PART 5
MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
Division 1 — Management by owner developer
before management corporation constituted
Application of this Division
15.—(1)  Subject to subsection (2) and section 134, this Division applies only to any development of land —
(a)for which planning permission is granted (whether before, on or after 1 April 2005) for strata subdivision after completion of any building thereon; and
(b)on which more than 4 lots or proposed lots are or are to be constructed.
(2)  This Division applies to a development mentioned in subsection (1) when 2 or more lots or proposed lots in the development are sold to more than one purchaser.
Developer to establish maintenance funds
16.—(1)  The owner developer of a development to which this Division applies must establish one or more maintenance funds in accordance with this section at any time on or after —
(a)the date the first temporary occupation permit is issued in respect of any lot or proposed lot in the development; or
(b)a subsequent date when this Division applies to the development,
whichever is the later.
[35/2017]
(2)  The owner developer of every such development must establish a general maintenance fund, which must be used for the following purposes only:
(a)to pay for the expenses incurred on or after the establishment of the general maintenance fund in providing —
(i)cleaning services for the common property;
(ii)security services and amenities for the occupiers of the lots or proposed lots in that development; and
(iii)any other services necessary for maintaining the common property in a state of good repair;
(b)to maintain, repair and renew fixtures and fittings (including lifts) in that development, not being fixtures and fittings installed in a lot or proposed lot sold or intended for sale to a purchaser;
(c)to maintain, repair and renew sewers, pipes, wires, cables and ducts used or capable of being used in connection with the enjoyment of 2 or more lots or proposed lots in, or the common property of, that development;
(d)to pay any premium for the insurance of that development against damage by fire and other risks;
(e)to pay rent and rates, if any;
(f)to pay any fee for the auditing of the maintenance fund;
(fa)to pay any connection charge payable under section 31M, and any tariff payable under section 31N, of the Environmental Public Health Act 1987;
(g)to pay all charges reasonably incurred for the administration of the maintenance fund and the common property of that development.
[48/2018]
(3)  Where any such development comprises any limited common property, the owner developer must, in addition, establish a separate special maintenance fund, which must be used for the following purposes only:
(a)to pay for the expenses incurred on or after the establishment of the special maintenance fund in providing —
(i)cleaning services for that limited common property;
(ii)security services and amenities for the occupiers of the lots or proposed lots in that development for whose exclusive benefit that limited common property has been designated under the sale and purchase agreement with the owner developer; and
(iii)any other services necessary for maintaining that limited common property in a state of good repair;
(b)to maintain, repair and renew fixtures and fittings (including lifts) in that development comprised within that limited common property, not being fixtures and fittings installed in a lot or proposed lot sold or intended for sale to a purchaser;
(c)to maintain, repair and renew sewers, pipes, wires, cables and ducts used or capable of being used in connection with the enjoyment —
(i)of that limited common property; or
(ii)of 2 or more lots or proposed lots in that development for whose exclusive benefit that limited common property has been designated under the sale and purchase agreement with the owner developer;
(d)to pay rent and rates (if any) connected with the limited common property;
(e)to pay any fee for the auditing of the special maintenance fund;
(f)to pay all charges reasonably incurred for the administration of the special maintenance fund and the limited common property of that development.
(4)  Any owner developer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.
Duties of owner developer as regards maintenance funds
17.—(1)  Subject to subsection (2), the owner developer of the development must —
(a)in respect of every lot or proposed lot in the development sold —
(i)pay into the relevant maintenance fund an amount equal to the amount of maintenance charges which would have been payable by the purchaser until such maintenance charges are due and payable; and
(ii)collect all maintenance charges from the date the maintenance charges are due and payable from the purchaser of every lot or proposed lot in that development and pay all such maintenance charges into the relevant maintenance fund established under section 16;
(b)in respect of every lot or proposed lot in the development not yet sold, pay into the relevant maintenance fund an amount equal to the amount of maintenance charges which would have been payable by a purchaser of that lot or proposed lot if sold from the date the relevant maintenance fund is so established under section 16; and
(c)pay all income derived from the common property and limited common property (if any) of that development into the relevant maintenance fund for that development from the date the relevant maintenance fund is so established under section 16.
[35/2017]
(2)  Despite subsection (1), the owner developer is authorised to pay all maintenance charges in respect of a lot or proposed lot in a development mentioned in subsection (1)(a)(i) into the relevant maintenance fund with effect from the later of the following dates:
(a)the date that is 4 weeks after the date the first temporary occupation permit is issued in respect of any lot or proposed lot in the development;
(b)the date the relevant maintenance fund is established under section 16 for the development.
[35/2017]
(3)  All moneys in any maintenance fund for a development must be held by the owner developer of the development on trust —
(a)in the case of a general maintenance fund established under section 16(2) — for all the purchasers of lots or proposed lots in that development; and
(b)in the case of a special maintenance fund established under section 16(3) in respect of any limited common property — for all the purchasers of the lots or proposed lots in that development for whose exclusive benefit that limited common property has been designated under their sale and purchase agreements with the owner developer.
(4)  The moneys in any maintenance fund established under section 16 must be deposited only with a bank which is licensed under the Banking Act 1970, and must not be invested.
(5)  The owner developer of a development must —
(a)cause proper books of accounts to be kept in respect of all sums of money received for and all payments out of every maintenance fund established under section 16 for the development, specifying the matters in relation to which the receipts and expenditure take place;
(b)appoint an auditor to audit every such maintenance fund annually;
(c)cause the accounts of every such maintenance fund to be audited within 4 months after the management corporation for that development is constituted;
(d)file with the Commissioner a certified true copy of the audited accounts not later than the 28th day after the accounts of every such maintenance fund have been audited;
(e)permit the Commissioner, or any person authorised by the Commissioner to act on his or her behalf, at all reasonable times full and free access to the accounts and other records of every maintenance fund and permit the Commissioner or the authorised person to make copies of or make extracts from those accounts or other records; and
(f)furnish a certified true copy of the accounts of every maintenance fund to the Commissioner at the intervals required by the Commissioner.
[35/2017]
(6)  Without affecting subsection (5), the owner developer of a development must also —
(a)not later than the 28th day after the accounts of every such maintenance fund have been audited, make available for a period of 2 weeks those accounts for inspection by any purchaser of any lot or proposed lot in the development or the purchaser’s agent without payment of any fee; and
(b)at any other time, permit the purchaser of any lot or proposed lot in the development or the purchaser’s agent to inspect the accounts and other records of any such maintenance fund, and to make copies of or make extracts from those accounts or other records, at such time and place as may be agreed between the parties and after payment of a prescribed fee.
[35/2017]
(7)  The owner developer of a development must maintain a register (called in this Act the register of purchasers) in such form as the Commissioner may require, containing the following particulars in respect of the lots or proposed lots in the development:
(a)the share value assigned or to be assigned to each lot or proposed lot shown in the schedule of strata units or amended schedule of strata units (as the case may be) filed with the Commissioner under section 11;
(b)the floor area of each lot or proposed lot;
(c)if the development comprises limited common property, the lots or proposed lots for whose exclusive benefit that limited common property has been designated;
(d)the name, address and other identification particulars of the purchaser of each lot or proposed lot and, if the purchaser is not a resident of Singapore, an address in Singapore to which notices may be served on the purchaser;
(e)the name and address of the solicitors acting for the purchaser of the lot or proposed lot in the sale and purchase of each lot or proposed lot, as the case may be.
(8)  The owner developer of a development must, not later than the 14th day after a request is made by the Commissioner, forward to the Commissioner a true copy of the register of purchasers for that development.
[35/2017]
(9)  Any owner developer who contravenes subsection (1) read with subsection (2), or subsection (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.
(10)  Any owner developer who contravenes subsection (6), (7) or (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.
No collection of maintenance charges without Commissioner’s approval
18.—(1)  An owner developer of a development must not collect any charges for the management and maintenance of the development or any common property or limited common property comprised in the development from the purchasers of any lot or proposed lot comprised in such development except with the prior written approval of the Commissioner.
(2)  Any owner developer who contravenes subsection (1) shall be guilty of an offence.
(3)  To avoid doubt, this section does not prevent any management corporation or subsidiary management corporation from collecting contributions under this Part.
Commissioner may appoint managing agent for development
19.—(1)  If the Commissioner is satisfied that, after due inquiry by him or her or a person appointed by him or her, the management and maintenance of a development or part thereof is not carried out satisfactorily by the owner developer thereof, the Commissioner may, by order in the Gazette, appoint one or more persons as a managing agent to manage and maintain —
(a)where the development has no limited common property — the development; or
(b)where the development has limited common property — the common property or the limited common property of the development or both.
(2)  A managing agent appointed by the Commissioner under subsection (1) is entitled to such remuneration or fees as may be determined by the Commissioner and the remuneration or fees must be charged —
(a)in the case of a managing agent appointed in respect of the development under subsection (1)(a) or the common property of the development under subsection (1)(b) — to the general maintenance fund mentioned in section 16(2); or
(b)in the case of a managing agent appointed in respect of the limited common property under subsection (1)(b) — to the special maintenance fund mentioned in section 16(3).
(3)  The Commissioner must not exercise his or her powers under this section unless he or she has given not less than 14 days’ notice in writing to the owner developer concerned, specifying his or her intention to appoint a managing agent under subsection (1) and to consider the representations (if any) made by the owner developer not later than the 14th day after the date of service of the notice.
[35/2017]
(4)  Any owner developer who is aggrieved by an order made by the Commissioner under subsection (1) in respect of the owner developer’s development may, at any time not later than the 21st day after the date of publication of that order in the Gazette, appeal in writing to the Minister.
[35/2017]
(5)  Even though an appeal has been made under subsection  (4) against an order made by the Commissioner under subsection (1), that order has effect unless otherwise ordered by the Minister.
(6)  The Minister may determine an appeal under this section by confirming, varying or cancelling the Commissioner’s order under subsection (1).
(7)  The decision of the Minister in any appeal under subsection (4) is final.
(8)  The Commissioner may at any time revoke any appointment made under subsection (1) for any development and appoint another person as managing agent for the development.
Powers and duties of managing agent appointed by Commissioner
20.—(1)  Where a managing agent has been appointed by the Commissioner under section 19(1), the managing agent has control over the moneys in the relevant maintenance fund of the development, but has no power to invest the moneys.
(2)  Once a managing agent has been appointed under section 19(1) for a development, no moneys may be paid out of the relevant maintenance fund of that development except on the authority of the managing agent.
(3)  Subject to the general control and direction of the Commissioner, a managing agent appointed under section 19(1) has all the powers and duties of the owner developer as regards the management and maintenance of the common property or limited common property (as the case may be) of that development.
(4)  Without limiting subsection (3), a managing agent appointed by the Commissioner under section 19(1) in respect of a development has the power —
(a)to manage the relevant maintenance fund of the development;
(b)to issue any written demand in the name of the owner developer to the purchasers of lots or proposed lots in the development for the payment of maintenance charges due from them;
(c)to receive all charges payable to the owner developer by purchasers of lots or proposed lots in the development for the maintenance of the common property or the limited common property (as the case may be) of the development, and to give a valid discharge therefor;
(d)to receive all charges payable by the owner developer to the relevant maintenance fund in respect of those lots or proposed lots which have not been sold and for which temporary occupation permits have been issued;
(e)to institute proceedings in the name of the owner developer to recover maintenance charges payable by the purchasers of the lots or proposed lots in the development; and
(f)to bring any action in the managing agent’s own name to recover moneys due to the relevant maintenance fund from the owner developer or any other person.
(5)  It is the duty of a managing agent appointed by the Commissioner to pay all moneys received by the managing agent in the managing agent’s capacity as such for a development into the relevant maintenance fund of that development.
(6)  As soon as practicable after being appointed by the Commissioner, but in any case not later than 2 months after the appointment, a managing agent must prepare and submit to the Commissioner a statement showing as at the date of the managing agent’s appointment —
(a)the moneys standing to the credit of every maintenance fund of the development;
(b)the amounts due and owing by the purchasers of the lots or proposed lots in the development as charges payable for the maintenance of the common property and any limited common property (if any) of the development;
(c)any income derived from the common property and limited common property (if any) of the development which are due to be paid to the relevant maintenance fund; and
(d)any expenditure incurred for the maintenance of the development which is authorised by section 16(2) or (3) (as the case may be) to be paid out of the relevant maintenance fund and which remains unpaid.
(7)  Any person appointed by the Commissioner as a managing agent for a development must not act as a managing agent unless the person has lodged with the Commissioner a bond in the form approved by the Commissioner and for the prescribed amount given by a bank, a finance company or an insurer and which binds the bank, finance company or insurer to make good any loss caused by the managing agent as a result of the managing agent’s failure to duly account to the purchasers of a development for moneys received or held by the managing agent.
(8)  A managing agent who contravenes subsection (5) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Owner developer not to be relieved of obligations to carry out repairs, etc.
21.  The appointment under section 19(1) of any managing agent to manage the maintenance fund or funds of a development does not relieve the owner developer of that development of any of the owner developer’s obligations under this Act or any other law —
(a)towards the purchasers of the lots or proposed lots in the development to carry out repairs to the common property and limited common property (if any) of the development, or to make good any defect in the common property or limited common property (as the case may be) of the development;
(b)to carry out repairs and varied and additional works to ensure that the development is constructed in accordance with the specifications and plans approved or deemed approved by the Commissioner of Building Control under the Building Control Act 1989; and
[Act 23 of 2023 wef 18/12/2023]
(c)to carry out repairs and varied and additional works to comply with the requirements of any relevant authority prior to the issue of the certificate of statutory completion for the development.
Failure by purchaser to pay maintenance charges
22.—(1)  Where any charges payable by the purchaser of a lot or proposed lot in a development under the sale and purchase contract for the maintenance of the common property or limited common property (as the case may be) of the development remain unpaid at the end of a period of 28 days after service of a written demand by the owner developer, the charges outstanding and any interest accrued thereon constitute a debt owing to the owner developer, and may be recovered by the owner developer in any court of competent jurisdiction.
[33/2018]
(2)  For the purposes of this section, a written demand sent by an owner developer to a purchaser is deemed to have been served on the purchaser of a lot or proposed lot (whether it is actually received or not) if it is sent by registered post to the purchaser at the purchaser’s last known address.
(3)  Where a managing agent has been appointed by the Commissioner under section 19(1) to manage and maintain a development, a notice sent by the managing agent is deemed to have been sent by the owner developer of that development.
Owner developer’s duties on constitution of management corporation
23.—(1)  When a management corporation is constituted for any development, the owner developer of the development must —
(a)immediately open a bank account in the name of the management corporation and pay into that account all moneys standing to the credit in the general maintenance fund established under section 16(2) for the maintenance of the subdivided building and the common property of that development;
(b)cause to be prepared such accounts and other records as will sufficiently explain the transactions and financial position of the management corporation and enable true and fair profit and loss accounts and balance sheets and any document required to be attached thereto to be prepared for the period starting from the date the management corporation is constituted for the development and ending on a date not earlier than 4 months before the first annual general meeting of the management corporation; and
(c)cause the records mentioned in paragraph (b) to be kept in a manner that enables them to be conveniently and properly audited.
[35/2017]
(2)  When a subsidiary management corporation is constituted for any development by the owner developer thereof, the owner developer must also —
(a)immediately open a bank account in the name of the subsidiary management corporation and pay into that account all moneys standing to the credit in the special maintenance fund established under section 16(3) for the maintenance of the limited common property of that development;
(b)cause to be prepared such accounts and other records as will sufficiently explain the transactions and financial position of the subsidiary management corporation and enable true and fair profit and loss accounts and balance sheets and any document required to be attached thereto to be prepared for the period starting from the date the subsidiary management corporation is constituted for the development and ending on a date not earlier than 4 months before the first annual general meeting of the subsidiary management corporation; and
(c)cause the records mentioned in paragraph (b) to be kept in a manner that enables them to be conveniently and properly audited.
[35/2017]
(3)  An owner developer of a development must exercise the powers and perform the duties of —
(a)the council of a management corporation; and
(b)where the development comprises any limited common property, the executive committee of the subsidiary management corporation,
from the time the management corporation or subsidiary management corporation (as the case may be) is constituted until a council of the management corporation or an executive committee of the subsidiary management corporation is elected at the first annual general meeting of the management corporation or subsidiary management corporation, as the case may be.
(4)  Within one week after the first annual general meeting of the management corporation or subsidiary management corporation (as the case may be), the owner developer must —
(a)transfer control of the management corporation’s or subsidiary management corporation’s (as the case may be) money to its newly elected council or executive committee; and
(b)deliver to that newly elected council or executive committee all keys and other means of access that the owner developer possesses for the purposes of exercising the powers and performing the duties of the council or executive committee, as the case may be.
(5)  For a period of 2 years following the transfer of control under subsection (4)(a), the owner developer must —
(a)keep all financial records that relate to the management corporation’s and (if any) subsidiary management corporation’s finances during the period before the transfer of control;
(b)at the request of the management corporation or subsidiary management corporation, make any of the records mentioned in paragraph (a) available for inspection free of charge by the management corporation or subsidiary management corporation, as the case may be; and
(c)allow the management corporation or subsidiary management corporation (as the case may be) to copy or audit those records at its own expense.
