Singapore legislation

Section 19

of Building Maintenance and Strata Management Act 2004

Section 19

Commissioner may appoint managing agent for development

Amended by35/201735/2017

(1)

If the Commissioner is satisfied that, after due inquiry by him or her or a person appointed by him or her, the management and maintenance of a development or part thereof is not carried out satisfactorily by the owner developer thereof, the Commissioner may, by order in the Gazette, appoint one or more persons as a managing agent to manage and maintain —

(a)

where the development has no limited common property — the development; or

(b)

where the development has limited common property — the common property or the limited common property of the development or both.

(2)

A managing agent appointed by the Commissioner under subsection (1) is entitled to such remuneration or fees as may be determined by the Commissioner and the remuneration or fees must be charged —

(a)

in the case of a managing agent appointed in respect of the development under subsection (1)(a) or the common property of the development under subsection (1)(b) — to the general maintenance fund mentioned in section 16(2); or

(b)

in the case of a managing agent appointed in respect of the limited common property under subsection (1)(b) — to the special maintenance fund mentioned in section 16(3).

(3)

The Commissioner must not exercise his or her powers under this section unless he or she has given not less than 14 days’ notice in writing to the owner developer concerned, specifying his or her intention to appoint a managing agent under subsection (1) and to consider the representations (if any) made by the owner developer not later than the 14th day after the date of service of the notice.

Amended by35/2017

(4)

Any owner developer who is aggrieved by an order made by the Commissioner under subsection (1) in respect of the owner developer’s development may, at any time not later than the 21st day after the date of publication of that order in the Gazette, appeal in writing to the Minister.

Amended by35/2017

(5)

Even though an appeal has been made under subsection (4) against an order made by the Commissioner under subsection (1), that order has effect unless otherwise ordered by the Minister.

(6)

The Minister may determine an appeal under this section by confirming, varying or cancelling the Commissioner’s order under subsection (1).

(7)

The decision of the Minister in any appeal under subsection (4) is final.

(8)

The Commissioner may at any time revoke any appointment made under subsection (1) for any development and appoint another person as managing agent for the development.