Singapore legislation
Section 26
Section 26
Amalgamation of whole of common property comprised in 2 or more parcels
(1)
Where there are 2 or more management corporations established upon the registration of separate strata title plans by the Registrar, the subsidiary proprietors being members of these management corporations (referred to in this section as the transferor management corporations) may by their respective special resolutions at the meetings convened by the transferor management corporations direct that for the purpose of amalgamating the common property within the parcels which are of the same tenure and held by them as tenants-in-common in undivided shares, the relevant transferor management corporations shall execute an instrument of transfer of these parcels so that such parcels shall become vested as one parcel in all the subsidiary proprietors as tenants-in-common in so far as these parcels affect the common property.
(1A)
Upon registration of the instrument of transfer, such common property shall be amalgamated and held in the shares proportionate to their respective share units subject to the same covenants, conditions and encumbrances, and for the same term and tenure then held by the subsidiary proprietors in respect of their respective lots prior to the date of the registration of the transfer by the Registrar.
(2)
Such transfer shall show the undivided proportionate shares to be held by each subsidiary proprietor named therein and shall be executed by the relevant transferor management corporations.
(3)
The procedure laid down in section 23(2), (2A), (3) and (4) shall apply, with the necessary modifications, to the transferor management corporations and the subsidiary proprietors of the parcels to be amalgamated under this section.
(4)
Upon the amalgamation of the common property pursuant to the registration of the transfer by the Registrar —
the transferor management corporations shall be amalgamated into a single management corporation (referred to in this section as the transferee management corporation) which shall be responsible for all matters relating to the management of the subdivided buildings and the common property relating thereto;
all the members of the transferor management corporations shall be the members of the transferee management corporation;
all the members of the management councils of the transferor management corporations shall, until a new management council is elected for the transferee management corporation, be deemed to be the members of the management council of the transferee management corporation;
all the properties of the transferor management corporations shall be deemed to be transferred to and vested in, and all the liabilities of the transferor management corporations shall be transferred to and become the liabilities of, the transferee management corporation; and
all legal proceedings pending by or against the transferor management corporations may be continued by or against the transferee management corporation.
(5)
In this section —
Definition
“liabilities” includes duties;
Definition
“properties” includes rights and powers of every description.