Singapore legislation

Schedule 4

of Land Titles (Strata) Act

Schedule 4

Requirements under Section 84A, 84DOR 84E

FOURTH SCHEDULESections 84A(3), 84D(3) and 84E(4)Requirements under Section 84A, 84DOR 84E1. The subsidiary proprietors referred to in section 84A(1) or the proprietors referred to in section 84D(2) or 84E(3) shall, before making an application to a Board —

(a)

consider the collective sale at an extraordinary meeting held in accordance with the Act or, where the development is not registered under the Act, at a meeting held after sending a notice of the meeting by registered post to all the proprietors to their last recorded addresses at the Registry of Titles or the Registry of Deeds and placing a copy of the notice under the main door of every flat in the development; (b)advertise the particulars of the application in such local newspapers in the 4 official languages as approved by the Board; (c)serve a notice of the proposed application to be made under section 84A(1), 84D(2) or 84E(3) by sending a copy by registered post to all the subsidiary proprietors or proprietors, as the case may be, and by placing a copy under the main door of every lot or flat, together with a copy each of —

(i)

the advertisement referred to in sub-paragraph (b);

(ii)

the sale and purchase agreement;

(iii)

a statutory declaration made by the purchaser under the sale and purchase agreement on his relationship, if any, to the subsidiary proprietors of the lots or the proprietors of the flats;

(iv)

a valuation report which is not more than 3 months old;

(v)

a report by a valuer on the proposed method of distributing the sale proceeds; and

(vi)

the minutes of the extraordinary meeting or meeting referred to in sub-paragraph (a);

(d)

affix a copy of the notice referred to in sub-paragraph (c) to the main door of the lots or flats whose subsidiary proprietors or proprietors, as the case may be, have not agreed in writing to the sale; and

(e)

affix a copy of the notice referred to in sub-paragraph (c) in the 4 official languages to a conspicuous part of each building in the development.

2. The notice referred to in paragraph 1(c) to be served by registered post shall be served on an affected party —

(a)

where the party is a subsidiary proprietor of a lot in the strata title plan, at the address as shown on the strata roll;

(b)

where the party is a proprietor of a flat or land, at the last recorded address at the Registry of Titles or Registry of Deeds;

(c)

where the party is a mortgagee, chargee or other person with an estate and interest in the lot or flat whose interest is notified on the land-register, at the address on the strata roll or last recorded address at the Registry of Titles or Registry of Deeds; and

(d)

where the party is a management corporation, at its address recorded on the folio of the land-register comprising the common property.

3. The advertisement referred to in paragraph 1(b)shall include —

(a)

information on the development;

(b)

the names of the subsidiary proprietors or proprietors, addresses, unit numbers and strata lot numbers, if any, of their flats;

(c)

the names of mortgagees, chargees and other persons with an estate and interest in the lots, flats and land;

(d)

brief details of the sale proposal; and

(e)

the place at which the affected parties can inspect documents for the collective sale.

4. An application to a Board shall be made by the subsidiary proprietors referred to in section 84A(1) or the proprietors referred to in section 84D(2) or 84E(3) within 14 days of the publication of the advertisement referred to in paragraph 1(b), enclosing —

(a)

the documents specified in paragraph 1(c);

(b)

the statutory declaration made by the representatives appointed under section 84A(2) or their solicitors that paragraph 1(a), (b), (c), (d) and (e) have been complied with;

(c)

a list of the names of the subsidiary proprietors who have not agreed in writing to the sale, their mortgagees, chargees and other persons (other than lessees) with an estate or interest in the lots or flats whose interests are notified on the land-register; and

(d)

such other document as the Board may require.

5. The Board shall, within 5 days of the filing of an objection, serve a copy of it by registered post on the representatives appointed under section 84A(2) and their solicitors, if any.

6. The subsidiary proprietors referred to in section 84A(1) or the proprietors referred to in section 84D(2) or 84E(3) shall, after making an application to the Board, cause a copy of the application to be registered under the Act, the Land Titles Act (Cap. 157) or the Registration of Deeds Act (Cap. 269), as the case may be.

7. The subsidiary proprietors referred to in paragraph 6 shall, if an order for sale is granted by the Board under section 84A, 84Dor 84E, register the order of the Board in accordance with the Act, the Land Titles Act or the Registration of Deeds Act (Cap. 269), as the case may be, or if the order for sale is not granted by the Board, apply to cancel the application registered under paragraph 6.

8. For the purposes of this Schedule, “affected parties” means —

(a)

the subsidiary proprietors referred to in section 84A(1) or the proprietors referred to in section 84D(2) or 84E(3);

(b)

the subsidiary proprietors of the lots or the proprietors of the flats who have not agreed in writing to the sale, and any mortgagee, chargee and other person (other than a lessee) with an estate or interest in the lot or flat whose interest is notified on the land-register;

(c)

the proprietor of the land under section 84E, his mortgagee, chargee or other person with an estate or interest in the land whose interest is notified on the land register; and

(d)

the management corporation, where applicable. [21/99]