Singapore legislation
Section 78
Section 78
Termination of strata subdivision scheme by court
(1)
An application to the court for an order for the termination of the strata subdivision of a subdivided building and the cancellation of the strata title plan registered under this Act may be made by —
any subsidiary proprietor of a lot in the subdivided building;
where such a lot is subject to a mortgage or a charge — the mortgagee or chargee; or
the management corporation.
(1A)
The court on being satisfied that it is just and equitable that the strata subdivision of a subdivided building be terminated may make an order to that effect after having considered —
the scheme and intent of this Act;
the probability of unfairness to one or more subsidiary proprietors if termination of subdivision is not ordered; and
the rights and interests of the subsidiary proprietors as a whole.
(2)
Notice of an application under subsection (1) shall be served, in accordance with the Rules of Court, on —
every person referred to in subsection (1), other than the applicant; (b)the Commissioner; (c)the Registrar; (d)any person having a reversionary estate or interest in a lot in the subdivided building; and
such other persons (including creditors of the management corporation) as the court may direct.
(3)
The applicant and any person referred to in subsection (2) (whether or not he has been served with a notice of the application) shall be entitled to appear and be heard on the hearing of the application.
(4)
An order made under subsection (1) shall take effect on such day as may be specified in the order.
(5)
An order made under subsection (1) shall include directions for or with respect to the following matters:
the sale or disposition of any property of the management corporation;
the discharge of the liabilities of the management corporation;
the persons liable to contribute moneys required for the discharge of the liabilities of the management corporation and the proportionate liability of each such person;
the distribution of the assets of the management corporation and the proportionate entitlement of each person under that distribution;
the administration, powers, duties and functions of the management corporation;
the voting power at meetings of the management corporation of persons referred to in paragraph (c) or (d);
any matter in respect of which it is, in the opinion of the court, just and equitable, in the circumstances of the case, to make provision in the order; and
the winding up of the management corporation (including the appointment, powers, duties and functions of any person to carry out the winding up).
(6)
Upon an order under this section taking effect —
the persons, who immediately before the order took effect, were subsidiary proprietors of the lots the subject of the strata title plan concerned shall cease to be subsidiary proprietors of those lots and shall be entitled to the parcel as tenants-in-common in the shares proportional to their respective share values and for the same term and tenure as their respective lots were held by them prior to the date the order took effect;
any subsisting encumbrance registered against any of the lots referred to in paragraph (a) shall be an encumbrance on the share of the subsidiary proprietor concerned in the registered land comprising the parcel, and a memorial or notification of the encumbrance entered in the volume and folio of the land comprising the registered land shall bear the same date as the date of registration of that encumbrance against the lot;
all statutory easements implied under this Act shall cease to affect the registered land comprising the parcel or any part thereof; and
the former subsidiary proprietors shall have the power to transfer their interests and estates in the parcel or any part thereof.
(7)
The provisions of an order made under this section shall have effect notwithstanding any provision of this Act, other than this section.
(8)
An order made under subsection (1) shall have effect according to its tenor.
(9)
Where the court is of the opinion that an order should not be made under subsection (1), it may, upon application made by any person entitled to appear and be heard on the hearing of the application made under subsection (1) or of its own motion, direct that the application be treated as an application for an order under section 77.
(9A)
Where the court makes a direction under subsection (9) —
the application the subject of the direction shall be deemed to be an application made under section 77 by a person entitled to make the application; and
the applicant under subsection (1), as well as any other person entitled to appear and be heard under section 77, is entitled to appear and be heard on the hearing of the application.
(10)
The court may, from time to time, vary any order made under subsection (1) on the application of any person who was entitled to appear and be heard on the hearing of the application for that order.
(11)
No application shall be made under this section where the only reason for the application by the subsidiary proprietors for the sale of all the lots and common property in a strata title plan is that they —
have not been able to satisfy the requirement under section 84A(1);
have been able to satisfy the requirement under section 84A(1) but have not made an application to a Board under section 84A(1); or
have been able to satisfy the requirement under section 84A(1) but their application for an order under section 84A has been refused by a Board.