4. The principal Regulations are amended by inserting, immediately after regulation 9, the following regulations:| “No objection to collective sale application after mediation starts |
9A. Where an application under section 84A(1), 84D(2), 84E(3) or 84FA(2) of the Land Titles (Strata) Act (Cap. 158) is made to a Board, no objection —| (a) | under section 84A(4) or 84FA(4) of the Land Titles (Strata) Act to the sale of all the lots and common property in a strata title plan to which section 84A or 84FA of that Act, as the case may be, applies; or | | (b) | under section 84D(3) or 84E(5) of that Act to the sale of all the flats and the land in a development to which section 84D or 84E of that Act, as the case may be, applies, |
| shall be accepted by a Board on or after the first day set aside for mediation by the Board of matters that are in dispute between the objectors and the applicants to achieve a resolution of the dispute. |
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| Stop orders for collective sale applications |
9B.—(1) Where —| (a) | an application is made under section 84A(1), 84D(2), 84E(3) or 84FA(2) of the Land Titles (Strata) Act to a Board; | | (b) | one or more objections have been filed under section 84A(4), 84D(3), 84E(5) or 84FA(4) of that Act, as the case may be, in relation to that application; and | | (c) | one or more of those objections are not withdrawn on the happening of either of the following events, whichever first occurs:| (i) | at the end of a period of 60 days starting from the first day set aside for mediation by the Board of matters that are in dispute between the objectors and the applicants to achieve a resolution of the dispute; or | | (ii) | after mediation by the Board has proceeded as far as it reasonably can in an attempt to achieve a resolution of the dispute but has nevertheless failed to resolve the dispute, |
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| the Board shall immediately cease mediation and give to every objector who filed an objection and the authorised representatives of the applicants, a notice of its intention to issue a stop order at least 7 days after the date of service of that notice. |
| (2) A Board shall issue a stop order in respect of an application made under section 84A(1), 84D(2), 84E(3) or 84FA(2) of the Land Titles (Strata) Act (Cap. 158) to the Board if, at the end of a period of 7 days after the notice of its intention to issue a stop order is so served under paragraph (1), one or more of the objections so filed under section 84A(4), 84D(3), 84E(5) or 84FA(4) of that Act, as the case may be, in relation to that application are not withdrawn. |
| (3) If, at the end of a period of 7 days after the notice of a Board’s intention to issue a stop order is so served under paragraph (1), all of the objections so filed under section 84A(4), 84D(3), 84E(5) or 84FA(4) of the Land Titles (Strata) Act, as the case may be, in relation to the application to the Board made under section 84A(1), 84D(2), 84E(3) or 84FA(2) of that Act, as the case may be, are withdrawn, regulation 10 shall apply and where applicable, the Board shall hear the applicants and, subject to section 84A(9), 84D(7), 84E(9) or 84FA(9) of that Act, render a decision and make an order under section 84A(6), 84D(4), 84E(6) or 84FA(5) of that Act, as the case may be, with respect to that application. |
| (4) In this regulation, “stop order” shall mean a section 84A stop order, a section 84D stop order, a section 84E stop order or a section 84FA stop order referred to in section 84A, 84D, 84E or 84FA, as the case may be, of the Land Titles (Strata) Act.”. |
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