Schedule 4

the Commissioner of Buildings; or

an officer appointed under section 3(1) of the repealed Act,continues to hold such office as if the person were appointed under section 3(1) and (3) of this Act, respectively.Notices and orders issued under repealed Act2.—

Any notice, order or other document prepared, issued or made by the Commissioner of Buildings under the repealed Act, so far as it is not inconsistent with the provisions of this Act, continues and is deemed to have been prepared, issued or made under the corresponding provisions of this Act.(2) Any maintenance charges approved by the Commissioner of Buildings under the repealed Act are, so far as it is not inconsistent with the provisions of this Act, deemed to have been approved under section 18 of this Act.3.[Omitted as spent]4.[Omitted as spent]Existing maintenance funds and managing agents5.—

Every maintenance fund which was established by a developer under the repealed Act before 1 April 2005 in respect of any development continues and is deemed to be a maintenance fund established by the owner developer of the development under section 16(2) of this Act.(2) Nothing in this Act requires any owner developer to dispose of any investments made before 1 April 2005 out of moneys in any maintenance fund continued by this paragraph.(3) Any person who, immediately before 1 April 2005, is a managing agent appointed by the Commissioner of Buildings under section 12 of the repealed Act continues as such managing agent as if the person were appointed under section 19 of this Act.6.[Omitted as spent]Part 2Provisions Due to Amendments to Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition)Definitions

[Omitted as spent](b)the continued operation or force of any order or decision of any Strata Titles Board made before 1 April 2005; and

any right of appeal accrued before 1 April 2005 in respect of any such order or decision of a Strata Titles Board.Continuation of existing management corporations10.—

A management corporation constituted in respect of a strata title plan under the former provisions continues and is, on and from 1 April 2005, deemed to be the management corporation constituted under this Act in respect of that strata title plan.(2) Subject to the provisions of this Part, any resolution, decision, consent or approval of or by any management corporation made or taken before 1 April 2005 under the former provisions is deemed to have been made or taken under the corresponding provisions of this Act.11.[Omitted as spent]12.[Omitted as spent]Management and sinking funds of continued management corporations13.—

Subject to sub-paragraph (4), where a determination made or a contribution levied under the former provisions by a management corporation continued by the operation of paragraph 10 was in force immediately before 1 April 2005, that determination or contribution (as the case may be) is deemed to have been made, taken or levied (as the case may be) by the management corporation under the corresponding provisions of this Act.(2) Any contribution levied under the former provisions by a management corporation continued by the operation of paragraph 10 and unpaid on 1 April 2005 may be recovered by the management corporation, and as and on and from 1 April 2005, bears interest as if it were a contribution levied under this Act.(3) Every management fund and sinking fund which, immediately before 1 April 2005, is kept under the former provisions by a management corporation continued by the operation of paragraph 10 continues and is deemed to be the management fund and sinking fund, respectively, required under section 38 of this Act to be established and maintained by that management corporation.(4) Despite anything in this paragraph, any resolution or any determination made under the former provisions by a management corporation continued by the operation of paragraph 10 is, if inconsistent with section 2(9), void to the extent of that inconsistency.By-laws of continued management corporations14.—

Subject to this paragraph, every by-law that was made in respect of any parcel comprised in a strata title plan under the former provisions by a management corporation continued by the operation of paragraph 10 and that was in force immediately before 1 April 2005 continues in force and is deemed to have been made under section 32 or 33 of this Act.(2) Subject to sub-paragraph (3), the by-laws in force for any parcel comprised in a strata title plan in respect of which a management corporation continued by the operation of paragraph 10 is constituted are the following by‑laws in force immediately before 1 April 2005:

the by-laws set out in the First Schedule to the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act; and

any additional by-laws or any amendments or repeals relating to those by‑laws, made by the management corporation and lodged with the Commissioner of Buildings in accordance with section 41 of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act.(3) The by-laws prescribed by regulations under this Act may apply to and be the by‑laws for every parcel comprised in a strata title plan in respect of which a management corporation continued by the operation of paragraph 10 is constituted if the management corporation, by special resolution, adopts the by‑laws prescribed by regulations under this Act in substitution for the by‑laws set out in the First Schedule of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act.(4) Where, immediately before 1 April 2005, a subsidiary proprietor of a lot was entitled, pursuant to section 41 of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act, to a right of exclusive use and enjoyment of, or special privileges in respect of, any common property, the subsidiary proprietor for the time being of the lot continues to be entitled to that right or those special privileges in accordance with the terms of the by‑law, and any such by‑law is terminable on reasonable notice unless the management corporation otherwise resolves by unanimous resolution.(5) Any by-law made under the former provisions by a management corporation continued by the operation of paragraph 10 is, if inconsistent with section 2(9), void to the extent of that inconsistency.Former initial period15.—

Where the former initial period of a management corporation continued by the operation of paragraph 10 is current immediately before 1 April 2005, section 49 of this Act does not apply to the management corporation, and the former initial period —

continues to run from the date or event from which it was running immediately before 1 April 2005; and

expires (subject to any former provisions for its extension) whenever it would have expired if this Act had not been enacted,and any rights, obligations, restrictions, powers or duties that, under those former provisions, are dependent on the beginning, duration or end of that former initial period continue as if this Act had not been enacted.(2) In sub-paragraph (1), “former initial period” means the initial period referred to in section 51 of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act.Existing proxies

Any schedule of strata units accepted or deemed accepted by the Commissioner of Buildings under section 7 of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act is deemed to have been accepted by the Commissioner under section 11 of this Act.(2) Any approval, notice, order, permission, acceptance or other document prepared, made, granted or approved by the Commissioner of Buildings under the provisions of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act, so far as it is not inconsistent with the provisions of this Act, continues and is deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act.References in other written laws