Singapore legislation

Section 29

of Building Maintenance and Strata Management Act 2004

Section 29

Duties and powers of management corporation in respect of property

Amended by35/2017

(1)

Except as otherwise provided in subsection (3), it is the duty of a management corporation —

(a)

to control, manage and administer the common property for the benefit of all the subsidiary proprietors constituting the management corporation;

(b)

to properly maintain and keep in a state of good and serviceable repair (including, where reasonably necessary, renew or replace the whole or part thereof) —

(i)

the common property;

(ii)

[Deleted by Act 35 of 2017](iii)[Deleted by Act 35 of 2017](iv)each door, window and other permanent cover over openings in walls where a side of the door, window or cover is part of the common property; and

(v)

any movable property vested in the management corporation;

(c)

to effect insurance according to this Act;

(d)

when so directed by a special resolution, to do all or any of the following for the purpose of improving or enhancing the common property:

(i)

install, remove, replace or add any facility on the common property;

(ii)

change the use of the common property;

(iii)

erect, remove, replace or add to a structure on the common property;

(e)

to comply with any notice or order made by any relevant authority or public authority requiring the abatement of any nuisance on the common property or ordering repairs or other work to be done in respect of the subdivided building or common property;

(f)

to pay the rent (if any) on the land on which the subdivided building is erected;

(g)

to cause proper records to be kept of notices given to the management corporation under this Act or any other written law, or of any orders made by a court, a Board or other tribunal and served on the management corporation; and

(h)

to convene annual general meetings in accordance with the First Schedule.

Amended by35/2017

(2)

Except as otherwise provided in subsection (3), a management corporation may —

(a)

enter into an agreement, upon such terms and conditions (including terms for the payment of consideration) as may be agreed upon by the parties thereto, with a subsidiary proprietor or occupier of a lot for the provision of amenities or services by it to the lot or to the subsidiary proprietor or occupier thereof; and

(b)

do all things reasonably necessary for the performance of its duties under this Part and for the enforcement of the by‑laws.

(3)

Despite subsections (1) and (2) but subject to subsection (4), where a strata title plan comprises common property and any limited common property, the management corporation constituted must, upon the creation of the limited common property —

(a)

perform the duties and exercise the powers referred to in subsections (1) and (2), respectively, only in respect of common property that is not limited common property; and

(b)

cease to perform those duties and exercise those powers in respect of the limited common property created.

(4)

Despite any other provision of this Act, a management corporation constituted for common property within a strata title plan may manage and maintain any limited common property within that strata title plan on such terms and conditions as may be agreed between the subsidiary management corporation for that limited common property and the management corporation.