Singapore legislation
Section 42
Section 42
Levies by management corporation
(1)
A management corporation may levy the contributions determined by it in accordance with section 48(1)(m) and (n) and the contributions referred to in section 48(1)(r) by serving on the subsidiary proprietors notice in writing of the contributions payable by them in respect of their respective lots.
(2)
Contributions levied by a management corporation shall be levied in respect of each lot and shall, subject to subsections (3), (5) and (6), be payable by the subsidiary proprietors in shares proportional to the share value of their respective lots.
(3)
Where a lot is shown on the strata title plan as a provisional lot, the contributions payable by the subsidiary proprietor of that lot shall, during the period when any building in that lot is being erected or is not yet completed, be reduced by 75%.
(4)
For the purposes of subsection (3), a building in a provisional lot shall be deemed to be completed when a temporary occupation licence has been issued by the competent authority for any flat in the building.
(5)
Where a lot has been subdivided into 2 or more lots and the management corporation will incur additional expenditure in maintaining the new facilities or common property arising from the subdivision of the first-mentioned lot, the management corporation may levy such additional contributions as may be approved by the Commissioner on the subsidiary proprietor or his successors in title in order to recover the additional expenditure.
(6)
Where any change of use in respect of a lot has been approved by the competent authority, the management corporation may levy such additional contributions as may be approved by the Commissioner on the subsidiary proprietor of that lot.
(7)
The Commissioner shall give a subsidiary proprietor an opportunity of being heard before giving his approval for any additional contributions to be levied under subsection (5) or (6).
(8)
In respect of any contribution levied under subsection (1), (5) or (6) and the interest thereon, a subsidiary proprietor of a lot shall, subject to section 54(3), be liable jointly and severally with any person who was liable to pay that contribution and interest when the contribution became due and payable, to pay the contribution and interest to the management corporation.
(8A)
A person who has ceased to be a subsidiary proprietor of the lot shall only be liable to pay the contribution which was unpaid at the time he ceased to be a subsidiary proprietor and the interest accruing on the unpaid contribution until such time as it is paid.
(9)
Without affecting the liability of the subsidiary proprietor of a lot in respect of any contribution levied under this section, where a mortgagee is in possession (whether by himself or any other person) of a lot, he shall be liable jointly and severally with the subsidiary proprietor of the lot which he is in possession for any contribution levied on that subsidiary proprietor in accordance with this Act but shall not be so liable in respect of any such contribution unless notice in writing of the levy of the contribution has been served on him.
(10)
Any contribution levied under this section —
shall become due and payable to the management corporation without any deduction whatsoever in accordance with the decision of the management corporation to make the levy;
if not paid within 30 days when it becomes due and payable, shall bear interest at the rate determined by the management corporation and such interest shall accrue from the expiry of 30 days after the date when the contribution becomes due and payable unless the management corporation determines in general meeting (either generally or in a particular case) that any unpaid contribution shall bear no interest; and
may be recovered, as a debt, by the management corporation in any court of competent jurisdiction.
(10A)
Any interest paid under subsection (10) shall form part of the fund to which the contribution belongs.
(11)
Where any contribution and interest thereon levied under this section is not paid within 30 days when it becomes due and payable, the management corporation may serve a written demand on a subsidiary proprietor of the lot in respect of which the contribution is levied.
(12)
A subsidiary proprietor who fails to pay any contribution or interest due and owing to a management corporation within 14 days from the date of service of the written demand referred to in subsection (11) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and to a further fine not exceeding $100 for every day during which the contribution or interest remains unpaid after conviction.
(12A)
The court before which such conviction 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 due thereon or any interest certified by the management corporation to be due from such person at the date of his conviction and such amount may be recovered according to any written law for the time being in force for the recovery of fines.
(13)
Any contribution levied by a management corporation under this section shall be deemed to be money payable under a contract for the provision of services and a management corporation may lodge a claim for the payment of such contribution with a Small Claims Tribunal in accordance with the provisions of the Small Claims Tribunals Act (Cap. 308).
(14)
For the purposes of this section, “subsidiary proprietor” includes —
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
the person whose name is included in the Valuation List referred to in the Property Tax Act (Cap. 254) as the owner of the lot for the purposes of that Act.