(6)  Before the first annual general meeting of a management corporation, the owner developer must appoint the auditor of the management corporation, and any auditor so appointed holds office until the conclusion of the first annual general meeting of the management corporation.
(7)  Before the first annual general meeting of a subsidiary management corporation after it is constituted (other than pursuant to a comprehensive resolution), the owner developer must appoint the auditor of the subsidiary management corporation, and any auditor so appointed holds office until the conclusion of the first annual general meeting of the subsidiary management corporation.
Division 2 — Management corporations and common property
Constitution of management corporation
24.—(1)  The management corporation constituted by virtue of the Land Titles (Strata) Act 1967 in respect of a strata title plan —
(a)comprises the subsidiary proprietors from time to time of all lots comprised in that strata title plan;
(b)is a body corporate capable of suing and being sued and having perpetual succession and a common seal; and
(c)is called “The Management Corporation — Strata Title Plan No.____” (the number to be specified being the number of the strata title plan).
(2)  A management corporation for a strata title plan may —
(a)sue and be sued on any contract made by it;
(b)sue and be sued in respect of any matter affecting the common property;
(c)sue in respect of any loss or damage suffered by the management corporation arising out of a contract or otherwise; and
(d)be sued in respect of any matter connected with the parcel for which the subsidiary proprietors are jointly liable.
(3)  A management corporation constituted in respect of a strata title plan has the powers, duties and functions conferred or imposed on it by or under this Act, or by the by‑laws in respect of the parcel comprised in that strata title plan and, subject to this Act, has the control, management and administration of the common property comprised in that strata title plan.
(4)  Nothing in this section is to be construed as prohibiting a management corporation constituted in respect of a strata title plan from adding the name of any subdivided building comprised in the strata title plan to its official name.
(5)  In this section, “subsidiary proprietors” includes the persons entitled to the land on which the subdivided building is erected pursuant to the termination of the strata subdivision scheme under section 78 or 81 of the Land Titles (Strata) Act 1967.
Common seal of management corporation
25.—(1)  The common seal of a management corporation must be kept —
(a)where the management corporation is constituted by one subsidiary proprietor — by that subsidiary proprietor; or
(b)where the management corporation is constituted by 2 or more subsidiary proprietors — by such subsidiary proprietor or member of the council as the management corporation determines or, in the absence of any such determination, by the secretary of the council.
(2)  The common seal of a management corporation may only be affixed to an instrument or a document in the presence of —
(a)where the management corporation is constituted by one or 2 subsidiary proprietors — that subsidiary proprietor or those subsidiary proprietors, as the case may be; or
(b)where the management corporation is constituted by 2 or more subsidiary proprietors — such 2 persons, being subsidiary proprietors or members of the council as the management corporation determines or, in the absence of such determination, the secretary and any other member of the council,
who must also sign the instrument or document to which the seal is affixed.
First annual general meeting of management corporation
26.—(1)  The owner developer of any development on a parcel comprised in a strata title plan (whether or not the owner developer is also a subsidiary proprietor) must hold the first annual general meeting of the management corporation constituted in respect of that strata title plan no later than the earlier of the following dates:
(a)a date that is one month after the end of the initial period for the management corporation;
(b)a date that is 8 weeks after the owner developer receives a written request from the subsidiary proprietors of at least 10% of the total number of lots comprised in that strata title plan asking for the first annual general meeting to be held.
[35/2017]
(2)  Subject to subsection (8), the chairperson of the first annual general meeting must be the owner developer acting personally or a responsible officer of the owner developer.
[35/2017]
(3)  The agenda for the first annual general meeting of a management corporation constituted in respect of a strata title plan comprising any development must consist of the following:
(a)to elect a council in accordance with section 53 where there are more than 3 subsidiary proprietors;
(b)to determine the amount to be raised for the management fund and the sinking fund;
(c)to decide whether insurances effected by the owner developer of the development should be varied or extended;
(d)to decide the matters that may be determined only by the management corporation at a general meeting;
(e)to appoint a managing agent, if the management corporation so desires, and to determine the powers, duties or functions of the management corporation to be delegated to the managing agent;
(f)to receive and, if considered fit, to adopt the audited annual accounts of the management corporation for the period starting from the date the management corporation is constituted and ending on a date not earlier than 4 months before the first annual general meeting.
(4)  At the end of or within 2 weeks after convening the first annual general meeting of the management corporation constituted in respect of a strata title plan comprising any development, the owner developer of the development must —
(a)place before the meeting and deliver to the management corporation copies of all the following:
(i)all plans that were required to obtain the temporary occupation permit and certificate of statutory completion (where applicable) for all buildings in the development (including amendments to such plans), that have been filed or lodged with the Commissioner of Building Control under the Building Control Act 1989;
[Act 23 of 2023 wef 18/12/2023]
(ii)any as‑built drawings in the owner developer’s possession that indicate, as far as practicable, the actual location of any pipe, wire, cable, chute, duct or other facility for the passage or provision of systems or services, if the owner developer has reason to believe that the pipe, wire, cable, chute, duct or other facility is not located as shown on a plan or an amended plan filed or lodged with the Commissioner of Building Control under the Building Control Act 1989;
[Act 23 of 2023 wef 18/12/2023]
(iii)all contracts entered into by or on behalf of the management corporation;
(iv)a copy of the strata title plan;
(v)the names and addresses of such contractors, subcontractors and persons who supplied labour or materials to the development during construction as may be prescribed;
(vi)all warranties, manuals, schematic drawings, operating instructions, service guides, manufacturer’s documentation and other similar information respecting the construction, installation, operation maintenance, repair and servicing of any common property or limited common property, including any warranty information provided to the owner developer by any person referred to in sub‑paragraph (v);
(vii)all records required to be prepared or retained by the management corporation under this Act;
(viii)a manufacturer’s manual which relates to prefabricated bathroom units that are incorporated in the development, if any are incorporated in the development;
(ix)any other records that may be prescribed; and
(b)place an annual budget before the meeting for approval, which must be for a period of 12 months starting on the first day of the month following the date of the first annual general meeting.
[35/2017]
(5)  If the owner developer contravenes subsection (4)(a) and the management corporation is required to pay any person to obtain a document referred to in that provision, the amount so paid is deemed to be a debt owing to the management corporation by the owner developer.
(6)  If the owner developer does not hold the first annual general meeting as required by subsection (1), any subsidiary proprietor of any lot comprised in the development or any mortgagee in possession of such lot may apply to the Commissioner to appoint a person to convene the first annual general meeting of the management corporation for that development.
(7)  The Commissioner may, on receiving any application under subsection (6), by order —
(a)appoint a person to convene the first annual general meeting of the management corporation of a development within such time and at such place as may be specified in the order; and
(b)include such ancillary or consequential instructions as the Commissioner thinks fit to facilitate the holding of the meeting by the person,
and any meeting so convened by that person is the first annual general meeting of the management corporation.
(8)  Where an order is made under subsection (7) —
(a)the person appointed under that order to convene the meeting must preside at the meeting and while so presiding, the person is deemed to be the chairperson of the management corporation; and
(b)notice of the meeting may be given in such manner as may be specified in the order.
(9)  Any owner developer who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.
(10)  Where a subsidiary management corporation is constituted for any development by the owner developer of that development, this section also applies to the owner developer in relation to that limited common property —
(a)as if the reference in this section to a management corporation includes a reference to the subsidiary management corporation;
(b)as if the reference in this section to the subsidiary proprietors of lots comprised in the strata title plan includes a reference to the subsidiary proprietors of lots for whose exclusive benefit the limited common property is designated on that strata title plan; and
(c)as if the reference in this section to the council of a management corporation includes a reference to the executive committee of a subsidiary management corporation,
with such prescribed exceptions, modifications and adaptations as the differences between management corporations and subsidiary management corporations require.
[35/2017]
(11)  In this section —
“accredited”, in relation to a fabrication facility or a fabrication method, means that the fabrication facility or the fabrication method is accredited by a body specified in the Code of Practice on Buildability issued by the Building and Construction Authority;
“building works” has the meaning given by section 2(1) of the Building Control Act 1989;
“prefabricated bathroom unit” means a bathroom unit (complete with finishes for walls and floors) which is —
(a)constructed and assembled; or
(b)manufactured and assembled,
in an accredited fabrication facility, in accordance with any accredited fabrication method, and then installed in a building under building works;
“responsible officer”  —
(a)for an owner developer that is a corporation or limited liability partnership, means —
(i)any director, partner, chief executive or employee of the corporation; or
(ii)for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation, or any employee of the corporation;
(b)for an owner developer that is a partnership, means any partner in the partnership, or any employee of the partnership; or
(c)for an owner developer that is an unincorporated association (other than a partnership), means —
(i)the president, the secretary, or any member of the committee of the unincorporated association;
(ii)any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; or
(iii)any employee of the unincorporated association.
[35/2017]
Meetings, other than first annual general meeting, of management corporation
27.—(1)  After the first annual general meeting has been held, an annual general meeting of a management corporation must be held in each calendar year and not more than 15 months after the holding of the last preceding annual general meeting.
(2)  A meeting of the management corporation which is not an annual general meeting must be held whenever it is convened by the council and is an extraordinary general meeting.
(3)  Except as otherwise provided in section 26, the First Schedule applies to and in respect of any meeting of a management corporation, and voting at that meeting.
(4)  Where after the holding of an annual general meeting of a management corporation —
(a)no annual general meeting of the management corporation is next held in accordance with subsection (1); or
(b)the next annual general meeting of the management corporation is held after the time limited by subsection (1) for its holding,
the chairperson and the secretary of the management corporation shall each be guilty of an offence.
(5)  Where any person is charged with an offence under subsection (4), it is a defence to prove that the person took all reasonable steps and exercised all due diligence to secure compliance with this section.
Management corporation’s address
28.—(1)  Every management corporation must —
(a)ensure that an address for the time being for service of notices on it is lodged with the Registrar of Titles and displayed on a notice board at a conspicuous place within the common property; and
(b)cause to be constructed and maintained at or near the street alignment of the parcel a receptacle suitable for the receipt of mail and other documents with the name of the management corporation clearly shown thereon.
(2)  A management corporation may decide that the address, as lodged with the Registrar of Titles, for the service of notices on the management corporation is to be changed.
(3)  Where a management corporation has, under subsection (2), decided that the address for the service of notices on it is to be changed, the management corporation must —
(a)not later than the 7th day after deciding, notify the Registrar of Titles and the Commissioner of the change;
(b)apply to amend the address lodged with the Registrar of Titles and other relevant records accordingly; and
(c)not later than the 7th day after deciding, serve on each of its subsidiary proprietors a written notice of the change.
[35/2017]
(4)  Any management corporation which contravenes subsection (3)(a) or (c) shall be guilty of an offence.
Duties and powers of management corporation in respect of property
29.—(1)  Except as otherwise provided in subsections (1A), (1B) and (3), it is the duty of a management corporation —
(a)to control, manage and administer the common property for the benefit of all the subsidiary proprietors constituting the management corporation;
(b)to properly maintain and keep in a state of good and serviceable repair (including, where reasonably necessary, renew or replace the whole or part thereof) —
(i)the common property;
(ii)[Deleted by Act 35 of 2017]
(iii)[Deleted by Act 35 of 2017]
(iv)each door, window and other permanent cover over openings in walls where a side of the door, window or cover is part of the common property; and
(v)any movable property vested in the management corporation;
(c)to effect insurance according to this Act;
(d)when so directed by a special resolution, to do all or any of the following for the purpose of improving or enhancing the common property:
(i)install, remove, replace or add any facility on the common property;
(ii)change the use of the common property;
(iii)erect, remove, replace or add to a structure on the common property;
(e)to comply with any notice or order made by any relevant authority or public authority requiring the abatement of any nuisance on the common property or ordering repairs or other work to be done in respect of the subdivided building or common property;
(f)to pay the rent (if any) on the land on which the subdivided building is erected;
(g)to cause proper records to be kept of notices given to the management corporation under this Act or any other written law, or of any orders made by a court, a Board or other tribunal and served on the management corporation; and
(h)to convene annual general meetings in accordance with the First Schedule.
[35/2017]
[Act 43 of 2022 wef 08/12/2023]
(1A)  To avoid doubt, it is the duty of a management corporation to properly maintain and keep in a state of good and serviceable repair (including, where reasonably necessary, renew or replace) any fixed EV charger that is owned by the management corporation and installed in the common property.
[Act 43 of 2022 wef 08/12/2023]
(1B)  Subsection (1)(d) does not apply to or in relation to any matter falling within section 34A(1).
[Act 43 of 2022 wef 08/12/2023]
(1C)  The installation of any fixed EV charger in the common property does not in itself make the fixed EV charger part of the common property.
[Act 43 of 2022 wef 08/12/2023]
(2)  Except as otherwise provided in subsection (3), a management corporation may —
(a)enter into an agreement, upon such terms and conditions (including terms for the payment of consideration) as may be agreed upon by the parties thereto, with a subsidiary proprietor or occupier of a lot for the provision of amenities or services by it to the lot or to the subsidiary proprietor or occupier thereof; and
(b)do all things reasonably necessary for the performance of its duties under this Part and for the enforcement of the by‑laws.
(3)  Despite subsections (1) and (2) but subject to subsection (4), where a strata title plan comprises common property and any limited common property, the management corporation constituted must, upon the creation of the limited common property —
(a)perform the duties and exercise the powers referred to in subsections (1) and (2), respectively, only in respect of common property that is not limited common property; and
(b)cease to perform those duties and exercise those powers in respect of the limited common property created.
(4)  Despite any other provision of this Act, a management corporation constituted for common property within a strata title plan may manage and maintain any limited common property within that strata title plan on such terms and conditions as may be agreed between the subsidiary management corporation for that limited common property and the management corporation.
Powers of management corporation to carry out work
30.—(1)  Where a notice has been served on the subsidiary proprietor of a lot by a public authority requiring that subsidiary proprietor to carry out any work on or in relation to that lot and the notice is not complied with, the management corporation may carry out the work.
(2)  Where a subsidiary proprietor, mortgagee in possession, lessee or occupier of a lot fails or neglects to carry out any work —
(a)required to be carried out by the subsidiary proprietor under a term or condition of a by‑law mentioned in section 33 or under a notice under section 37(4A);
(b)necessary to remedy a breach of the duty imposed on the subsidiary proprietor, mortgagee in possession, lessee or occupier by section 63(a);
(c)to rectify any defect in any water pipe or sewer pipe within the lot or any cracks in the wall or floor within the lot; or
(d)necessary to rectify the subsidiary proprietor’s contravention of section 37(1) or (3),
the management corporation may carry out that work.
[35/2017]
(3)  Where the management corporation carries out any work on or in relation to a lot or common property under subsection (1) or (2), it may recover the cost of so doing, as a debt —
(a)from the subsidiary proprietor, mortgagee in possession, lessee or occupier referred to in subsection (1) or (2); or
(b)where the work is carried out —
(i)under subsection (1) or (2)(b) or (c) — from any person who, after the work is carried out, becomes the subsidiary proprietor of the lot on or in relation to which the work was carried out; or
(ii)under subsection (2)(a) — from any person who, after the work is carried out, becomes the subsidiary proprietor of the lot in respect of which the by‑law mentioned in subsection (2)(a) was made or the notice under section 37(4A) was given.
[35/2017]
(4)  Where an order (including an interim order) made by any Board has not been complied with, the management corporation may carry out any work specified in the order and recover from the person against whom the order was made the cost of so doing as a debt in a court of competent jurisdiction.
(5)  Where —
(a)any part of a building comprised in a lot contains any structural defect which affects or is likely to affect the support or shelter provided by that lot for another lot in that building or the common property; or
(b)any defect occurs in any pipe, wire, cable or duct mentioned in section 63(a)(ii) within a lot,
and the defect is not due to any breach of the duty imposed on any person by section 63(a), the management corporation must carry out such work as is necessary to rectify the defect and may recover the cost of such work from any person who has a duty to remedy the defect as a debt in any court of competent jurisdiction.
(6)  Where —
(a)the management corporation incurs any expenditure or performs any repairs, works or acts that it is required or authorised by this Part or by any other written law to perform (whether or not the expenditure was incurred or the repairs, works or acts were performed consequent upon the service on it by the Government or any statutory authority of any notice or order); and
(b)the expenditure or the repairs, works or acts were rendered necessary by reason of any wilful or negligent act or omission on the part of, or breach of any provision of its by‑laws by any person or the person’s tenant, lessee, licensee or invitee,
the amount of that expenditure expended by it in performing the repairs, works or acts is recoverable by it from that person as a debt in an action in any court of competent jurisdiction.
