Singapore legislation
Section 27
Section 27
Application made by subsidiary proprietor to court
(1)
Notwithstanding sections 23, 25 and 26, a subsidiary proprietor may make an application to the court for an order to direct the management corporation or management corporations to —
transfer a part of the common property;
accept a transfer of any land or part thereof or any lot so that the land or part thereof or lot shall form part of the common property; or
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, 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 —
the transfer of the part of the common property should be made;
any land or part thereof or lot should form part of the common property; or
the common property of 2 or more management corporations should be amalgamated,may make an order directing the management corporation or management corporations to transfer such 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 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, as the case may be, and lodge the transfer with the Registrar.
(3)
Every instrument of such transfer or acceptance of a transfer lodged for registration shall be accompanied by a certified true copy of the order of court directing such transfer or acceptance of a transfer and where the approval of the competent authority is required for any subdivision and amalgamation of any land or common property, a true copy of the approval given by the competent authority shall be lodged with such instrument.
(4)
Upon the registration of the transfer by the Registrar —
in the case of a disposition of all or part of the common property, all subsidiary proprietors and other persons having registered interests in the common property shall be bound to accept the terms of the order of court and section 23(4) shall apply, with the necessary modifications, to such transfer;
in the case of an addition to the common property, section 25(3) and (4) shall apply, with the necessary modifications, to such transfer; and
in the case of the amalgamation of the common property of 2 or more management corporations, section 23(4) and section 26(2), (4) and (5) shall apply, with the necessary modifications, to such amalgamation.