Singapore legislation
Section 28
Section 28
By-laws for regulation of housing estates
(1)
A Town Council may make by-laws for regulating the control, management, administration, use and enjoyment of the common property of the residential and commercial property in the housing estates of the Board within the Town and generally for the purposes of exercising its powers and carrying out its duties and functions under this Act or any other Act.
(2)
Without limiting subsection (1), a Town Council may make by‑laws for or in respect of all or any of the following matters:
prescribing the administrative fee to be paid by any person in respect of any services provided by the Town Council or any debt due to the Town Council;
prohibiting or regulating the parking of vehicles on common property other than parking places;
prescribing the penalty (such penalty, if unpaid, to constitute a debt due to the Town Council and be recoverable as such) to be paid by the Town Council’s licensees or by any owner or tenant of any flat leased from the Board for late payment of any conservancy and service charges or licence fee due to the Town Council;
requiring deposits to be placed with the Town Council by any owner or tenant of any flat leased from the Board to secure the payment of conservancy and service charges; and
prescribing the offences which may be compounded.
(3)
A Town Council, owner or tenant of a flat leased from the Board within the Town, is entitled to apply to the court —
for an order to enforce the performance of or restrain the breach of any by-law made by that Town Council for the purpose in subsection (1); or
to recover damages for any loss or injury to any person or property arising out of the breach of any by-law made by that Town Council for the purpose in subsection (1),by or from any person bound to comply therewith or the Town Council (as the case may be) and the court may make such order against any such person or the Town Council as the court thinks fit.
(4)
Every by-law or amendment of or addition to or revocation of or substitution for any by-law made by a Town Council comes into operation upon the date specified therein but ceases to have effect upon the expiration of a period of one month from the date of its publication in the Gazette if prior to the expiration of that period it has been disapproved by the Minister by order in the Gazette.
(5)
Any order made by the Minister under subsection (4) has effect upon the date specified in the order but does not affect the validity of anything previously done under the disapproved by‑law.
(6)
Every by-law or amendment of or addition to or revocation of or substitution for any by‑law of a Town Council must, within 15 days of its coming into operation, be displayed in such places within the Town as the Town Council may direct.
(7)
Any by-law made by a Town Council must not be inconsistent with any rule made under the Housing and Development Act 1959 which is applicable to the Town and any such by‑law which is so inconsistent is, to the extent of the inconsistency, void.
(8)
The by-laws of a Town Council in force on the date of publication must be published annually in book form and copies thereof must be made available for purchase at a reasonable price by members of the public.
(9)
Any person who commits a breach of any of the by-laws made by a Town Council or makes default in complying with any of the by‑laws made by a Town Council for the purpose in subsection (1) or makes default in complying with any of those by‑laws, and every person who is knowingly a party to the breach or default shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
(10)
In this section, “flat” includes any stall in any market or food centre of the Board.[24