Powers of entry of management corporation
31.—(1)  For the purpose of carrying out —
(a)pursuant to section 30(1), (2), (4) or (5), any work;
(b)any work required to be carried out by a management corporation —
(i)by a notice served on it by a public authority; or
(ii)by an order (including an interim order) of a Board;
(c)any work mentioned in section 29(1)(b) or (d); or
(d)any work necessary to repair or renew any pipe, wire, cable or duct mentioned in section 63(a)(ii),
the management corporation may, by its agents, employees or contractors, enter upon any part of the parcel for the purpose of carrying out the work —
(e)in the case of an emergency — at any time; or
(f)in any other case — at any reasonable time on notice being given to any occupier of that part of the parcel.
(2)  Any person who obstructs or hinders a management corporation in the exercise of any power under this section shall be guilty of an offence.
By-laws for common property
32.—(1)  Every parcel comprised in a strata title plan is regulated by by‑laws.
(2)  Subject to the Fourth Schedule, the by-laws prescribed by regulations are the by‑laws for every parcel comprised in a strata title plan in respect of which a management corporation is constituted on or after 1 April 2005, and any by‑law made under this section or section 33 must not be inconsistent with any such prescribed by‑law.
(3)  Except as otherwise provided in section 33, a management corporation may, pursuant to a special resolution, make by‑laws, or amend, add to or repeal any by‑laws made under this section, for the purpose of controlling and managing the use or enjoyment of the parcel comprised in the strata title plan, including all or any of the following purposes:
(a)safety and security measures;
(b)details of any common property of which the use is restricted;
(c)the keeping of pets;
(d)parking;
(e)floor coverings;
(f)garbage disposal;
(g)behaviour;
(h)architectural and landscaping guidelines to be observed by all subsidiary proprietors;
(i)any other matters appropriate to the type of strata scheme concerned.
(3A)  Despite subsection (3)(d), any by‑law for the purpose of controlling and managing the use or enjoyment of any parking lot within the common property that has fixed EV chargers installed may be made, amended, added to or repealed by a management corporation pursuant to an ordinary resolution.
[Act 43 of 2022 wef 08/12/2023]
(4)  Any by-laws made, and any amendment of, addition to or repeal of the by‑laws made under this section or section 33, have no force or effect until a copy of the by‑laws or the amendment, addition or repeal (as the case may be) has been lodged with the Commissioner.
(5)  A copy of every by-law made by the management corporation under this section or section 33, and every addition to, amendment or repeal of any such by‑law for the time being in force, certified as a true copy under the seal of the management corporation, must be lodged by the management corporation with the Commissioner, in the form and manner acceptable to the Commissioner, and not later than the 45th day after the passing of the resolution by the management corporation approving the making of such by‑law or any amendment of, addition to or repeal of any existing by‑law.
[35/2017]
(6)  Without limiting the operation of any other provision of this Act, the prescribed by‑laws and any by‑laws made under this section or section 33 for the time being in force bind the management corporation and the subsidiary proprietors and any mortgagee in possession (whether personally or by any other person), lessee or occupier of a lot to the same extent as if the by‑laws —
(a)had been signed and sealed by the management corporation, and each subsidiary proprietor and each such mortgagee, lessee and occupier, respectively; and
(b)contained mutual covenants to observe, comply and perform all the provisions of the by-laws.
(7)  A lease of a lot is deemed to contain an agreement by the lessee that the lessee will comply with the prescribed by‑laws and any by‑laws made under this section or section 33 for the time being in force.
(8)  The management corporation must —
(a)keep a record of the prescribed by‑laws and any by‑laws made by the management corporation under this section or section 33 which are in force from time to time;
(b)make available for viewing, free of charge, the prescribed by‑laws and any by‑laws made by the management corporation under this section or section 33 which are in force, as follows:
(i)display them on a notice board maintained by the management corporation on the common property;
(ii)make them available for viewing at the office of the management corporation, on the application of a person who has an interest in so applying; and
(c)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 which are in force, supply to such subsidiary proprietor or duly authorised person, on payment of a fee that is not more than a prescribed amount, a copy of the by‑laws.
[35/2017]
(9)  No by-law made under this section or section 33 is capable of operating —
(a)to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing of a lot; or
(b)to destroy or modify any easement expressly or impliedly created by or under this Act or the Land Titles (Strata) Act 1967.
(10)  The management corporation or subsidiary proprietor, mortgagee in possession, lessee or occupier of a lot is 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 managing agent.
(11)  The court may make such order against any such person, the management corporation or the members of its council, or the managing agent, as the court thinks fit.
(12)  In this section, “lease” includes a tenancy agreement.
Exclusive use by-laws
33.—(1)  Without affecting section 32, with the written consent of the subsidiary proprietor of the lot concerned, a management corporation may make a by‑law —
(a)pursuant to an ordinary resolution, conferring on the subsidiary proprietor of a lot specified in the by‑law, or on the subsidiary proprietors of the several lots so specified, for a period not exceeding one year —
(i)the exclusive use and enjoyment of; or
(ii)special privileges in respect of,
the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by‑law;
(b)pursuant to a special resolution, conferring on the subsidiary proprietor of a lot specified in the by‑law, or on the subsidiary proprietors of the several lots so specified, for a period which exceeds one year but does not exceed 3 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 3 years —
(i)the exclusive use and enjoyment of; or
(ii)special privileges in respect of,
the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by‑law;
(c)pursuant to a 90% resolution, conferring on the subsidiary proprietor of a lot specified in the by‑law, or on the subsidiary proprietors of the several lots so specified, for a period which exceeds 3 years —
(i)the exclusive use and enjoyment of; or
(ii)special privileges in respect of,
the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by‑law; or
(d)amending, adding to or repealing a by-law made in accordance with paragraph (a), (b) or (c), as the case may be.
(2)  A by-law mentioned in subsection (1) must either provide that —
(a)the management corporation continues to be responsible to carry out its duties under section 29(1), at its own expense; or
(b)the subsidiary proprietor or proprietors of the lot or lots concerned are responsible for, at the subsidiary proprietor’s or subsidiary proprietors’ expense, the performance of the duties of the management corporation mentioned in paragraph (a),
and in the case of a by-law that confers rights or privileges on more than one subsidiary proprietor, any money payable by virtue of the by‑law by the subsidiary proprietors concerned —
(c)to the management corporation; or
(d)to any person for or towards the maintenance or upkeep of any common property,
is, except to the extent that the by-law otherwise provides, payable by the subsidiary proprietors concerned proportionately according to the relevant proportions of their respective share values.
(3)  Any by-law mentioned in subsection (1), while it remains in force, enures as appurtenant to, and for the benefit of, and is binding upon, the subsidiary proprietor or subsidiary proprietors for the time being of the lot or lots specified in the by‑law.
(4)  To the extent to which such a by-law makes a subsidiary proprietor directly responsible for the duties of the management corporation mentioned in subsection (2)(a), it discharges the management corporation from the performance of those duties.
(5)  If a by-law does not provide as required by subsection (2)(a) or (b), the subsidiary proprietor or subsidiary proprietors are responsible at the subsidiary proprietor’s or subsidiary proprietors’ own expense, for the duties of the management corporation mentioned in subsection (2)(a).
(6)  Any moneys payable by a subsidiary proprietor to the management corporation under a by‑law mentioned in subsection (1) may be recovered as a debt by the management corporation in any court of competent jurisdiction.
(7)  A by-law made pursuant to subsection (1) —
(a)need not identify or define the common property which is the subject of the grant of exclusive use and enjoyment or special privileges provided that the by-law prescribes a method of identifying or defining the common property; and
(b)may authorise the transposition of an identified or defined area of the common property from one subsidiary proprietor of a lot to another subsidiary proprietor of a lot at any time and from time to time on receipt of written notice to the management corporation from both such subsidiary proprietors.
Dispositions and additions to, etc., common property
34.—(1)  A management corporation may, subject to the approval of the relevant authority, and pursuant to a 90% resolution —
(a)execute on behalf of its subsidiary proprietors a transfer of any part of common property (including a part of any building or any immovable property affixed to the common property) as provided in section 23 of the Land Titles (Strata) Act 1967; or
(b)execute on their behalf a lease of or rent part of such common property for a period which exceeds 3 years,
other than common property which is the subject of any lease accepted or acquired by the management corporation under subsection (3).
(2)  Subject to the approval from the relevant authority, a management corporation may —
(a)pursuant to a special resolution, execute on behalf of its subsidiary proprietors a lease of or rent part of such common property to any person for a period which exceeds one year but does not exceed 3 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 3 years; or
(b) pursuant to an ordinary resolution, execute on their behalf a lease of or rent part of such common property to any person for a period which does not exceed one year and cannot be extended by exercise of any option of renewal to exceed an aggregate of one year,
other than common property which is the subject of any lease accepted or acquired by the management corporation under subsection (3).
[35/2017]
(2A)  Subsections (1) and (2) do not apply to or in relation to any matter falling within section 34A(1).
[Act 43 of 2022 wef 08/12/2023]
(3)  A management corporation may, pursuant to a special resolution, and subject to the approval from the relevant authority, accept —
(a)a grant or transfer of any land (not being a lot within the parcel) which abuts the parcel, free from any encumbrances (except those created by statute and subsisting easements);
(b)a grant or transfer 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); or
(c)a lease of land, not being a lot within the parcel, whether or not it abuts on the parcel,
for the purpose of creating additional common property.
(4)  A management corporation may, by an ordinary resolution, approve the subdivision of a lot or the amalgamation of 2 or more lots resulting in the creation of any additional or new common property.
[35/2017]
(5)  Where there are 2 or more management corporations established for separate parcels which are of the same tenure, the respective management corporations may, pursuant to respective special resolutions and subject to the approval from the relevant authority, accept and execute such instruments to amalgamate the common property within the parcels to be held by all the subsidiary proprietors of the respective management corporations as tenants‑in‑common in undivided shares.
Ordinary resolution for installation, etc., of fixed EV chargers in common property
34A.—(1)  A management corporation may, subject to subsection (2) and the approval from the relevant authority, and pursuant to an ordinary resolution, execute on behalf of its subsidiary proprietors —
(a)a lease of or rent, or licence of, any part of the common property to any person for the installation of a fixed EV charger, for a period that does not exceed 10 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 10 years; or
(b)an agreement for the uninstallation of a fixed EV charger that is installed in any part of the common property under a lease, rent or licence mentioned in paragraph (a).
(2)  For the purpose of subsection (1), the management fund or sinking fund must not be used for the installation or uninstallation of any fixed EV charger in the common property.
[Act 43 of 2022 wef 08/12/2023]
Creation of easements by management corporation
35.—(1)  Subject to subsection (2), a management corporation may, pursuant to a unanimous resolution —
(a)execute on behalf of its subsidiary proprietors a grant of easement or a restrictive covenant burdening the parcel;
(b)accept on their behalf a grant of easement or a restrictive covenant;
(c)surrender on their behalf a grant of easement or a restrictive covenant burdening the parcel; or
(d)accept on their behalf a surrender of a grant of easement or a restrictive covenant.
(2)  Subsection (1) does not authorise a management corporation to accept, grant or execute a surrender of any easement relating to common property which is the subject of a lease accepted or acquired by the management corporation under section 34(3) that, apart from subsection (1), it is not entitled to accept or execute as a lessee or, by the terms of the lease, it is prevented from accepting or executing.
Application by subsidiary proprietor to court regarding common property
36.—(1)  Despite sections 34 and 35, a subsidiary proprietor may make an application to the court for an order to direct the management corporation or management corporations to —
(a)transfer a part of the common property;
(b)accept a transfer of any land or part thereof or any lot so that the land or part thereof or lot forms part of the common property; or
(c)amalgamate the common property of 2 or more management corporations.
(2)  When an application has been made to the court under subsection (1), the court may, on being satisfied that it is impracticable to convene a meeting to pass the required resolution and that having regard to the rights and interests of the subsidiary proprietors and the persons having registered interests in the common property as a whole it is just and equitable that —
(a)the transfer of the part of the common property should be made;
(b)any land or part thereof or lot should form part of the common property; or
(c)the common property of 2 or more management corporations should be amalgamated,
make an order directing the management corporation or management corporations to transfer that part of the common property, accept the transfer of the land or part thereof or lot, or execute an instrument of transfer of 2 or more parcels so that those parcels become vested as one parcel in all the subsidiary proprietors as tenants‑in‑common insofar as these parcels affect the common property (as the case may be) and lodge the transfer with the Registrar of Titles.
Improvements and additions to lots
37.—(1)  Except pursuant to an authority granted under subsection (2), a subsidiary proprietor of a lot that is comprised in a strata title plan must not effect any improvement in or upon the lot for the subsidiary proprietor’s benefit which increases or is likely to increase the floor area of the land and building comprised in the strata title plan.
(2)  A management corporation may, at the request of a subsidiary proprietor of any lot comprised in its strata title plan and on the terms it considers appropriate, by 90% resolution, authorise the subsidiary proprietor to effect any improvement in or upon the subsidiary proprietor’s lot mentioned in subsection (1).
(2A)  To avoid doubt, subsections (1) and (2) do not affect the operation of the Planning Act 1998, or any requirement under that Act for written permission for any improvement in or upon a lot which increases or is likely to increase the floor area of the land and building comprised in the strata title plan.
[35/2017]
(3)  Except pursuant to an authority granted under subsection (4) by the management corporation or permitted under section 37A, a subsidiary proprietor of a lot that is comprised in a strata title plan must not effect any other improvement in or upon the lot for the subsidiary proprietor’s benefit which affects the appearance of any building comprised in the strata title plan.
[35/2017]
(4)  A management corporation may, at the request of a subsidiary proprietor of any lot comprised in its strata title plan and upon such terms as it considers appropriate, authorise the subsidiary proprietor to effect any improvement in or upon the subsidiary proprietor’s lot mentioned in subsection (3) if the management corporation is satisfied that the improvement in or upon the lot —
(a)will not detract from the appearance of any of the buildings comprised in the strata title plan or will be in keeping with the rest of the buildings; and
(b)will not affect the structural integrity of any of the buildings comprised in the strata title plan.
(4A)  Where the management corporation for a strata title plan is satisfied that an improvement in or upon a lot comprised in the strata title plan is effected in contravention of subsection (1) or (3), the management corporation may, by written notice given to the subsidiary proprietor of the lot (whether or not the subsidiary proprietor is responsible for the contravention) require the subsidiary proprietor to carry out and complete, at the subsidiary proprietor’s own cost, any works or alteration to the lot to remedy the breach within a reasonable time specified in the notice.
[35/2017]
(5)  In this section, in relation to any land and building comprised in a strata title plan, “floor area” has the meaning given by the Planning (Development Charges) Rules.
Installation of safety equipment permitted
37A.—(1)  A subsidiary proprietor of a lot in a building on a parcel comprised in a strata title plan may install safety equipment on the lot, or as part of any window, door or opening on the lot which is facing outdoors, despite any other provision of this Act or the regulations or any by‑law of the parcel which otherwise prohibits the installation of the safety equipment.
[35/2017]
(2)  A subsidiary proprietor of a lot in a building who installs safety equipment under this section must —
(a)repair any damage caused to any part of the common property or limited common property (as the case may be) by the installation of the safety equipment; and
(b)ensure that the safety equipment is installed in a competent and proper manner and has an appearance, after it has been installed, in keeping with the appearance of the building.
[35/2017]
(3)  In this section, “safety equipment” means —
(a)any of the following features to prevent people from falling over the edge of an outdoor‑facing balcony or terrace or a window or door or an opening which is outdoor‑facing:
(i)a window grille or screen;
(ii)a balustrade, railing or fence;
(b)any device capable of restricting the opening of a window or door or an opening which is outdoor‑facing;
(c)any screen or other device to prevent entry of animals or insects on the lot;
(d)an intruder alarm or monitoring system; and
(e)any lock or other security mechanism that is designed to protect occupiers of the lot against intruders to the lot.
[35/2017]
Management funds and sinking funds
38.—(1)  A management corporation must establish and maintain a fund as its management fund.
(2)  A management corporation must pay into its management fund —
(a)all moneys received by it in respect of contributions determined under section 39(1);
(b)the proceeds of the sale or other disposal of any movable property that is part of the common property and belongs to the management corporation;
(ba)all moneys received by it from the Collector of Land Revenue as an award of compensation under the Land Acquisition Act 1966 for any non‑lot acquisition relating to its strata title plan;
(c)any fee received by the management corporation under section 47;
(d)any amount paid to the management corporation by way of discharge of insurance claims;
(e)interest received on any investment belonging to the management fund; and
(f)any income received by the management corporation from the rental of the common property.
[26/2014; 35/2017]
(3)  A management corporation must not disburse any moneys from its management fund other than for the purpose of —
(a)meeting its liabilities referred to in section 39(1);
(b)carrying out its powers, authorities, duties or functions under this Act;
(c)transferring moneys therein not required to meet the liabilities of the management fund to the sinking fund.
[35/2017]
(3A)  The estimated expenses for matters under subsection (3)(d) and (e)* must be included in an annual budget placed before an annual general meeting to be approved by an ordinary resolution.
