Building Maintenance and Management Bill

Bill No. 6/2004

Read the first time on 6th January 2004.
An Act to repeal and re-enact with amendments the Buildings and Common Property (Maintenance and Management) Act (Chapter 30 of the 2000 Revised Edition) so as to provide for proper maintenance and management of buildings, and to make consequential amendments to the Land Titles (Strata) Act (Chapter 158 of the 1999 Revised Edition) and certain other written laws.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
PART I
Preliminary
Short title and commencement
1.  This Act may be cited as the Building Maintenance and Management Act 2004 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Interpretation
2.—(1)  In this Act, unless the context otherwise requires —
“Board” means any Strata Titles Board constituted under Part VI;
“building” includes part of a building;
“Building and Construction Authority” means the Building and Construction Authority established under section 3 of the Building and Construction Authority Act (Cap. 30A);
“by-law”, in relation to any parcel comprised in a strata title plan, means —
(a)any by-law prescribed by regulations under section 132;
(b)any by-law made by a management corporation under section 31 or 32 and in force in respect of that parcel; or
(c)any by-law made by a subsidiary management corporation under section 81 and in force in respect of any limited common property within that strata title plan;
“ceiling” does not include any false ceiling;
“Chief Surveyor” means the Chief Surveyor appointed under section 3 of the Boundaries and Survey Maps Act (Cap. 25);
“Commissioner” means the Commissioner of Buildings appointed under section 3(1), and includes any other officer appointed under section 3(3) to exercise the powers or perform the duties imposed on the Commissioner;
“common expenses” means expenses —
(a)relating to the common property and any movable property held by or on behalf of a management corporation;
(b)relating to the limited common property and any movable property held by or on behalf of a subsidiary management corporation; or
(c)required to meet any other purpose or obligation of a management corporation or subsidiary management corporation;
“common property”, in relation to any land and building not comprised in a strata title plan, means —
(a)the foundations, columns, beams, supports, roofs, external walls (including any window installed in any external wall of the building), lobbies, corridors, stairways, fire escapes, entrances and exits of any building comprised in the parcel;
(b)the car parks, gardens, recreational or community facilities for the common use of occupiers of lots or proposed lots within any such building;
(c)the escalators, lifts, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for the common use of occupiers of all lots or proposed lots within any such building;
(d)the pipes, wires, cables, chutes, ducts and other facilities for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, if they are located —
(i)within a floor, wall or ceiling that forms a boundary —
(A)between a lot or proposed lot and another lot or proposed lot in any such building;
(B)between a lot or proposed lot and the common property; or
(C)between a lot or proposed lot or the common property and another parcel; or
(ii)wholly or partially within a lot or proposed lot, if they are capable of being and intended to be used in connection with the enjoyment of the common property; and
(e)all other parts of the parcel not comprised in any lot or proposed lot and necessary for the common use of occupiers of all lots or proposed lots in that parcel,
and in the case of any land and building comprised in a strata title plan, “common property” has the same meaning as in the Land Titles (Strata) Act (Cap. 158);
“competent authority” means the competent authority appointed under section 5 of the Planning Act (Cap. 232) in respect of the development or sub-division of land;
“council”, in relation to a management corporation, means the council of that management corporation;
“development” means any parcel on which any building is being or to be constructed;
“executive committee”, in relation to a subsidiary management corporation, means the executive committee of that subsidiary management corporation;
“initial period”, in relation to a management corporation or subsidiary management corporation, means a period starting from the day on which the management corporation or subsidiary management corporation, as the case may be, is constituted (except pursuant to a comprehensive resolution under section 77(2)(b)) and ending —
(a)12 months later; or
(b)on the day when the first annual general meeting of the management corporation or (as the case may be) subsidiary management corporation is held,
whichever first occurs;
“land” has the same meaning as in the Land Titles Act (Cap. 157);
“limited common property” means such part of the common property in a parcel that is —
(a)in the case of common property to be comprised in a strata title plan, designated in the sale and purchase agreement of any proposed lot in the parcel for the exclusive benefit of the purchasers of any 2 or more (but not all) of those proposed lots in the parcel; or
(b)in the case of common property comprised in a strata title plan, designated in the strata title plan or a comprehensive resolution referred to in section 77(2) for the exclusive benefit of the subsidiary proprietors of 2 or more (but not all) lots in that strata title plan,
but does not include —
(i)the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel; and
(ii)any chute, pipe, wire, cable, duct and other facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, not comprised in any lot or proposed lot and necessary for the common use of the occupiers of all lots or proposed lots in that parcel;
“lot” means any stratum within a parcel comprised in a strata title plan and which —
(a)is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and
(b)is shown as a lot on the strata title plan,
and includes a lot specified as an accessory lot on any such plan;
“maintenance fund”, in relation to a development, means any maintenance fund established under section 15(2) or (3) by the owner developer of the development for the common property or limited common property, as the case may be, of that development;
“management corporation”, in relation to any parcel comprised in a strata title plan, means the management corporation constituted in respect of that strata title plan under the Land Titles (Strata) Act (Cap. 158);
“managing agent” means a managing agent appointed under this Act;
“mediation” means a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution of the dispute;
“owner” includes an owner developer and —
(a)in relation to a building, means the person for the time being receiving the rent of the building, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the building were let to a tenant;
