Singapore legislation
Section 25
Section 25
Addition to common property
(1)
The subsidiary proprietors may by a special resolution at a meeting convened by the management corporation direct the management corporation to accept a transfer —
of any land or part thereof, free from any encumbrances (except those created by statute and subsisting easements) so that such land or part thereof shall form part of the common property in favour of the subsidiary proprietors; or
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) so that such lot shall form part of the common property in favour of the subsidiary proprietors of the other lots shown in the same registered strata title plan; except that the prior approval in writing of the relevant authority and the Registrar shall be obtained for the transfer of any lot for this purpose.
(2)
The transfer lodged for registration shall contain a request to the Registrar that such land or part thereof, or the lot transferred, as the case may be, be included as part of the common property.
(3)
Upon registration of such transfer the Registrar shall —
enter a memorial of the transfer on the folio of the land-register and the registered strata title plan comprising the parcel;
amend the registered strata title plan in such manner as the Registrar may think fit so as to show thereon the transferred land or part thereof or the lot transferred as forming part of the common property;
in the case where the lot is transferred, delete the share value of that lot shown on the registered strata title plan and decrease the total number of share value equal to the aggregate share entitlement by amending such aggregate number shown on the registered strata title plan; and
upon such amendment being made the Registrar shall notify the Commissioner of the aggregate share entitlement and the consequent share entitlement of each subsidiary proprietor.
(4)
Upon registration of the transfer by the Registrar —
the transferred land or the transferred lot, as the case may be, shall form part of the common property and the provisions of the Act applicable to common property as varied by this section shall apply to such transferred land or lot;
the subsidiary proprietors shall hold the common property (including the transferred land or lot) as tenants-in-common in accordance with their respective share units as determined under subsection (3); and
without any further assurance the subsidiary proprietors shall hold the common property in the following manner:
where the tenure of the transferred land is similar to that of the common property held by the subsidiary proprietors prior to the date of the registration of the transfer of such land, the subsidiary proprietors shall hold the common property (including the transferred land) for the same term and tenure as tenants-in-common in the manner as provided in paragraph (b);
where the tenure of the transferred land is not similar to that of the common property held by the subsidiary proprietors prior to the date of the registration of the transfer of such land, the subsidiary proprietors shall hold the entire term and tenure transferred to and accepted by the management corporation on behalf of the subsidiary proprietors as tenants-in-common in the manner as provided in paragraph (b);
where a lot is transferred, the term and tenure of that lot which comprises the additional common property shall be held for the same term and tenure as that of the lots held by the subsidiary proprietors prior to the date of the registration of the transfer; and (iv)if there is a subsisting registered mortgage, charge, lease or sub-lease or any other encumbrance on the lot of a subsidiary proprietor, the undivided share or shares in the transferred land or transferred lot forming the additional common property shall be held by the subsidiary proprietor of the said lot subject to the same mortgage, charge, lease or sub-lease or any other such subsisting encumbrance.