[35/2017]
[*Subsection (3)(d) and (e) introduced by section 27(e) of the Building Maintenance and Strata Management Act 2017 has not come into operation]
(3B)  The management corporation may convene an extraordinary general meeting to approve, by ordinary resolution, a supplementary budget for unforeseen or urgent expenditure for matters under subsection (3)(d) or (e)*.
[35/2017]
[*Subsection (3)(d) and (e) introduced by section 27(e) of the Building Maintenance and Strata Management Act 2017 has not come into operation]
(4)  A management corporation must also establish and maintain a fund as its sinking fund.
(5)  In addition to any moneys transferred under subsection (3)(c), a management corporation must pay into its sinking fund —
(a)all moneys received by it in respect of contributions determined under section 39(2);
(b)any amount paid to the management corporation by way of discharge of insurance claims and not paid to the management fund;
(ba)the proceeds of the sale or other disposal of any immovable property that is part of the common property;
(c)all other amounts received by the management corporation and not paid or payable into the management fund; and
(d)interest received on any investment belonging to the sinking fund.
[35/2017]
(6)  A management corporation must not disburse any moneys from its sinking fund other than for the purpose of —
(a)meeting its liabilities mentioned in section 39(2); or
(b)carrying out its powers, authorities, duties or functions under this Act.
(7)  A management corporation may only invest any moneys in its management fund or sinking fund in any manner permitted by law for the investment of trust funds.
(8)  A management corporation must pay any moneys in its management fund or sinking fund that are not otherwise invested in accordance with subsection (7) into an account established with a financial institution in the name of the management corporation.
(9)  A management corporation may borrow moneys and secure the repayment thereof and of any interest in such manner as may be agreed upon by the management corporation and the lender, otherwise than by charging the repayment on the common property.
(9A)  No moneys in the management fund or sinking fund may be used for any purpose of a collective sale of the property under Part 5A of the Land Titles (Strata) Act 1967 other than for the purpose of convening any general meeting under the Second Schedule to that Act.
(9B)  The moneys remaining in the management fund and sinking fund as at the date of the legal completion of a collective sale of the property in accordance with Part 5A of the Land Titles (Strata) Act 1967 must be returned as soon as practicable to the subsidiary proprietors of the lots in shares proportional to the contributions levied by the management corporation on the subsidiary proprietors in accordance with this Act.
(10)  A management corporation must —
(a)cause proper books of account to be kept in respect of moneys received or expended by the management corporation showing the items in respect of which the moneys were received or expended; and
(b)cause to be prepared, from the books mentioned in paragraph (a), a proper statement of accounts of the management corporation in respect of each period starting on the date the management corporation was constituted or the date up to which the last previous such statement was prepared and ending on a date not earlier than 4 months before each annual general meeting.
Management corporation to determine contributions by subsidiary proprietors
39.—(1)  The management corporation must, by ordinary resolution, determine the amounts which are reasonable and necessary to be raised by contributions for the purpose of meeting its actual or expected liabilities incurred or to be incurred within the period (not exceeding 12 months) specified in the determination in respect of —
(a)the regular maintenance and keeping in good and serviceable repair pursuant to section 29 of parts of the parcel being the common property, fixtures, fittings and other property (including movable property) held by or on behalf of the management corporation;
(b)the common expenses of the management corporation (except those in subsection (2)(a) to (d));
(c)the payment of insurance premiums;
(d)all other liabilities incurred or to be incurred during that period by or on behalf of the management corporation in carrying out its powers, authorities, duties and functions under this Act other than liabilities mentioned in subsection (2); and
(e)the payment of any connection charge payable under section 31M, and any tariff payable under section 31N, of the Environmental Public Health Act 1987.
[35/2017; 48/2018]
(2)  The management corporation must, also by ordinary resolution, determine the amounts which are reasonable and necessary to be raised by contributions for the purpose of meeting its actual or expected liabilities incurred or to be incurred in respect of —
(a)painting or treating of any part of the common property which is a structure or other improvement for the preservation and appearance of the common property;
(b)major repairs and improvements to, and maintenance of, the common property and boundary wall;
(c)the renewal or replacement pursuant to section 29 of parts of the parcel being the common property, fixtures, fittings and other property (including movable property) held by or on behalf of the management corporation;
(d)the acquisition of movable property;
(da)any non‑lot acquisition related expenses of the management corporation; and
(e)any other liabilities expected to be incurred at a future time where the management corporation determines by ordinary resolution that the whole or part thereof should be met from its sinking fund.
[26/2014; 35/2017]
(3)  If the management corporation becomes liable to pay any moneys that it is unable to pay immediately, the management corporation must determine, by ordinary resolution, that amount to be raised by contributions.
[35/2017]
(4)  A determination made by a management corporation under subsection (1) or (2) may specify that the amounts to be raised for the purposes therein referred to are to be raised by such regular periodic contributions as may be specified in the determination.
Contributions by subsidiary proprietors
40.—(1)  A management corporation may levy the contributions determined by it in accordance with section 39(1) or (2) or 41, and the contributions mentioned in section 39(3), by serving on the subsidiary proprietors written notice of the contributions payable by them in respect of their respective lots.
(2)  Subject to sections 41 and 108(3), the contributions levied by a management corporation in respect of each lot are payable by the subsidiary proprietors in shares proportional to the share value of their respective lots.
(3)  If, at the time a person becomes a subsidiary proprietor of a lot, another person is liable in respect of the lot to pay a contribution levied under this section or section 41, the subsidiary proprietor shall, subject to section 47(3), be jointly and severally liable with the other person for the payment of the contribution and interest on the contribution.
(4)  A person who has ceased to be a subsidiary proprietor of the lot is only liable to pay the contribution levied under this section or section 41 and which was unpaid at the time the person ceased to be a subsidiary proprietor, plus the interest accruing on the unpaid contribution until the time it is paid.
(5)  Without affecting the liability of the subsidiary proprietor of a lot in respect of any contribution levied under this section or section 41, where a mortgagee is in possession (whether personally or by any other person) of a lot, the mortgagee shall be jointly and severally liable with the subsidiary proprietor of the lot of which the mortgagee is in possession —
(a)for any contribution to a management fund or sinking fund by regular periodic instalments;
(b)for any other contributions if written notice of the levy of the contribution has been served on the mortgagee; and
(c)for interest on any of those contributions.
(6)  Any contribution levied under this section or section 41 —
(a)becomes due and payable to the management corporation without any deduction whatsoever in accordance with the decision of the management corporation to make the levy;
(b)if not paid on or before the 30th day after it becomes due and payable, bears interest at the rate determined by the management corporation and the interest accrues from the expiry of 30 days after the date when the contribution becomes due and payable unless the management corporation determines in a general meeting (either generally or in a particular case) that any unpaid contribution bears no interest; and
(c)may, together with the interest due, be recovered as a debt by the management corporation in any court of competent jurisdiction.
[35/2017]
(7)  Any interest paid under subsection (6) forms part of the fund to which the contribution belongs.
(8)  [Deleted by Act 33 of 2018]
(9)  Where any contribution or interest thereon levied under subsection (6) is not paid on or before the 30th day after it becomes due and payable, the management corporation may serve a written demand on the subsidiary proprietor of the lot in respect of which the contribution is levied.
[35/2017]
(10)  A subsidiary proprietor who fails to pay any contribution or interest due and owing to a management corporation before the 14th day after the date of service of any written demand mentioned in subsection (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the contribution or interest or both remain unpaid after conviction.
[35/2017; 33/2018]
(11)  The court before which a conviction for an offence under subsection (10) is had may, in addition to such fine, order the subsidiary proprietor to pay to the management corporation the amount of any contribution together with any interest thereon or any interest certified by the management corporation to be due from the subsidiary proprietor at the date of the subsidiary proprietor’s conviction, and such amount must be recovered according to any written law for the time being in force for the recovery of fines.
(12)  In this section, “subsidiary proprietor” includes —
(a)a mortgagee in possession and the person for the time being receiving the rent of the lot, whether as agent or trustee or as receiver, or who would receive the rent if the lot were let to a tenant; and
(b)the person whose name is included in the Valuation List mentioned in the Property Tax Act 1960 as the owner of the lot for the purposes of that Act.
Additional or variation of contributions
41.—(1)  Despite section 40(2), the contributions payable by the subsidiary proprietor of a proposed lot are, during the period when any building consisting of that proposed lot is being erected and is not yet completed, reduced by 75%.
(2)  For the purposes of subsection (1), a building consisting of a proposed lot is deemed to be completed when a temporary occupation permit is issued for any proposed lot in the building.
(3)  Despite section 40(2), a management corporation may, subject to the approval of the Commissioner under subsection (4), levy additional contributions on the subsidiary proprietor of any lot —
(a)where a lot has been subdivided into 2 or more lots and the management corporation will incur additional expenditure in maintaining the facilities or common property, whether or not new facilities or new common property arise from the subdivision of the firstmentioned lot;
(b)where any change of use in respect of a lot has been approved by the competent authority without any alteration to the common property; or
(c)where improvements in or upon the lot have been effected for the benefit of the subsidiary proprietor thereof in accordance with section 37.
(4)  The Commissioner may approve the levy of any additional contribution under subsection (3) if and only if he or she is satisfied that the additional contribution is not inadequate, excessive and unreasonable.
(5)  The Commissioner must give any subsidiary proprietor concerned an opportunity of being heard before giving his or her approval for any additional contribution to be levied under subsection (3).
(6)  Despite section 40(2), where any common property is altered or any structure is erected on the common property giving rise to a change in use of the common property by or in respect of any lot, the management corporation may, pursuant to a comprehensive resolution, levy contributions to the management fund and sinking fund on any subsidiary proprietor of such lot using any one or more formulae different from that in section 40(2).
(7)  A copy of every comprehensive resolution mentioned in subsection (6) must be filed by the management corporation concerned with the Commissioner not later than the 7th day after its passing.
[35/2017]
(8)  Despite section 40(2) but subject to subsections (1), (3) and (6), a management corporation may, pursuant to resolution by consensus, levy contributions to the management fund or sinking fund on all or any of its subsidiary proprietors based on any other method.
(9)  A management corporation may, by special resolution, determine (either generally or in a particular case) the amount or percentage less of a contribution levied that a subsidiary proprietor may pay in the following circumstances:
(a)if the contribution is paid to the management corporation before the date it becomes payable;
(b)for contributions payable by instalments — if the contribution is paid in full on or before the date specified in the notice for payment in full, or if the contributions are paid in another way stated in the resolution.
Contributions payable before first annual general meeting
42.—(1)  Where the first annual general meeting of a management corporation constituted in respect of a strata title plan has not yet been convened, the subsidiary proprietor of each of the lots in the strata title plan must, starting from the date the management corporation is constituted, pay to the management corporation any sum which has been approved by the Commissioner under section 18 as the amount payable for the maintenance of the subdivided building and the common property.
[35/2017]
(2)  The sum mentioned in subsection (1) is deemed to be the amount determined by the management corporation as the contributions payable by the subsidiary proprietors to the management fund of the management corporation.
Recovery of contribution from sale of lot
43.—(1)  Where —
(a)an amount is recoverable by the management corporation from the subsidiary proprietor of a lot under section 30; or
(b)any contribution is levied under section 40 or 41,
and the amount or contribution remains unpaid on the expiry of a period of 30 days after the management corporation has served a written demand for the amount or contribution, that amount or contribution, including any interest thereon (if any), constitutes a charge on the lot in favour of the management corporation upon lodgment of an instrument of charge by the management corporation with and the registration thereof by the Registrar of Titles.
(2)  Upon registration of the instrument of charge by the Registrar of Titles —
(a)the management corporation has, subject to subsection (3), the power of sale and all other powers relating or incidental thereto as if the management corporation is a registered mortgagee; and
(b)the amount or contribution due (including interest thereon) is subject to all statutory charges of any public authority over the lot and to all encumbrances registered or notified prior to the date of lodgment of that instrument of charge except that in the case where a prior registered mortgagee or chargee has sold the lot in exercise of the mortgagee’s or chargee’s power of sale, the registered charge of the estate or interest of the lot when transferred to a purchaser by the mortgagee or chargee shall not be overreached by the exercise of the power of sale by the mortgagee or chargee of a prior registered mortgage or charge.
(3)  The management corporation must not proceed to sell the lot under subsection (2)(a) unless —
(a)a special resolution has been passed by 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 approved by the Registrar of Titles;
(c)during the period of 6 weeks after the date of such publication, no payment has been received for the amount or contribution due (including interest thereon) and the cost of publication specified in paragraph (b) as well as any 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 chargee under subsections (2) and (3) and lodged with the Registrar of Titles for registration —
(a)the transfer must not be accepted for registration unless there has been lodged with the Registrar of Titles —
(i)a certified true copy of the special resolution of the management corporation authorising the exercise of its power of sale with the seal of the management corporation affixed thereto in the presence of 2 members of the council of the management corporation;
(ii)a copy of every publication containing the notice mentioned in subsection (3)(b); and
(iii)a statutory declaration made by the members of the council of the management corporation mentioned in sub‑paragraph (i) jointly stating that the amount or contribution and interest due thereon, including all necessary incidental charges owing to the management corporation as at the date of the contract for the sale of the lot, 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 person who purchased the lot from the management corporation nor the Registrar of Titles is to be concerned to inquire into the regularity or validity of the sale or transfer.
(5)  Where an instrument of charge has been registered against a lot under this section, the subsidiary proprietor of the lot is —
(a)upon payment of the whole amount or contribution due (including interest thereon) and any necessary or incidental charges (including legal costs) to the management corporation before it has exercised its power of sale conferred by this section, entitled to an instrument of discharge executed and acknowledged by the management corporation as to the receipt of the payment; and
(b)upon registration of the instrument of discharge or, in the event of the management corporation refusing to execute a discharge, an order of court declaring that the lot is discharged from the charge, the lot is freed from the charge constituted under this section.
(6)  For the purpose of registration of a charge, discharge or transfer under this section, the Registrar of Titles may dispense with the production of the relevant duplicate subsidiary strata certificate of title issued under the Land Titles (Strata) Act 1967.
(6A)  Without affecting subsection (6), where the existing subsidiary strata certificate of title for the lot is not presented with the transfer, the Registrar of Titles may cancel the existing folio and create a new folio in favour of the transferee.
[8/2014]
(7)  Despite section 80 of the Land Titles Act 1993 and section 15 of the Registration of Deeds Act 1988 —
(a)where further contributions and interest thereon are due to the management corporation after the registration of an instrument of charge under this section; or
(b)where the management corporation has incurred or become liable for any reasonable legal costs and reasonable expenses incurred in connection with the collection or attempted collection of the unpaid amount or contribution or further amount or contribution,
the amount or contribution due (including interest thereon) and the legal costs and expenses shall rank in priority to any other claims as if the amount or contribution were due at the date of the registration of the charge.
(8)  A charge under subsection (2) continues in force until all the amount or contributions (including interest thereon) and the legal costs and expenses (as the case may be) secured by the charge have been paid.
(9)  This section does not affect the rights and powers conferred on the management corporation by sections 30 and 40 to recover the amount or contribution due and all interest thereon including any legal costs and incidental charges necessarily incurred for the recovery of the amount or contribution in respect of any lot as a debt from the subsidiary proprietor of, or the subsidiary proprietor’s successor in title to, the lot.
(10)  In this section, “public authority” means the Government, the Collector of Land Revenue, the Comptroller of Property Tax, and 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 management corporation
44.—(1)  The payment of any expenditure lawfully incurred by a management corporation in the course of the exercise of any of its powers or functions or the carrying out of its duties or obligations is, by virtue of this section, guaranteed by the persons who, for the time being and from time to time, comprise the management corporation.
(2)  The subsidiary proprietor of a lot is liable only to pay the amount which the subsidiary proprietor would have to pay if contributions were levied by the management corporation under section 40 or 41(6) to raise the necessary sum for the payment of the expenditure.
Audit of accounts of management corporation
45.—(1)  Subject to section 134, the books and accounts of every management corporation in respect of each financial year of the management corporation must be audited.
(2)  The audit of the books and accounts of a management corporation must be carried out only by a person who is a public accountant within the meaning of the Companies Act 1967.
(3)  The auditor must be appointed by —
(a)the management corporation at its annual general meeting; or
(b)the council of the management corporation not later than the 90th day after the annual general meeting is concluded if no auditor is appointed during that annual general meeting,
and the auditor holds office until the conclusion of the next annual general meeting of the management corporation.
[35/2017]
Strata roll
46.—(1)  A management corporation must prepare and maintain a strata roll in accordance with this section.
(2)  The strata roll may be kept in the form determined by the management corporation.