(b)in relation to any common property or limited common property not comprised in a strata title plan, means the person receiving any rent or charge for the maintenance of that common property or limited common property, and includes every person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act (Cap. 254) as owner of that common property or limited common property; or
(c)in relation to any common property or limited common property comprised in a strata title plan, means the management corporation or subsidiary management corporation, as the case may be, having control of the common property or limited common property;
“owner developer” means any person who, immediately before the constitution of a management corporation for any parcel comprised in a strata title plan, is registered as the proprietor of the parcel shown in the strata title plan, and includes any administrator, executor, mortgagee in possession, liquidator, successor in title or assign of such person;
“parcel” means the whole of any land, building and common property comprised or to be comprised in a strata title plan;
“planning permission” has the same meaning as in the Planning Act (Cap. 232);
“president” means the president or a deputy president of a Board, and includes an acting president;
“proposed lot” means any stratum in a development on a parcel to be comprised in a strata title plan and which —
(a)is intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and
(b)is to be shown as a lot on the strata title plan for that development;
“purchaser” means a person, other than an owner developer, who enters into an agreement to purchase a lot or proposed lot but to whom the lot or proposed lot has not been conveyed or assigned;
“registrar” means the registrar of the Strata Titles Boards;
“Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act (Cap. 157);
“relevant authority” means any one or more Government or statutory authorities empowered under any written law to approve plans for development or subdivision of any land or plans relating to the construction of any building, and includes the competent authority;
“repealed Act” means the Buildings and Common Property (Maintenance and Management) Act (Cap. 30) repealed by this Act;
“schedule of strata units”, in relation to any parcel, means the schedule of strata units showing the share values for each lot or proposed lot in that parcel, and includes any amended schedule of strata units;
“share value”, in respect of a lot or proposed lot, means the share value of that lot or proposed lot as shown in the schedule of strata units;
“strata roll”, in relation to any subdivided building shown on a strata title plan, means the roll referred to in section 45 which relates to that plan;
“strata subdivision” includes a subdivision of land to comprise one or more lots, whether or not any lot is on the same level as any other lot;
“strata title plan” has the same meaning as in the Land Titles (Strata) Act (Cap. 158);
“stratum” means any part of land which consists 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;
“subdivided building” means any one or more buildings comprised in a strata subdivision plan approved by the relevant authority;
“subsidiary management corporation”, in relation to any limited common property comprised in a strata title plan, means the subsidiary management corporation constituted for that limited common property in accordance with Division 7 of Part V;
“subsidiary proprietor” has the same meaning as in the Land Titles (Strata) Act;
“temporary occupation permit” means a temporary occupation permit granted by the Commissioner of Building Control under the Building Control Act (Cap. 29);
“wall” includes a door, window or other structure forming part of the wall.
(2)  For any management corporation or subsidiary management corporation, a motion is decided by ordinary resolution if —
(a)the motion is passed at a duly convened general meeting of such corporation of which at least 14 days’ notice specifying the motion has been given; and
(b)the votes cast by subsidiary proprietors who are entitled to vote and are present (in person or proxy) at the time the vote is taken are as follows:
(i)if no poll is taken — the number of valid votes counted for the motion are more than the valid votes counted against the motion; or
(ii)on a poll — the total of the share value of the lots for which valid votes are counted for the motion is more than the total of the share value of the lots for which valid votes are counted against the motion.
(3)  For any management corporation or subsidiary management corporation, a motion is decided by special resolution if —
(a)the motion is passed at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and
(b)on a poll, the total of the share value of the lots for which valid votes are counted for the motion is at least 75% of the aggregate share value of the lots for which all valid votes are cast by subsidiary proprietors who are entitled to vote and are present (in person or proxy) at the time the vote is taken.
(4)  For any management corporation or subsidiary management corporation, a motion is decided by unanimous resolution if the motion —
(a)is passed at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and
(b)is supported by every valid vote cast by subsidiary proprietors who are entitled to vote and are present (in person or proxy) at the time the vote is taken.
(5)  For any management corporation or subsidiary management corporation, a motion is decided by 90% resolution if —
(a)the motion is passed at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and
(b)on a poll, the total of the share value of the lots for which valid votes are counted for the motion is at least 90% of the aggregate share value of the lots for which all valid votes are cast by subsidiary proprietors who are entitled to vote and are present (in person or proxy) at the time the vote is taken.
(6)  For any management corporation or subsidiary management corporation, a motion is decided by comprehensive resolution if —
(a)the motion is considered at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and
(b)at the end of a period of 12 weeks after the general meeting in paragraph (a) is convened, on a poll, the total of the share value of the lots for which valid votes are counted for the motion is at least 90% of the aggregate share value of the lots of all the subsidiary proprietors constituting the management corporation or subsidiary management corporation, as the case may be.
(7)  For any management corporation or subsidiary management corporation, a motion is decided by resolution without dissent if —
(a)the motion is considered at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and
(b)at the end of a period of 12 weeks after the general meeting in paragraph (a) is convened, all the subsidiary proprietors constituting the management corporation or subsidiary management corporation, as the case may be, support the motion in writing.
(8)  For the purposes of subsections (2) to (6), a valid vote, in relation to any motion to be decided by any resolution referred to in any of those subsections, means a vote cast by a subsidiary proprietor entitled to vote, other than a vote which is —
(a)given both for and against the motion;
(b)unmarked; or
(c)void for uncertainty.