Section 43

any contribution is levied under section 42; or

an amount is recoverable by the management corporation from the subsidiary proprietor of a lot under section 45,and such contribution or amount remains unpaid on the expiry of a period of 30 days after the management corporation has served a written demand for the contribution or amount, that contribution or amount including any interest thereon (if any) shall constitute a charge on the lot in favour of the management corporation upon lodgment of an instrument of charge by the management corporation with and the registration thereof by the Registrar.

the management corporation shall, subject to subsection (3), have the power of sale and all other powers relating or incidental thereto as if such management corporation is a registered mortgagee; and (b)the contribution or amount due (including interest thereon) shall be subject to all statutory charges of any public authority over the lot and to all encumbrances registered or notified prior to the date of lodgment of that instrument of charge except that in the case where a prior registered mortgagee or chargee has sold the lot in exercise of his power of sale, the registered charge of the estate or interest of the lot when transferred to a purchaser by the mortgagee or chargee shall not be over-reached by the exercise of the power of sale by the mortgagee or chargee of a prior registered mortgage or charge.

a special resolution has been passed by the management corporation to have the lot sold;

a notice of the intended sale has been published once in one or more daily newspapers approved by the Registrar;

during the period of 6 weeks after the date of such publication no payment has been received for the contribution or amount due including interest thereon and the cost of publication specified in paragraph (b) as well as any other necessary incidental charges; and

there is no legal action pending in court to restrain the management corporation from proceeding with the sale.

such transfer shall not be accepted for registration unless there has been lodged with the Registrar —

a certified true copy of the special resolution of the management corporation authorising the exercise of its power of sale with the seal of the management corporation affixed thereto in the presence of 2 members of the council of the management corporation;

a copy of every publication containing the notice referred to in subsection (3)(b); and

a statutory declaration made by the members of the council of the management corporation referred to in sub-paragraph (i) jointly stating that the contribution and interest due thereon including all necessary incidental charges owing to the management corporation as at the date of the contract for the sale of the lot have not been paid and that there is no legal action pending in court to restrain the management corporation from proceeding with the sale of the lot; and

neither the person who purchased the lot from the management corporation nor the Registrar shall be concerned to inquire into the regularity or validity of the sale or transfer.

upon payment of the amount of the contribution or amount due including interest thereon and any necessary incidental charges to the management corporation before it has exercised its power of sale conferred by this section, be entitled to an instrument of discharge executed and acknowledged by the management corporation as to the receipt of such payment; and (b)upon registration of the instrument of discharge or, in the event of the management corporation refusing to execute a discharge, an order of court declaring that the lot shall be discharged from the charge, the lot shall be freed from the charge constituted under this section.