[35/2017]
(3)  The management corporation must record the following information on a page of the strata roll relating to the lot to which the information relates:
(a)the share value of the lot, as shown on the schedule of strata units accepted by the Commissioner under section 11;
(b)the name of the subsidiary proprietor as shown on the folio of the subsidiary strata land‑register comprising the lot, and an address within Singapore for the service of notices on the subsidiary proprietor of that lot;
(ba)the name of every transferee under the transfer of the lot, and the address within Singapore for service of notices on the transferee, as shown in notices given to the management corporation under section 65(2) or (3);
(c)the name of any mortgagee of the lot notice of whose mortgage has been given to the management corporation under section 65(4), the address within Singapore for the service of notices on the mortgagee as shown in that notice and any other mortgages which are specified in that notice as having priority over the mortgagee’s mortgage;
(d)the name of the representative of any company which is the subsidiary proprietor or mortgagee of the lot as shown in notices given to the management corporation for the purposes of section 65(10);
(e)the discharge, transfer, assignment or submortgage of any mortgage referred to in paragraph (c), as shown in a notice given to the management corporation under section 65(5) or (6) and, except in the case of a discharge, the address within Singapore for the service of notices on the transferee, assignee or submortgagee as shown in that notice;
(f)the date of entry into possession of the lot by a mortgagee as shown in a notice given to the management corporation under section 65(7);
(g)the address within Singapore for the service of notices on any person as shown in a notice given to the management corporation under section 65(1).
[35/2017]
(3A)  In this section, a reference to an address within Singapore for the service of notices includes a reference to an email address (if provided).
[35/2017]
(4)  The management corporation must record and maintain in the strata roll a copy of the by‑laws for the time being in force with respect to the subdivided building.
Supply of information, etc., by management corporations
47.—(1)  A management corporation must, upon application made to it in writing in respect of a lot which is the subject of the subdivided building concerned by a subsidiary management corporation, or by a subsidiary proprietor or mortgagee or prospective purchaser or mortgagee of that lot or by a person authorised in writing by such a subsidiary proprietor or mortgagee and on payment of the prescribed fee, do any one or more of the following things as are required of it in the application:
(a)inform the applicant of the name and address of the chairperson, secretary and treasurer of the management corporation and of any person who has been appointed under section 66 as managing agent;
(b)make available for inspection by the applicant or the applicant’s agent —
(i)the strata roll;
(ii)the notices and orders mentioned in section 29(1)(g);
(iii)the plans, specifications, certificates, drawings and other documents delivered under section 26(4);
(iv)the minutes of general meetings of the management corporation and of the council;
(v)the books of account of the management corporation;
(vi)a copy of the statement of accounts of the management corporation last prepared by the management corporation in accordance with section 38(10);
(vii)any notice under section 3, 8 or 16 of the Land Acquisition Act 1966, or any copy of an award under section 10 of that Act, received by the management corporation for any non‑lot acquisition relating to the strata title plan for which the management corporation is constituted; and
(viii)any other record or document in the custody or under the control of the management corporation,
at such time and place as may be agreed upon by the applicant or the applicant’s agent and the management corporation and, failing agreement, at the subdivided building at a time and on a date fixed by the management corporation under subsection (2);
(c)certify, as at the date of the certificate, in respect of the lot in respect of which the application is made —
(i)the amount of any regular periodic contributions determined by the management corporation under section 39(1) and (2) and the periods in respect of which those contributions are payable;
(ii)whether there is any amount unpaid of any contribution determined under section 39(1) and (2) and, if so, the amount thereof and the date on which any such contribution was levied;
(iii)whether there is any amount unpaid of any contribution levied under section 40 or 41 and, if so, the amount thereof and the date on which it was levied;
(iv)whether there is any amount recoverable from the subsidiary proprietor of that lot under section 30 and, if so, the amount thereof;
(v)any interest payable under section 40(6)(b) in respect of any unpaid contribution mentioned in that subsection;
(vi)whether the management corporation has received a copy of any application made to, or any order of, any Board or the General Division of the High Court under section 84A or 84FA of the Land Titles (Strata) Act 1967; and
(vii)whether the management corporation has received any notice under section 3, 8 or 16 of the Land Acquisition Act 1966, or any copy of an award under section 10 of that Act, for any non‑lot acquisition relating to the strata title plan for which the management corporation is constituted.
[13/2010; 26/2014; 40/2019]
(1A)  A management corporation for a strata title plan must, upon application made to it in writing by a collective sale committee constituted in accordance with the Land Titles (Strata) Act 1967 for the purposes of a collective sale under section 84A or 84FA of that Act and on payment by the collective sale committee of the prescribed fee, furnish a copy of extracts from the strata roll containing the information mentioned in section 46(3) in respect of every lot comprised in that strata title plan.
[13/2010]
(2)  Where an applicant and a management corporation fail to reach an agreement mentioned in subsection (1)(b) on or before the 7th day after the receipt of the application by the management corporation, the management corporation must immediately send by post to the applicant a notice fixing a time, specified in the notice, between 9 a.m. and 6 p.m. on a date so specified, being a date not later than the 21st day after the receipt of the application by the management corporation, for the making of the inspection mentioned in that subsection.
[35/2017]
(3)  In favour of a donee of, or a person taking for valuable consideration, an estate or interest in any lot, a certificate given under subsection (1)(c) by a management corporation in respect of that lot is conclusive evidence, as at the date of the certificate, of the matters stated therein.
(4)  A person entitled to inspect a document made available under subsection (1)(b) may take extracts from, or make a copy of, the document upon payment of a fee (if prescribed) but may not, without the consent of the management corporation, remove the document from the custody of the management corporation for the purpose of inspecting the document, taking extracts therefrom or making a copy thereof.
[35/2017]
Display of award of compensation for acquisition, etc.
47A.—(1)  If the management corporation is required by its by-laws to maintain a notice board, its council must —
(a)on or before the 7th day after the management corporation receives any notice under section 3, 8, 16 or any other provision under the Land Acquisition Act 1966, or any award under section 10 of that Act, for any non‑lot acquisition relating to the strata title plan for which the management corporation is constituted, cause a copy of every such notice or award to be displayed on the notice board; and
(b)for not less than 14 days keep displayed on that notice board the copy of that notice or award.
[26/2014; 35/2017]
(2)  If there is no notice board, the council concerned must give, within the period delimited by subsection (1)(a), each subsidiary proprietor who then constitutes the management corporation a copy of the notice or award mentioned in that subsection.
[26/2014]
Records, etc., of management corporation
48.—(1)  A person who has possession or control of —
(a)any records, books of account or keys belonging to a management corporation;
(b)the strata roll kept by a management corporation; or
(c)any other property of a management corporation,
must, not later than the 7th day after service on the person of notice of a resolution of the council requiring the person to do so, deliver those records, books of account and keys and that strata roll and other property to a member of the council specified in the notice.
[35/2017]
(1A)  Any person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[35/2017]
(2)  Every management corporation must retain all its records, books of account and any other documents relating to any of its transactions or operations for a period of not less than 5 years from the end of the financial year in which the transactions or operations to which those documents relate are completed.
(3)  Any management corporation which, without reasonable excuse, fails to comply with subsection (2) shall be guilty of an offence.
Restrictions on management corporation’s powers during initial period
49.—(1)  Despite any other provision of this Act, a management corporation constituted in respect of any strata title plan must not, during its initial period —
(a)amend, add to or revoke the by-laws in a manner that confers a right or imposes an obligation on one or more, but not all, subsidiary proprietors or in respect of one or more, but not all, lots in that strata title plan;
(b)alter any common property forming part of the parcel comprised in that strata title plan or erect any structure on the common property;
(c)grant an easement or a restrictive covenant burdening the parcel;
(d)execute a transfer of any part of the common property under section 34 or confer on any person the exclusive right to use and enjoy the common property;
(e)make any contract which confers upon any person the right to use, occupy, control or manage any part of the common property for a period extending beyond the expiry of the initial period;
(f)borrow moneys or give securities; or
(g)appoint a managing agent to hold office as such for a period extending beyond the expiry of the initial period,
unless the doing of that thing is authorised under section 50 or 51.
(2)  Any contract made by a management corporation constituted in respect of a strata title plan during its initial period, being a contract for the supply of services relating to the maintenance of any part of a parcel comprised in the strata title plan, is deemed to contain a provision therein that the contract may be terminated immediately by written notice given by the management corporation to the other party thereto without payment of any damage, fee or other compensation.
(3)  Without affecting any other remedy available against the owner developer of a development comprised in a strata title plan, if a management corporation constituted in respect of that strata title plan contravenes subsection (1) —
(a)the owner developer shall be liable for any loss suffered by the management corporation or any subsidiary proprietor as a result of the contravention; or
(b)the management corporation or any subsidiary proprietor may recover from the owner developer, as damages for breach of statutory duty, any loss suffered by the management corporation or subsidiary proprietor,
unless —
(c)the contravention occurred without the knowledge of the owner developer;
(d)the owner developer was not in a position to influence the conduct of the management corporation in relation to the contravention; and
(e)the owner developer, being in such a position, used all due diligence to prevent the contravention.
Permitted alterations to common property during initial period
50.  A management corporation constituted in respect of any parcel comprised in a strata title plan may, during its initial period, carry out any alteration to or erection of any structure on common property as mentioned in section 49(1)(b) if the management corporation is authorised to carry out that alteration or erection by a special resolution.
Commissioner’s power to authorise certain acts during initial period
51.—(1)  The Commissioner may, on an application made by a management corporation, make an order authorising the doing of anything referred to in section 49(1)(a), (c), (d), (e), (f) or (g).
(2)  Notice of an application under subsection (1) must be served, in accordance with any regulations made under this Act, on —
(a)the subsidiary proprietor of every lot in the subdivided building concerned, unless the subsidiary proprietor is the applicant;
(b)the registered mortgagee of every such lot; and
(c)such other persons as the Commissioner may direct.
(3)  The applicant and any person mentioned in subsection (2) (whether or not that person has been served with a notice of the application under subsection (1)) is entitled to be heard on the application.
(4)  The Commissioner must not make an order under this section unless he or she is satisfied that the order will serve the interests of the subsidiary proprietors or those persons having equitable interests in the lots.
Appeal against Commissioner’s decision
52.—(1)  Any person who is aggrieved with any decision of the Commissioner under section 51 may, at any time within the period specified in the notice, appeal to the Minister against the decision in the prescribed manner.
(2)  Unless otherwise provided, where an appeal is lodged under this section, the decision appealed against must be complied with until the determination of the appeal.
(3)  The Minister may determine an appeal under this section by confirming, varying or cancelling the decision of the Commissioner under section 51.
(4)  The decision of the Minister in any appeal under this section is final.
Division 3 — Councils
Council of management corporation
53.—(1)  Subject to this section and section 53A, after the first annual general meeting, every management corporation must have a council which consists of such number of persons as the management corporation may determine in a general meeting, but in no case exceeding a total of 14 natural persons (inclusive of any member of an executive committee of a subsidiary management corporation in section 80(4)), and these persons must be elected or appointed in accordance with this Act as follows:
(a)a chairperson;
(b)a secretary;
(c)a treasurer; or
(d)a member of the council,
all of whom must be natural persons elected or appointed in accordance with this Act.
[35/2017]
(2)  Despite subsection (1), where a management corporation has not more than 3 subsidiary proprietors, the council of the management corporation must consist of each subsidiary proprietor (if any) who is a natural person or the subsidiary proprietor’s nominee, together with the nominee of each subsidiary proprietor (if any) which is a company.
(3)  Where a management corporation has only one subsidiary proprietor, the sole subsidiary proprietor may make any decision that a duly convened council may make under this Act, and any such decision is deemed to be a decision of the council of the management corporation.
(4)  All the members of the council of a management corporation must be elected at each annual general meeting of the management corporation.
(5)  The members of the council of a management corporation must retire from office at the conclusion of the next annual general meeting of the management corporation, but a retiring member of the council is (subject to the provisions of this Act) eligible for re‑election.
(6)  A person is ineligible for election as a member of the council of a management corporation unless he or she is an individual of at least 21 years of age and who —
(a)is a subsidiary proprietor of a lot;
(b)is nominated for election by a subsidiary proprietor of a lot which is a company; or
(c)is not a subsidiary proprietor but is a member of the immediate family of a subsidiary proprietor and is nominated for election by that subsidiary proprietor.
(7)  Despite subsection (6), an individual mentioned in that subsection is ineligible for election as a member of the council of a management corporation if, on the 3rd day before the date of election —
(a)where the individual is a subsidiary proprietor of a lot — all or any part of the contributions and any other moneys levied or recoverable by the management corporation under this Act in respect of that lot are in arrears;
(b)where the individual is nominated for election by a subsidiary proprietor of a lot which is a company — all or any part of the contributions and any other moneys levied or recoverable by the management corporation under this Act in respect of that lot are in arrears; or
(c)where the individual is a member of the immediate family of a subsidiary proprietor of a lot and is nominated for election by that subsidiary proprietor — all or any part of the contributions and any other moneys levied or recoverable by the management corporation under this Act in respect of that lot are in arrears.
(8)  Despite subsection (6) and without affecting subsection (7), the following persons are also ineligible for election as a member of the council:
(a)an individual who is a joint subsidiary proprietor of a lot with another subsidiary proprietor, if that other subsidiary proprietor is also a candidate at that election or has nominated another person for that election;
(b)an individual who is nominated for election by a subsidiary proprietor who owns 2 or more lots, if that subsidiary proprietor together with any of that subsidiary proprietor’s nominees —
(i)nominated at the same election; or
(ii)elected or appointed to the council at the same or other election,
or that subsidiary proprietor’s nominees, exceed the threshold number for that subsidiary proprietor determined in accordance with subsection (12).
(9)  Despite subsection (6) and without affecting subsections (7) and (8), an undischarged bankrupt is eligible for election as a member of the council if, and only if, his or her status as an undischarged bankrupt is declared in writing, whether by himself or herself or by another, at the time of his or her nomination.
(9A)  Despite subsection (6) and without affecting subsections (7), (8) and (9), a person is ineligible for election or re‑election to office under subsection (1) —
(a)as a chairperson if the person is already elected as the treasurer or secretary;
(b)as a treasurer if the person is already elected as the chairperson or secretary; and
(c)as a secretary if the person is already elected as the chairperson or treasurer.
[35/2017]
(9B)  Despite subsection (6) and without affecting subsections (7), (8), (9) and (9A), a person is ineligible for election or re‑election to office as a treasurer under subsection (1) if the re‑election would result in the person holding office as a treasurer for 3 consecutive terms.
[35/2017]
(10)  Where there is no council of a management corporation, the parcel comprised in a strata title plan must be administered by the management corporation constituted for that strata title plan, but nothing in this subsection prevents a managing agent appointed under this Act from exercising or performing any power, duty or function conferred or imposed upon the managing agent.
(11)  The Second Schedule has effect with respect to the proceedings of the council of a management corporation.
(12)  For the purposes of determining the eligibility of any subsidiary proprietor’s nominee for election as a member of a council under subsection (8)(b), the threshold number for that subsidiary proprietor is —
(a)the number of council members that is proportional to the subsidiary proprietor’s share value, ignoring any fraction; or
(b)49% of the number of council members determined under subsection (1), ignoring any fraction,
whichever number is lower.
Councils for mixed‑use developments
53A.—(1)  This section applies only in relation to a management corporation with more than 3 subsidiary proprietors constituted for a parcel in a strata title plan, whether or not comprising limited common property but consisting of buildings authorised under the Planning Act 1998 for 2 or more of the following classes of use:
(a)residence;
(b)office;
(c)commercial (other than as an office), such as a shop, food establishment or theatre;
(d)boarding premises, such as a hotel, serviced apartment or nursing home;
(e)a prescribed purpose.
[35/2017]
(2)  Subject to this section, in the case of a management corporation of a mixed‑use development mentioned in subsection (1), there must be reserved for each class of use mentioned in that subsection and authorised for that development under the Planning Act 1998, at least one office as member of the council of that management corporation (called in this Act a reserved council office).
[35/2017]
(3)  Despite section 53(6) and without affecting section 53(7), (8), (9), (9A) and (9B), a person is ineligible for election or re‑election under section 53 to a reserved council office for a particular class of use if the person —
(a)is not a subsidiary proprietor of a lot in that development authorised for that class of use; and
(b)is not a nominee of a subsidiary proprietor in paragraph (a).
[35/2017]
(4)  Where at the close of nominations at a general meeting for a reserved council office, only one person eligible for election to that office is nominated for that office, that person is deemed elected to that reserved council office without voting.
[35/2017]
(5)  However, where at the close of nominations at a general meeting for a reserved council office, no person eligible for election to that office is nominated, then that office ceases to be a reserved council office; and an election to that office is not subject to this section.
[35/2017]
(6)  Where at the close of nominations at a general meeting for a reserved council office, more than one person eligible for election to that reserved council office is nominated (called in this section a candidate), the matter must be put to a vote, and the candidate to whom the greatest number of votes is given at the election must be declared elected to that reserved council office.
[35/2017]
(7)  The remaining offices in the council that are not reserved must be filled —
(a)firstly from among the candidates not declared elected to any reserved council seat after a vote is taken at the election (called in this section an unsuccessful candidate); and
(b)on the basis of the number of votes they received at the same election in the following order of priority — by the unsuccessful candidate receiving the highest votes being placed first and other unsuccessful candidates being placed in descending order according to votes received by them.
