the issue of the subsidiary strata certificates of title in so far as they relate to any obligations which have yet to be fulfilled or any cause of action which had arisen as between the registered proprietors of the flats themselves and as between the registered proprietors of the flats and the registered proprietors of the land on which the flats are erected.

(3) The qualified certificate of title issued under section 32B or 32C of this Act may, if the circumstances so require, be qualified as to boundaries and dimensions, and the provisions of subsections (3) and (4) of section 144 of the Land Titles Act shall, mutatis mutandis, apply thereto.”.

Amendment of the First Schedule

24. The First Schedule of the principal Act is hereby amended —

(a)

by deleting the word “seven” appearing in the second line of sub-paragraph (1) of paragraph 3 thereof and substituting therefor the word “fourteen”;

(b)

by deleting the word “and” appearing at the end of sub-paragraph (1)(b) of paragraph 5 thereof;

(c)

by deleting sub-paragraph (1)(c) of paragraph 5 thereof and substituting therefor the following: —

“(c)	four, where there are seven or eight members;
(d)	five, where there are nine or ten members;
(e)	six, where there are eleven or twelve members; and
(f)	seven, where there are thirteen or fourteen members.”;

(d)

by inserting immediately after the word “meetings” appearing at the end of sub-paragraph (1) of paragraph 8 thereof the words “and shall file with the Commissioner a certified true copy of the minutes of such general meetings”;

(e)

by deleting the word “three” appearing in the first line of sub-paragraph (2) of paragraph 9 thereof and substituting therefor the word “six”;

(f)

by deleting the words “proprietor or his proxy” appearing in the second line of sub-paragraph (1) of paragraph 14 thereof and substituting therefor the words “person entitled to vote”;

(g)

by deleting the word “parcel” appearing in the second and in the third lines of sub-paragraph (3) of paragraph 17 thereof and substituting therefor in each case the word “lot”; and

(h)

by deleting paragraph 19 thereof.

Consequential amendments

25. The Buildings and Common Property (Maintenance and Management) Act, 1973 (Act 23 of 1973) is hereby amended —

(a)

by deleting the definition of “owner” appearing in section 2 thereof and substituting therefor the following: —

“ “owner” —

(a)	includes the person for the time being receiving the rent of any building, whether on his own account or as agent or trustees or as receiver, or who would receive the same if the building were let to a tenant;
(b)	in relation to a rent-controlled building, also includes the tenant of the building;
(c)	in relation to the common property of any building, also includes a person receiving any rental or charge for the maintenance of such common property and every person whose name is entered in the Valuation List authenticated under section 13 of the Property Tax Act (Cap. 144) as the owner of a subdivided part of the building; and
(d)	in relation to the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, also includes the management corporation having control of the building, every subsidiary proprietor of any subdivided part of the building and an administrator appointed under section 21 of the Land Titles (Strata) Act (Cap. 277);”; and

(b)

by inserting immediately after the word “Act” appearing at the end of subsection (2) of section 3 thereof the words “and perform such other duties as are conferred upon him by the Land Titles Strata) Act”.

Search within Legislation