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