[35/2017]
(8)  When, after the counting of votes cast for the candidates is completed, an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of the candidates to be declared elected to an office of a council, the determination of the candidate to whom the one additional vote is to be treated as being given must, unless one of the candidates withdraws from the election, be made by drawing lots in the manner that the person presiding at the general meeting determines.
[35/2017]
Nomination of candidates for election as member
53B.—(1)  A nomination of a person for election to be a member of the council of a management corporation or the executive committee of a subsidiary management corporation is of no effect if subsections (2), (3) and (4) are not complied with for that nomination.
[35/2017]
(2)  Only a subsidiary proprietor, or a person entitled to vote at a general meeting of a management corporation or subsidiary management corporation, may nominate a person for election as a member of the council of the management corporation or the executive committee of the subsidiary management corporation, as the case may be.
[35/2017]
(3)  A nomination for election to be a member of the council of a management corporation or the executive committee of a subsidiary management corporation —
(a)may be oral or in writing;
(b)must —
(i)if oral, be made at the general meeting of the management corporation or subsidiary management corporation for the purposes of the election; or
(ii)if in writing, be given at least 48 hours before the start of the meeting at which the election is to be held to the secretary of the management corporation or subsidiary management corporation, or to the convenor of the meeting in the case of the first annual general meeting; and
(c)must state —
(i)the name of the person nominated (called in this Act the candidate); and
(ii)the name of the person making the nomination (who may or may not be the candidate).
[35/2017]
(4)  A nomination, whether oral or made in writing, made for the purposes of an election at a general meeting of a management corporation or subsidiary management corporation, is effective only if it is accompanied by the consent of the candidate —
(a)given in writing at least 48 hours before the start of the meeting at which the election is to be held to the secretary of the management corporation or subsidiary management corporation, or to the convenor of the meeting in the case of the first annual general meeting; or
(b)given orally at the meeting.
[35/2017]
(5)  Any consent by a candidate for election to be a member of the council of a management corporation or the executive committee of a subsidiary management corporation may be effectively withdrawn only by the candidate in person at the general meeting and before the election at the general meeting starts.
[35/2017]
Vacation of office of member of council
54.—(1)  A person who is the chairperson, secretary or treasurer or a member of a council must vacate his or her office as such a member —
(a)if the person was a subsidiary proprietor at the time of his or her appointment or election and he or she ceases to be a subsidiary proprietor;
(b)if the person was the nominee of a subsidiary proprietor and the subsidiary proprietor who nominated him or her —
(i)ceases to be a subsidiary proprietor; or
(ii)notifies the management corporation in writing that the person’s office as a member of the council is vacated;
(c)if the person fails to attend 3 consecutive meetings of the council without having first obtained from the council permission to be or to remain absent therefrom, the granting of which must not be unreasonably withheld;
(d)upon the receipt by the management corporation from the person of written notice of the person’s resignation;
(e)at the end of the next annual general meeting of the management corporation or upon the election at a general meeting of another person to that office, if earlier;
(f)where the person is a member under section 53(2) or (3) and the number of subsidiary proprietors increases to more than 3, upon the election of the members of the council at the first annual general meeting held after that increase;
(g)if the management corporation removes the person from his or her office;
(h)if the person dies;
(i)if the person becomes mentally disordered and incapable of managing himself or herself or his or her affairs; or
(j)if the person is convicted, on or after 1 April 2005, by a court in Singapore or elsewhere of an offence involving fraud or dishonesty.
[21/2008; 35/2017]
(2)  A management corporation may remove a member of its council from office —
(a)without a general meeting —
(i)where the member is a subsidiary proprietor at the time of his or her appointment or election — if all or any part of the member’s contributions or any other moneys levied or recoverable by the management corporation under this Act in respect of his or her lot are in arrears for more than 3 months; or
(ii)where the member is a nominee of a subsidiary proprietor — if all or any part of that subsidiary proprietor’s contributions or any other moneys levied or recoverable by the management corporation under this Act in respect of the subsidiary proprietor’s lot are in arrears for more than 3 months; or
(b)by ordinary resolution at a general meeting in any other case, including on any of the following grounds:
(i)misconduct;
(ii)neglect of duty;
(iii)incapacity or failure to carry out satisfactorily the duties of the member’s office.
(3)  Upon the occurrence of a vacancy in the office of the chairperson, secretary or treasurer or other member of the council, otherwise than by reason of subsection (1)(e) or (f), the council may appoint a person eligible for election as such to fill the vacancy, and any person so appointed holds that office for the balance of his or her predecessor’s term of office.
(3A)  However, an appointment under subsection (3) of a person to fill a vacancy is of no effect if the person does not consent orally in person or in writing to that appointment.
[35/2017]
(4)  The members for the time being of the council, despite anything in the Second Schedule, constitute a quorum at a meeting of the council for the purpose only of —
(a)appointing a person under subsection (3) to fill a vacancy in the office of the chairperson, secretary, treasurer or other member of a council; or
(b)convening a general meeting of the management corporation for that purpose.
Chairperson, secretary and treasurer of council
55.—(1)  The chairperson, secretary and treasurer of the council of a management corporation are the chairperson, secretary and treasurer of the management corporation.
(2)  Where the chairperson, secretary and treasurer of the council have not been appointed by the management corporation at its annual general meeting, the members of the council must, at the first meeting of the council after they assume office, appoint the chairperson, secretary and treasurer of the council.
(3)  A person —
(a)must not be appointed to the office of chairperson, secretary or treasurer of the council unless the person is a member of the council; and
(b)subject to this section, may be appointed to one or more of those offices.
(4)  A person appointed to the office of chairperson, secretary or treasurer of the council holds office until —
(a)the person ceases to be a member of the council;
(b)the management corporation receives from the person written notice of his or her resignation from that office; or
(c)another person is appointed by the council or by the management corporation in a general meeting to hold that office,
whichever first happens.
(5)  Despite anything in this Act, a person appointed to the office of chairperson, secretary or treasurer of the council of a management corporation must not resign his or her office until —
(a)a meeting of the council is first convened for the purpose of appointing another person to fill the vacancy; or
(b)a general meeting is first convened for the purpose of electing another person to fill the vacancy,
and any purported resignation or vacation of office in breach of this subsection is deemed to be invalid.
(6)  If a management corporation carries on business without any chairperson, secretary and treasurer for more than 6 months, every person who, for the whole or any part of the period that the management corporation is so carrying on business after those 6 months —
(a)is a subsidiary proprietor constituting the management corporation; and
(b)knows that the management corporation is carrying on business in that manner,
shall be jointly and severally liable for the payment of all the debts of the management corporation contracted during the period after those 6 months or, as the case may be, that part of it, and may be sued therefore.
(7)  Despite any other provisions of this Act, an individual must not be appointed under this section to hold office —
(a)as a chairperson if the person is already the treasurer or secretary;
(b)as a treasurer if —
(i)the person is already the chairperson or secretary; or
(ii)the re‑appointment would result in the person holding office as a treasurer for 3 consecutive terms; or
(c)as a secretary if the person is already the chairperson or treasurer.
[35/2017; 2/2020]
Duties of secretary of council
56.  The duties of the secretary of the council of a management corporation include the following:
(a)to prepare and distribute minutes of meetings of the management corporation and submit a motion for confirmation of the minutes of any meeting of the management corporation at the next such meeting;
(b)to give on behalf of the management corporation and of the council the notices required to be given under this Act;
(c)to maintain the strata roll;
(d)to enable the inspection of documents on behalf of the management corporation in accordance with section 47;
(e)to answer communications addressed to the management corporation;
(f)to convene meetings of the council and (apart from its first annual general meeting) of the management corporation;
(g)to attend to matters of an administrative or secretarial nature in connection with the exercise, by the management corporation or the council, of its functions.
Duties of treasurer of council
57.—(1)  The duties of the treasurer of the council of a management corporation include the following:
(a)to notify subsidiary proprietors of any contribution levied in accordance with this Act;
(b)to receive, acknowledge, bank and account for any money paid to the management corporation;
(c)to prepare any certificate applied for under section 47(1)(c);
(d)to keep the accounting records and prepare the financial statements of the management corporation.
(2)  A person must not exercise or perform any of the powers, duties or functions of the management corporation or the treasurer of the management corporation, being powers, duties or functions relating to the receipt or expenditure of, or accounting for, moneys, or the keeping of the books of account, of the management corporation, unless the person is —
(a)a subsidiary proprietor of the management corporation or a member of the council and is the treasurer of the management corporation or of the council;
(b)a managing agent who is empowered to exercise or perform those powers, duties or functions; or
(c)a person with whom the treasurer of the management corporation is required by an order of the council to exercise or perform jointly those powers, duties or functions, and who is enabling the treasurer to comply with the order.
(3)  The treasurer of a management corporation may delegate the exercise or performance of any of his or her powers (other than this power of delegation), duties or functions as treasurer, the delegation of which is specifically approved by the council of the management corporation, to another member of the council so approved, subject to such limitations as to time or otherwise as are so approved.
(4)  While a delegate is acting in accordance with the terms of a delegation under subsection (3), the delegate is deemed to be the treasurer of the management corporation.
(5)  The council of a management corporation may, by written notice served on the treasurer of the management corporation, order that he or she must not exercise or perform any of his or her powers, duties or functions that are specified in the notice, unless he or she does so jointly with another person so specified.
Council’s decisions to be decisions of management corporation
58.—(1)  Subject to the provisions of this Act, the decision of a council on any matter, other than a restricted matter, is the decision of the management corporation.
(2)  Even though a council holds office, the management corporation may in a general meeting continue to exercise or perform all or any of the powers, duties and functions conferred or imposed on the management corporation by this Act or the by‑laws.
(3)  A council must not make a decision on any matter if, before the decision is made, written notice has been given to the secretary of the council by subsidiary proprietors who altogether own not less than one‑third of the lots in the subdivided building concerned that the making of the decision is opposed by those subsidiary proprietors, and any decision, if made by the council, has no force or effect.
(4)  In subsection (1), “restricted matter”, in relation to a council of a management corporation, means —
(a)any matter a decision on which may, in accordance with any provision of this Act or the by‑laws, only be made by the management corporation pursuant to a unanimous resolution, special resolution, 90% resolution, comprehensive resolution, resolution by consensus or in a general meeting of the management corporation, or only by the council at a meeting; and
(b)any matter referred to in section 59 and specified in a resolution of that management corporation passed for the purposes of that section.
Restrictions imposed on council by management corporation
59.  A management corporation may in a general meeting decide, by ordinary resolution, what matters or class of matters (if any) must be determined only by the management corporation in a general meeting.
[35/2017]
Disclosure of interests in contracts, property, offices, etc.
60.—(1)  Subject to subsections (2) and (3), if a member of a council has a pecuniary interest, direct or indirect, in any contract, proposed contract or other matter which is before any meeting of the council or management corporation, the member must at that meeting —
(a)declare the nature of his or her interest;
(b)not take part in the consideration or discussion of, or vote on any question with respect to, that contract or proposed contract or other matter; and
(c)if the chairperson or the person presiding at that meeting so directs, withdraw from the meeting during the consideration or discussion unless asked by the council to be present to provide information.
(2)  The requirements of subsection (1) do not apply in any case where the interest of the member of a council consists only of being a member or creditor of a company which is interested in a contract or proposed contract with the management corporation if the interest of the member may properly be regarded as not being a material interest.
(3)  For the purposes of subsection (1), a general notice given to the members of a council by a member to the effect that the member is an officer or a member of a specified company or a member of a specified firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with that company or firm is deemed to be a sufficient declaration of interest in relation to any contract so made if it specifies the nature and extent of that member’s interest in that company or firm and that member’s interest is not different in nature or greater in extent than the nature and extent so specified in the general notice at the time any contract is so made.
(4)  No such notice is of effect unless —
(a)it is given at a meeting of the council; or
(b)the member takes reasonable steps to ensure that it is brought up and read at the next meeting of the council after it is given.
(5)  Every member of a council who holds any office or possesses any property whereby, directly or indirectly, duties or interests might be created in conflict with the member’s duties or interests as a member of the council must declare at a meeting of the council the fact and the nature, character and extent of the conflict.
(6)  The declaration must be made at the first meeting of the council held —
(a)after he or she becomes a member of the council; or
(b)if already a member of the council, after he or she commences to hold the office or to possess the property,
as the case requires.
(7)  The secretary of the council must record every declaration under this section in the minutes of the meeting at which it was made.
(8)  For the purposes of this section, an interest of an immediate family member of a member of the council is to be treated as an interest of the member.
(9)  Except as provided in subsection (3), this section is in addition to and not in derogation of the operation of any rule of law restricting a member of a council from having any interest in contracts with the management corporation or from holding offices or possessing properties involving duties or interests in conflict with the member’s duties or interests as a member of a council.
(10)  Any member of a council who fails to comply with any provision of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
Duty and liability of council members and officers
61.—(1)  A member of a council must at all times act honestly and use reasonable diligence in the discharge of the duties of the member’s office.
(2)  A member of a council, or an officer or an agent or a managing agent of a management corporation, must not use his, her or its position as a member of the council or as an officer, an agent or a managing agent of the management corporation to gain, directly or indirectly, an advantage for himself, herself or itself or for any other person or to cause detriment to the management corporation.
(3)  Any person who commits a breach of any provision of this section shall —
(a)be liable to the management corporation for any profit made by the person or for any damage suffered by the management corporation as a result of the breach of any such provision; and
(b)be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(4)  This section is in addition to and not in derogation of any other written law or rule of law relating to the duty or liability of members of a council.
(5)  In this section —
“agent” includes a banker, a solicitor or an auditor of a management corporation and any person who at any time has been a banker, a solicitor or an auditor of the management corporation;
“officer” includes a person who at any time has been an officer of a management corporation.
Division 4 — Subsidiary proprietors and occupiers
Share values
62.—(1)  The share value of a lot as shown in a schedule of strata units determines —
(a)the voting rights of the subsidiary proprietors of that lot;
(b)the quantum of the undivided share of the subsidiary proprietor of that lot in the common property comprised in that strata title plan; and
(c)subject to sections 41 and 108(3), the amount of contributions that may be levied by a management corporation on the subsidiary proprietor of that lot.
(2)  Except as provided in this Act or the Land Titles (Strata) Act 1967, the share value of any lot must not be altered in any manner on or after the date of constitution of the management corporation.
Duties of subsidiary proprietors and other occupiers of lots
63.  A subsidiary proprietor, mortgagee in possession (whether personally or by any other person), lessee or occupier of a lot must not —
(a)do anything or permit anything to be done on or in relation to that lot so that —
(i)any support or shelter provided by that lot for another lot or common property is interfered with; or
(ii)the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services (including telephone, radio and television services) through or by means of any pipe, wire, cable or duct for the time being in the lot is interfered with;
(b)use or enjoy that lot, or permit that lot to be used or enjoyed, in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot (whether that person is a subsidiary proprietor or not);
(c)use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is a subsidiary proprietor or not) or by any other person entitled to the use and enjoyment of the common property; or
(d)use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is a subsidiary proprietor or not) or by any other person entitled to the use and enjoyment of that lot.
Individuals may act for corporate subsidiary proprietors and mortgagees
64.—(1)  A company may, and is deemed always to have been able to, authorise an individual to exercise or perform on its behalf any power, duty or function conferred by this Act on the company as subsidiary proprietor or mortgagee of a lot and may revoke the authority of any individual so authorised.
(2)  Where an individual exercises or performs a power, duty or function that the individual is authorised by a subsidiary proprietor or mortgagee of a lot under subsection (1) to exercise or perform, the power, duty or function is deemed to be exercised or performed by the subsidiary proprietor or mortgagee (as the case may be) of the lot.
(3)  Nothing in subsection (1) or (2) affects any liability or obligation imposed under this Act on a corporation which is a subsidiary proprietor or mortgagee of a lot.
(4)  A document under the seal of a subsidiary proprietor which is a company purporting to be an authorisation or a revocation of an authorisation under subsection (1) is admissible in evidence and is, until the contrary is proved, deemed to be such an authorisation or revocation, as the case may be.
Notices to be given by subsidiary proprietors and mortgagees
65.—(1)  A subsidiary proprietor or any person who, under this section, has given to the management corporation notice of an address within Singapore for the service of notices on the subsidiary proprietor or person must give written notice to the management corporation of any change of address for service of notices on the subsidiary proprietor or person.
(2)  Upon the transfer of an estate or interest in a lot pursuant to completion of a sale of that lot by its registered subsidiary proprietor to the purchaser or the purchaser’s nominee, or by way of gift to a donee, the registered subsidiary proprietor must, not later than the 10th day after the date that the instrument of transfer is registered under the Land Titles Act 1993, give to the management corporation written notice of the transfer which must identify the lot and —
(a)specify the name of the transferee in full and an address within Singapore for service of notices on the transferee and the date of the registration of the transfer; and
(b)bear a certification by the transferee or the transferee’s solicitor of the accuracy of the information contained in the notice.
[35/2017]
(3)  Where the subsidiary proprietor of a lot fails to comply with a notice given by the management corporation under subsection (8) requiring the subsidiary proprietor to give a notice under subsection (2), the transferee under the transfer may give to the management corporation written notice of the transfer which must identify the lot and specify the name of the transferee in full and an address within Singapore for service of notices on the transferee and the date upon which the transfer was registered under the Land Titles Act 1993.
