Singapore legislation

Section 51

Statutory restrictions on powers of management corporation

Amended by16/8716/87

(1)

Notwithstanding any other provision of this Act, a management corporation shall not, during the initial period —

(a)

amend, add to or revoke the by-laws in such a manner that a right is conferred or an obligation is imposed on one or more, but not all, subsidiary proprietors or in respect of one or more, but not all, lots;

(b)

alter any common property forming part of the subdivided building or erect any structure on the common property;

(c)

grant an easement or a restrictive covenant burdening the parcel;

(d)

execute a transfer of any part of the common property under section 23 or confer on any person the exclusive right to use and enjoy the common property;

(e)

make any contract which confers upon any person the right to use, occupy, control or manage any part of the common property for a period extending beyond the expiration of the initial period;

(f)

borrow moneys or give securities; or

(g)

appoint a managing agent to hold office as such for a period extending beyond the expiration of the initial period,unless the doing of that thing is authorised by an order made under section 52.

Amended by16/87

(2)

Any contract for the supply of services relating to the maintenance of a subdivided building made by a management corporation during the initial period shall be deemed to have contained a provision therein that the contract may be terminated forthwith by notice in writing given by the management corporation to the other party thereto without payment of any damage, fee or other compensation.

(3)

Without affecting any other remedy available against the proprietor, if a management corporation contravenes subsection (1) —

(a)

the proprietor shall be liable for any loss suffered by the management corporation or any subsidiary proprietor as a result of the contravention; and

(b)

the management corporation or any subsidiary proprietor may recover from the proprietor, as damages for breach of statutory duty, any loss suffered by it or him,unless —

(i)

the contravention occurred without the knowledge of the proprietor;

(ii)

the proprietor was not in a position to influence the conduct of the management corporation in relation to the contravention; and

(iii)

the proprietor, being in such a position, used all due diligence to prevent the contravention.

Amended by16/87

Read in full context — Land Titles (Strata) Act →