[35/2017]
(4)  After the registration of an executed mortgage of a lot, the mortgagee may give to the management corporation written notice of the mortgage which must identify the lot and —
(a)specify the name of the mortgagee in full and an address within Singapore for the service of notices on the mortgagee and the date on which the mortgage was so registered;
(b)specify any mortgages of the lot which have priority over the mortgage referred to in the notice; and
(c)bear written confirmation by the mortgagor of the accuracy of the information contained in the notice.
[35/2017]
(5)  After the registration of a discharge of a mortgage of a lot or a discharge of a submortgage of a mortgage of a lot, the mortgagor may give to the management corporation written notice of the discharge which must identify the lot and the mortgage that has been discharged and —
(a)specify the date on which the discharge was so registered; and
(b)bear written confirmation by the mortgagee of the discharge of the mortgage.
[35/2017]
(6)  After the registration of a dealing, being a transfer or submortgage of a lot, the transferee or submortgagee may give to the management corporation written notice of the dealing which must identify the lot and —
(a)specify the name of the transferee or submortgagee in full and an address within Singapore for service of notices on the transferee or submortgagee and the date on which the transfer or submortgage was so registered; and
(b)bear written confirmation by the transferor or submortgagor of the accuracy of the information contained in the notice.
[35/2017]
(7)  After the entry into possession of a lot by a mortgagee, the mortgagee must give to the management corporation written notice which must identify the lot and specify the date on which the mortgagee entered into possession.
(8)  Where a management corporation has reason to believe that a person is required under this section to give a notice to it and the management corporation has not received that notice, the management corporation may serve a notice on that person specifying the capacity in which it believes that person is obliged to give the notice and requiring that person —
(a)to state, not later than the 14th day after the notice was served on that person, whether or not that person is a person obliged to give a notice in that capacity; and
(b)if the person is such a person, to give that notice.
[35/2017]
(9)  Where a management corporation has served a notice under subsection (8) on a person whom it believes to be a person entitled to give a notice to the management corporation under this section and that person has not complied with the firstmentioned notice, that person is not entitled to cast a vote at any general meeting of the management corporation until that person has complied with the firstmentioned notice.
(10)  A vote cast at a general meeting of a management corporation by or on behalf of a subsidiary proprietor who is a company has no effect unless the management corporation has received written notice specifying the representative of that subsidiary proprietor.
(11)  A notice mentioned in subsection (10) may be included in any other notice that the subsidiary proprietor to which it relates or any other person is entitled under this section to give to the management corporation.
(12)  In this section, a reference to an address within Singapore for the service of notices includes a reference to a fax number in Singapore and an email address (if provided).
[35/2017]
Division 5 — Managing agents
Appointment of managing agent of management corporation
66.—(1)  Subject to subsection (3), a managing agent for a management corporation may be appointed —
(a)by the management corporation by ordinary resolution; or
(b)by the council of the management corporation without a general meeting if duly authorised to do so by the subsidiary proprietors at the last preceding general meeting of the management corporation.
(2)  Any managing agent appointed under subsection (1) by a management corporation holds office until —
(a)the conclusion of the third annual general meeting of the management corporation after the managing agent’s appointment;
(b)the expiry of the term of the managing agent’s appointment; or
(c)the termination of the managing agent’s appointment in accordance with this section,
whichever first occurs.
(3)  The fees and expenses of a managing agent are fixed —
(a)where the managing agent is appointed under subsection (1)(a) — by the management corporation at a general meeting or, if so authorised by the subsidiary proprietors at the last preceding general meeting, by the council of the management corporation; or
(b)where the managing agent is appointed under subsection (1)(b) — by the council of the management corporation without a general meeting.
(4)  A managing agent who is in any way, directly or indirectly, related to a subsidiary proprietor of a lot in the subdivided building concerned must declare in writing the nature of the managing agent’s relationship prior to the managing agent’s appointment.
(5)  A managing agent who retires from office is eligible for reappointment.
(6)  A management corporation may terminate the appointment of its managing agent under this section at any time in accordance with the terms of the appointment —
(a)if authorised by ordinary resolution at a general meeting; or
(b)without a general meeting if authorised by its subsidiary proprietors at the last preceding general meeting.
Delegated duty and liability of managing agent
67.—(1)  Subject to subsection (2), a management corporation may, by instrument in writing, delegate to its managing agent appointed under section 66(1) —
(a)all of its powers, duties and functions;
(b)any one or more of its powers, duties and functions specified in the instrument; or
(c)all of its powers, duties and functions except those specified in the instrument.
(2)  A management corporation must not under this section delegate to a managing agent its power to make —
(a)a delegation under this section;
(b)a decision on any matter which may, in accordance with any provision of this Act or the by‑laws, only be made by the management corporation pursuant to a unanimous resolution, special resolution, 90% resolution, resolution by consensus or at a general meeting of the management corporation; or
(c)a decision on any matter referred to in section 59 and specified in a resolution of that management corporation passed for the purposes of that section.
(3)  Where an ordinary resolution of the management corporation so provides, a managing agent has and may exercise the powers and perform all the duties and functions of the chairperson, secretary or treasurer or the council of the management corporation or such of those powers, duties and functions as may be specified in the resolution.
(4)  A power, duty or function, the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the delegation.
(5)  A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of all or any of the powers, duties or functions, or as to time or circumstances, as may be specified in the instrument of delegation.
(6)  Despite any delegation made under this section, a management corporation or, in the case of a delegation under subsection (3), the chairperson, secretary or treasurer or the council of the management corporation may continue to exercise or perform all or any of the delegated powers, duties or functions.
(7)  Any act or thing done or suffered by a managing agent while acting in the exercise of a delegation under subsection (1) —
(a)has the same force and effect as if it had been done or suffered by the management corporation; and
(b)is deemed to have been done or suffered by the management corporation.
(8)  Any act or thing done or suffered by a managing agent while acting in the exercise of a delegation under subsection (3) —
(a)has the same force and effect as if it had been done or suffered by the chairperson, secretary, treasurer or council of the management corporation, as the case may be; and
(b)is deemed to have been done or suffered by the chairperson, secretary, treasurer or council of the management corporation, as the case may be.
(9)  Where —
(a)a contravention by a management corporation of a provision of this Act or any written law that imposes a duty on the management corporation is an offence under this Act or that other written law; and
(b)the performance of the duty has been delegated to a managing agent,
the provision is, while the delegation remains in force, to be construed as if a reference therein to the management corporation were a reference to the managing agent.
Prohibited activity for managing agent
68.—(1)  Subject to this Act, a managing agent must not, whether personally or in the person of the managing agent’s employee or agent —
(a)by word, message, writing or in any other manner endeavour to persuade any person to give, or to dissuade any person from giving, the person’s vote (by proxy or in person) in any particular way at any election of members of the council of a management corporation or executive committee of a subsidiary management corporation;
(b)visit any person entitled to vote at that election at the person’s home or place of work for the purposes of any candidate’s election at that election; or
(c)conduct any other activity for the purposes of any candidate’s election at that election.
(2)  A vote by a proxy who is a managing agent is invalid if it would obtain or assist in obtaining a pecuniary interest for, or confer or assist in conferring any other material benefit on, the proxy.
(3)  Any managing agent who contravenes subsection (1) shall be guilty of an offence.
(4)  In this section, unless the context otherwise requires —
“for the purposes of any candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at an election of members of the council of a management corporation or the executive committee of a subsidiary management corporation (as the case may be), and includes prejudicing the electoral prospects of another candidate at that election;
“material benefit” includes, but is not limited to, the following:
(a)an extension of the term or an additional term of appointment of the proxy as managing agent;
(b)an increase in the remuneration of the proxy;
(c)a decision of the management corporation not to proceed with, to withdraw, to delay, to compromise or to settle litigation or other legal proceedings relating to the proxy;
(d)any other decision of the management corporation that affects litigation or other legal proceedings relating to the proxy.
Division 6 — Insurance
Interpretation of this Division
69.  In this Division, unless the context otherwise requires —
“damage policy”, in relation to a subdivided building, means a contract of insurance providing, in the event of the subdivided building being destroyed or damaged by fire, lightning, explosion or any other occurrence specified in the policy —
(a)for —
(i)the rebuilding of the subdivided building or its replacement by a similar building in the event of its destruction; and
(ii)the repair of damage to, or the restoration of the damaged portion of, the subdivided building in the event of its being damaged but not destroyed,
so that, in the case of destruction, every part of the rebuilt building or the replacement building and, in the case of damage, the repaired or restored portion, is in a condition no worse nor less extensive than that part or portion or its condition when that part or portion was new; and
(b)for the payment of expenses incurred in the removal of debris and the remuneration of architects and other persons whose services are necessary as an incident to the rebuilding, replacement, repair or restoration;
“subdivided building” includes —
(a)subsidiary proprietors’ improvements and subsidiary proprietors’ fixtures forming part of the subdivided building other than paint, wallpaper and temporary wall, floor and ceiling coverings;
(b)a building consisting entirely of common property; and
(c)anything prescribed as forming part of a building for the purposes of this definition,
but does not include —
(d)fixtures removable by a lessee at the expiry of a tenancy; or
(e)anything prescribed as not forming part of a subdivided building for the purposes of this definition.
Insurance of subdivided buildings
70.—(1)  Unless otherwise directed by a resolution by consensus, the management corporation constituted in respect of a strata title plan must insure every subdivided building shown in the strata title plan and keep the building insured under a damage policy.
(2)  A damage policy may provide that, instead of the work and the payments specified in the definition of “damage policy” in section 69 being carried out or made upon the occurrence of any of the events specified in that definition, the liability of the insurer is, upon the occurrence of any such event, limited to an amount specified in the policy that is not less than an amount calculated in the prescribed manner.
Further insurance by management corporation
71.—(1)  In addition to insurance effected by a management corporation under section 70, the management corporation must effect insurance —
(a)in respect of any occurrence against which it is required by law to insure, including any insurance required to be effected by reason of the provisions of the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act;
(b)in respect of damage to property, death or bodily injury occurring upon the common property for which the management corporation could become liable in damages;
(c)against the possibility of the subsidiary proprietors becoming jointly liable by reason of a claim arising in respect of any other occurrence against which the management corporation decides to insure; and
(d)in respect of any liability incurred by a person holding the office of chairperson, secretary, treasurer of the management corporation or member of the council of the management corporation because of an act or omission, committed or omitted in good faith, in performing the functions of that office.
[35/2017; 27/2019]
(2)  Insurance effected under subsection (1)(b) must be for a cover of such amount as the management corporation determines that is not less than an amount prescribed by the regulations.
(3)  A management corporation may insure any property which it is not required to insure under this Act and in which it has an insurable interest.
(3A)  Every decision required or authorised by this section to be made by a management corporation is by an ordinary resolution.
[35/2017]
(4)  For the purposes of a policy of insurance effected under subsection (1)(b), the common property is deemed to be vested in the management corporation.
(5)  Regulations made under this Act may vary the amount of minimum cover required by subsection (2) for insurance effected under subsection (1)(b).
(6)  A subsidiary proprietor may bring against the management corporation of which the subsidiary proprietor is a member any action that the subsidiary proprietor may have brought against the management corporation if the subsidiary proprietor had not been a member of the management corporation.
(7)  Where an insurer of a management corporation admits a claim by the management corporation based on an act or omission by a subsidiary proprietor who is a member of the management corporation, the insurer does not have a right of subrogation in relation to the subsidiary proprietor based on that act or omission unless it was proved that the act or omission is wilful.
Insurance by subsidiary proprietor
72.—(1)  Nothing in this Part limits or affects any right of a subsidiary proprietor to effect insurance.
(2)  Insurance effected by a subsidiary proprietor does not affect, and must not be taken into consideration in determining, the amount payable to a management corporation under a contract of insurance entered into between it and an insurer under this Part, despite anything in that contract of insurance.
Insurance of mortgaged lot
73.—(1)  A contract of insurance may be entered into by a subsidiary proprietor in respect of damage to the subsidiary proprietor’s lot in a sum equal to the amount secured at the date of the contract by mortgages of and charges affecting the subsidiary proprietor’s lot and where such a contract is in force —
(a)subject to the terms and conditions of the contract —
(i)any payment to be made under that contract by the insurer in respect of damage must be made to the mortgagees and chargees whose interests are noted thereon in order of their respective priorities; and
(ii)the amount of the payment is the amount stated in the contract, the amount of the loss, or an amount sufficient at the date of the loss, to discharge mortgages of and charges affecting the lot, whichever is the least amount;
(b)where the amount so paid by the insurer equals the amount necessary to discharge a mortgage of the lot, the insurer is entitled to an assignment of the mortgage; and
(c)where the amount so paid by the insurer is less than the amount necessary to discharge a mortgage of the lot, the insurer is entitled to a submortgage of that mortgage to secure the amount so paid on terms and conditions agreed upon as provided in subsection (2) or, failing agreement, on the same terms and conditions as those contained in the mortgage.
(2)  For the purposes of subsection (1)(c), any insurer and mortgagee may at any time, whether before or after a contract of insurance referred to in subsection (1) has been entered into by a subsidiary proprietor, agree upon the terms and conditions of the submortgage.
(3)  A contract of insurance entered into as referred to in subsection (1) is not liable to be brought into contribution with any other such contract of insurance except another such contract of insurance which —
(a)is in respect of damage to the same lot; and
(b)relates to the same debt,
as that referred to in the firstmentioned contract of insurance.
Rebuilding
74.  Subject to any order made under section 77 or 78 of the Land Titles (Strata) Act 1967 (relating to the termination of a strata subdivision scheme), where a management corporation receives payment of moneys from an insurer in respect of destruction of or damage to a subdivided building, those moneys must immediately be applied by the management corporation in rebuilding, replacing, repairing or restoring the subdivided building, as the case may require.
Insurable interest of management corporation
75.  A management corporation is deemed to have an insurable interest in the subject matter of any contract of insurance entered into by it under this Division.
Division 7 — Subsidiary management corporations and limited common property
Application of this Division
76.—(1)  Subject to subsection (2), this Division applies only to any development on a parcel —
(a)which is intended for strata subdivision; and
(b)in respect of which the approval for its building work plans is granted on or after 1 April 2005.
(2)  Despite subsection (1), this Division may apply to such other parcel, or other class of parcels, comprised in a strata title plan as the Minister may, by order in the Gazette, extend the application of this Division to.
(3)  The Minister may prescribe in the order under subsection (2) any other transitional, incidental and consequential matters arising from the extension of this Division to any parcel not mentioned in subsection (1).
(4)  Every order made under subsection (2) must be presented to Parliament as soon as possible after publication in the Gazette.
Limited common property and subsidiary management corporations allowed
77.—(1)  A strata title plan may have limited common property and one or more subsidiary management corporations only for the purpose of representing the different interests of —
(a)subsidiary proprietors of residential lots and subsidiary proprietors of non-residential lots;
(b)subsidiary proprietors of non-residential lots —
(i)if they use their lots for significantly different purposes; or
(ii)if the lots of some of these subsidiary proprietors are comprised in a building that is physically detached from other lots in the strata title plan, the creation of any limited common property to represent the interests of these subsidiary proprietors will not adversely affect the use or enjoyment of the lots of the other subsidiary proprietors and the conditions prescribed (if any) for this purpose are satisfied; or
(c)subsidiary proprietors of different types of residential lots.
(2)  For the purposes of subsection (1)(c), lots are of different types if they fall within the criteria prescribed in regulations.
Creation, etc., of limited common property
78.—(1)  Common property comprised or to be comprised in a strata title plan may be designated as limited common property —
(a)where the common property is part of a parcel mentioned in section 76(1) —
(i)by the owner developer thereof by a designation on the strata title plan for that parcel when that strata title plan is filed with the Chief Surveyor; or
(ii)by the management corporation constituted in respect of that strata title plan pursuant to a comprehensive resolution and in accordance with subsection (2)(b); or
(b)where the common property is part of a parcel referred to in an order made under section 76(2), by the management corporation constituted in respect of that strata title plan pursuant to a comprehensive resolution and in accordance with subsection (2)(b).
(2)  Subject to subsection (3), common property comprised or to be comprised in a strata title plan may be designated as limited common property —
(a)in the case of designation by the owner developer under subsection (1)(a), by a designation on the strata title plan filed with the Chief Surveyor for that parcel that —
(i)describes the limited common property or identifies or defines the boundaries or area of the limited common property on that strata title plan; and
(ii)specifies each lot comprised in that strata title plan whose subsidiary proprietors are entitled to the exclusive benefit of the limited common property; or
(b)by a comprehensive resolution passed by the management corporation constituted in respect of that strata title plan that —
(i)describes the limited common property or identifies or defines the boundaries or area of the limited common property on the strata title plan;
(ii)specifies each lot comprised in that strata title plan whose subsidiary proprietors are entitled to the exclusive benefit of the limited common property; and
(iii)is filed with the Chief Surveyor.
(3)  To avoid doubt, the designation of limited common property by an owner developer under subsection (1)(a)(i) or by a comprehensive resolution under subsection (2)(b) —
(a)need not require an amendment to any strata title plan; and
(b)need not identify or define the area of the limited common property provided that the designation or resolution (as the case may be) prescribes a method of identifying or defining the limited common property.
(4)  Any designation of common property as limited common property —
(a)by an owner developer of a parcel to be comprised in a strata title plan takes effect only when the management corporation is constituted for that strata title plan under the Land Titles (Strata) Act 1967; or
(b)by a comprehensive resolution under subsection (2)(b) takes effect only when the comprehensive resolution is filed with the Chief Surveyor and the instrument required by the Registrar under section 10A of the Land Titles (Strata) Act 1967 for the limited common property is registered under that Act.
[35/2017]
(5)  Any designation of common property as limited common property by an owner developer may only be removed or amended in accordance with subsection (6) or (7) or section 84.
(6)  The management corporation constituted for any common property subject to a strata title plan and any subsidiary management corporation constituted for limited common property subject to the same strata title plan may accept and execute such documents to alter any boundary between their common property and limited common property, respectively, if —
(a)the management corporation, pursuant to a comprehensive resolution under subsection (2)(b), determines to alter the boundary between its common property and the limited common property; and
(b)the subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)(b), also determines to similarly alter the boundary between its limited common property and the common property.
(7)  Subject to subsection (8), a subsidiary management corporation constituted for any limited common property subject to a strata title plan and any other subsidiary management corporation constituted for other limited common property subject to the same strata title plan may, without affecting the boundaries of their respective limited common properties with the common property within that strata title plan, accept and execute such documents to amalgamate their respective limited common properties or alter any boundary between their respective limited common properties within the strata title plan if —
(a)the firstmentioned subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)(b), determines —
(i)to alter the boundary between its limited common property and the other subsidiary management corporation’s limited common property; or
(ii)to amalgamate its limited common property with the other subsidiary management corporation’s limited common property and to merge both subsidiary management corporations to constitute a single subsidiary management corporation for that amalgamated limited common property, seized of, holding and possessing all rights and interests and subject to all liabilities and obligations of the amalgamating subsidiary management corporations; and
(b)that other subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)(b), also determines similarly —
(i)to alter the boundary between its limited common property and the other subsidiary management corporation’s limited common property; or
(ii)to amalgamate its limited common property with the other subsidiary management corporation’s limited common property and to merge both subsidiary management corporations to constitute a single subsidiary management corporation for that amalgamated limited common property, seized of, holding and possessing all rights and interests and subject to all liabilities and obligations of the amalgamating subsidiary management corporations.
(8)  Subsection (7) does not authorise any subsidiary management corporation to amalgamate its limited common property in a manner that is contrary to section 77.
(9)  To avoid doubt, the Chief Surveyor is not to be taken to warrant or certify the correctness of the boundaries of any limited common property or the validity of the creation of any limited common property by his or her accepting any comprehensive resolution or any accompanying plan showing the boundaries or containing a description of that limited common property.
Subsidiary management corporation and its functions
79.—(1)  The subsidiary management corporation constituted by virtue of the Land Titles (Strata) Act 1967 for any limited common property comprised in a strata title plan must —
(a)comprise the subsidiary proprietors from time to time of all lots comprised in that strata title plan for whose exclusive benefit the limited common property is designated on that strata title plan or by comprehensive resolution under section 78(2);
(b)be a body corporate capable of suing and being sued and having perpetual succession and a common seal; and
(c)be called “The Subsidiary Management Corporation No. ______ — Strata Title Plan No. ______” (the number to be specified being the number of the strata title plan).
(2)  After the creation of any limited common property, the management corporation retains its powers and duties in matters concerning common property.
(3)  The subsidiary management corporation has the same powers and duties as the management corporation with respect to any matter that relates solely to the limited common property designated for the exclusive benefit of all subsidiary proprietors comprising the subsidiary management corporation except the powers or duties under section 34(1)(a), (3) and (5), sections 35, 37, 46 and 86 and Division 6 of this Part, and unless expressly otherwise provided, the provisions of this Part apply, with the necessary modifications, to subsidiary management corporations as they apply to management corporations.
(4)  Without limiting subsection (3), the subsidiary management corporation must —
(a)establish its own management fund and sinking fund for the common expenses of its limited common property, including expenses related to its limited common property;
(b)require subsidiary proprietors of lots in the subsidiary management corporation to pay contributions and levies for expenditure the subsidiary management corporation authorises;
(c)enforce by-laws relating to its limited common property; and
(d)otherwise have the control, management and administration of its limited common property.
(5)  A subsidiary management corporation must not enter into any contract or sue in the name of the management corporation and the management corporation shall have no liability for contracts made or debts or legal costs incurred by the subsidiary management corporation.
(6)  A subsidiary management corporation may obtain insurance only —
(a)against risks that are not insured by the management corporation; or
(b)for amounts that are in excess of amounts insured by the management corporation.
(7)  For the purposes of subsection (6), a subsidiary management corporation has the same insurable interest in its limited common property as the management corporation has in property contained within common property.
(8)  Despite any other provision of this Act, a subsidiary management corporation for any limited common property comprised in a strata title plan may manage and maintain —
(a)any common property within that same strata title plan; or
(b)any other limited common property of another subsidiary management corporation within that strata title plan,
upon such terms and conditions as may be agreed between the subsidiary management corporation and the management corporation or other subsidiary management corporation, as the case may be.
Administration of subsidiary management corporation
80.—(1)  The eligible subsidiary proprietors who constitute a subsidiary management corporation may call and hold meetings and pass resolutions in the same manner as eligible subsidiary proprietors of a management corporation.
(2)  The First Schedule also has effect with respect to the general meetings of a subsidiary management corporation.
(3)  Subject to subsection (4), each subsidiary management corporation must elect an executive committee for the subsidiary management corporation, and the executive committee of a subsidiary management corporation has the same powers and duties with respect to the subsidiary management corporation as the council of a management corporation has with respect to the management corporation.
(4)  At least one member of the executive committee of a subsidiary management corporation must be a member of the council of the management corporation.
(4A)  However, subsection (4) does not apply where —
(a)the subsidiary management corporation is constituted for part of a parcel which is comprised in a mixed‑use development within the meaning of section 53A; and
(b)by the operation of section 53A, a reserved council office in the council of the management corporation for that mixed‑use development is held by either —
(i)a subsidiary proprietor of a lot constituting the subsidiary management corporation; or
(ii)a nominee of a subsidiary proprietor in sub‑paragraph (i).
[35/2017]
(5)  The provisions in Division 3 of this Part (except section 53A) apply, with the necessary modifications, to the executive committee of a subsidiary management corporation and its officers as they apply to the council of a management corporation and its officers.
[35/2017]
(6)  The Second Schedule also has effect with respect to the proceedings of an executive committee of a subsidiary management corporation.
Expenses of subsidiary management corporation
81.  The expenses of a subsidiary management corporation that relate solely to its limited common property must be shared by the subsidiary proprietors from time to time of all lots entitled under this Division to the exclusive use of the limited common property, and each lot’s share of contribution is computed by the formula where —
(a)A is the share value of a lot;
(b)B is the aggregate share value of all lots entitled under this Division to the exclusive use of the limited common property; and
(c)C is the total contributions determined by the subsidiary management corporation as payable by subsidiary proprietors of all lots entitled under this Division to the exclusive benefit of the limited common property.
By-laws for limited common property
82.—(1)  A management corporation’s by-laws apply to the limited common property managed and maintained by a subsidiary management corporation unless the by‑laws have been otherwise expressly amended —
(a)by the subsidiary management corporation pursuant to a special resolution passed at a general meeting of the subsidiary management corporation; and
(b)in respect of any matter that relates solely to that limited common property or subsidiary management corporation.
(2)  A subsidiary management corporation may make by‑laws relating to the limited common property designated for the exclusive use of all the lots in the subsidiary management corporation.
(3)  Without limiting the operation of any other provision of this Act, any by‑laws made by a subsidiary management corporation under this section for the time being in force bind the subsidiary management corporation and the subsidiary proprietors of lots constituting that subsidiary management corporation, and any mortgagee in possession (whether personally or by any other person), lessee or occupier of such a lot to the same extent as if the by‑laws —
(a)had been signed and sealed by the subsidiary management corporation, and each such subsidiary proprietor and each such mortgagee, lessee and occupier, respectively; and
(b)contained mutual covenants to observe, comply and perform all the provisions of these by‑laws.
(4)  Sections 32 and 33 apply, with the necessary modifications, to the by‑laws of a subsidiary management corporation as they apply to the by‑laws of a management corporation.
Judgments against management corporation relating to limited common property
83.—(1)  If a judgment against a management corporation relates solely to the lots whose subsidiary proprietors constitute a subsidiary management corporation, the judgment is against only the subsidiary proprietors of those lots.
(2)  A lot’s share of a judgment mentioned in subsection (1) must be computed in accordance with section 81 as if the amount of the judgment were a contribution to the management fund and sinking fund, and a subsidiary proprietor’s liability is limited to that proportionate share of the judgment.
Division 8 — Termination of strata scheme
Termination of management corporation, etc.
84.—(1)  A management corporation in respect of a strata title plan may, by a resolution by consensus, resolve that the strata scheme shown in the strata title plan be terminated.
(2)  A subsidiary management corporation for a limited common property comprised in a strata title plan may be dissolved and the designation of its limited common property abolished if —
(a)by comprehensive resolution, the management corporation constituted in respect of the same strata title plan resolves that —
(i)the subsidiary management corporation be dissolved;
(ii)the subsidiary management corporation’s limited common property ceases to be designated as limited common property but be part of the common property comprised in that strata title plan; and
(iii)the management corporation hold and possess all rights and interests, and be subject to all liabilities and obligations, of the subsidiary management corporation subsisting immediately before the dissolution; and
(b)by comprehensive resolution, the subsidiary management corporation concerned resolves that —
(i)it be dissolved;
(ii)its limited common property ceases to be designated as limited common property but be part of the common property comprised in that strata title plan; and
(iii)the management corporation hold and possess all its rights and interests, and be subject to all its liabilities and obligations, subsisting immediately before the dissolution.
(3)  Nothing in this section applies in derogation of Part 5 of the Land Titles (Strata) Act 1967.
Division 9 — Miscellaneous
Management corporation, etc., may represent subsidiary proprietors in proceedings
85.—(1)  Subject to subsections (1A) and (1B), if —
(a)all or some of the subsidiary proprietors of the lots in a parcel comprised in a strata title plan —
(i)are jointly entitled to take proceedings against any person for or with respect to the common property in that parcel; or
(ii)are liable to have proceedings taken against them jointly for or with respect to the common property in that parcel; or
(b)all or some of the subsidiary proprietors of the lots in a parcel comprised in a strata title plan that has limited common property, being subsidiary proprietors who are entitled to the exclusive benefit of the limited common property —
(i)are jointly entitled to take proceedings against any person for or with respect to the limited common property in that parcel; or
(ii)are liable to have proceedings taken against them jointly for or with respect to the limited common property in that parcel,
the proceedings may be taken by or against the management corporation in the case of proceedings mentioned in paragraph (a), or by or against the subsidiary management corporation in the case of proceedings mentioned in paragraph (b).
[35/2017]
(1A)  Unless authorised by an ordinary resolution, a management corporation —
(a)must not institute any proceedings mentioned in subsection (1)(a) against any person; and
(b)must not represent any subsidiary proprietor in any proceedings mentioned in subsection (1)(a).
[35/2017]
(1B)  Unless authorised by an ordinary resolution, a subsidiary management corporation —
(a)must not institute any proceedings mentioned in subsection (1)(b) against any person; and
(b)must not represent any subsidiary proprietor in any proceedings mentioned in subsection (1)(b).
[35/2017]
(2)  Any judgment or order given or made in favour of or against the management corporation or subsidiary management corporation in any such proceedings has effect as if it were a judgment or an order given or made in favour of or against the subsidiary proprietors.
(3)  Where a subsidiary proprietor is liable to make a contribution to another subsidiary proprietor in respect of a judgment debt arising under a judgment mentioned in subsection (2), the amount of that contribution must bear to the judgment debt —
(a)the same proportion as the share value of the lot of the firstmentioned subsidiary proprietor bears to the aggregate share value, in the case of a judgment or an order for or against a management corporation; or
(b)the same proportion as computed in accordance with section 81, in the case of a judgment or an order for or against a subsidiary management corporation.
Limited right to representation by management corporation in non‑lot acquisition
85A.—(1)  Despite anything in section 85, the management corporation for a strata title plan —
(a)may start any proceedings before the Appeals Board under the Land Acquisition Act 1966 for any non‑lot acquisition relating to the strata title plan and represent every subsidiary proprietor of every lot comprised in the strata title plan in those proceedings; and
(b)may lodge any appeal from the decision of the Appeals Board under the Land Acquisition Act 1966 for any non‑lot acquisition relating to the strata title plan and represent every subsidiary proprietor of every lot comprised in the strata title plan in that appeal,
if, and only if, the proceedings and appeal, respectively, are each authorised by an ordinary resolution of the subsidiary proprietors constituting the management corporation.
[26/2014; 40/2019]
(2)  Unless authorised by ordinary resolution, a management corporation for a strata title plan must not make a claim for compensation under the Land Acquisition Act 1966 for any non‑lot acquisition relating to its strata title plan.
[26/2014]
(3)  Unless otherwise agreed by special resolution under subsection (4), the amount of compensation awarded under the Land Acquisition Act 1966 for any non‑lot acquisition relating to a strata title plan must be paid into the management fund of the management corporation for that strata title plan.
[26/2014]
(4)  The subsidiary proprietors constituting the management corporation for a strata title plan may, by special resolution, agree that the compensation for any non‑lot acquisition relating to the strata title plan be distributed among themselves; in which event that compensation must be distributed among the subsidiary proprietors in shares proportionate to their respective share values of their lots as on the date possession is taken under section 16 of the Land Acquisition Act 1966 of the land acquired under the non‑lot acquisition.
[26/2014]
(5)  Unless authorised by a resolution by consensus, a management corporation for a strata title plan must not express any desire under section 49(1) of the Land Acquisition Act 1966 for the whole of the land comprised in its strata title plan to be acquired under that Act.
[26/2014]
Management corporation’s power to take proceedings as agent for subsidiary proprietor in case of certain structural defects
86.  Where —
(a)the condition of any lot in a parcel affects or is likely to affect the support or shelter provided by that lot for another lot in the same building or the common property; and
(b)the subsidiary proprietor of the lot in that condition has neglected or refused within a reasonable time to take any proceedings for the purpose of exercising any right or enforcing any remedy available to the subsidiary proprietor to have that condition rectified,
the management corporation may, as agent for the subsidiary proprietor of the lot in that condition but at its own expense, take any of the proceedings mentioned in paragraph (b).
[35/2017]
Costs in proceedings by subsidiary proprietors against management corporation, etc.
87.—(1)  In any proceedings brought —
(a)by one or more subsidiary proprietors against the management corporation or subsidiary management corporation; or
(b)by the management corporation or subsidiary management corporation against one or more subsidiary proprietors (including subsidiary proprietors joined in third party proceedings),
the court or a Board may order that any moneys (including costs) payable by the management corporation or subsidiary management corporation under an order of the court or a Board (as the case may be) in those proceedings must be paid, in respect of the lots specified in the order and in such proportions as may be specified, by the management corporation or subsidiary management corporation out of contributions levied for the purpose.
(2)  Where the court or a Board makes an order under subsection (1), the management corporation or subsidiary management corporation must, for the purpose of paying the moneys ordered to be paid by it, levy contributions in accordance with the terms of the order and must pay the moneys out of the contributions paid pursuant to that levy.
(3)  Section 40 (with the exception of subsection (2)) applies to and in respect of contributions levied under subsection (2) in the same way as it applies to contributions levied under that section.
Breaches of this Part
88.—(1)  If a management corporation or subsidiary management corporation commits a breach of any provision of this Part, or makes default in complying with any requirement of, or duty imposed on it by, any provision of this Part, a subsidiary proprietor or mortgagee in possession or occupier of a lot is entitled to apply to the court —
(a)for an order to restrain the breach of any such provision by; or
(b)to recover damages for any loss or injury to the subsidiary proprietor, mortgagee in possession, or occupier or property arising out of the breach of any such provision from,
the management corporation or subsidiary management corporation, as the case may be.
(2)  The court may make such order against any such person, the management corporation or the members of its council, or the subsidiary management corporation or its executive committee, or the managing agent, as the court thinks fit.
(3)  Where a requirement or duty is imposed on a management corporation or subsidiary 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 or subsidiary management corporation (as the case may be) may apply to the court for an order compelling the management corporation or subsidiary management corporation (as the case may be) to carry out the requirement or perform the duty and, on such an application being made, the court may make such order as it thinks proper.
Singapore Statutes Online
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Last updated 23 Apr 2024
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