Singapore legislation
Section 41
Section 41
Additional or variation of contributions
(1)
Despite section 40(2), the contributions payable by the subsidiary proprietor of a proposed lot are, during the period when any building consisting of that proposed lot is being erected and is not yet completed, reduced by 75%.
(2)
For the purposes of subsection (1), a building consisting of a proposed lot is deemed to be completed when a temporary occupation permit is issued for any proposed lot in the building.
(3)
Despite section 40(2), a management corporation may, subject to the approval of the Commissioner under subsection (4), levy additional contributions on the subsidiary proprietor of any lot —
where a lot has been subdivided into 2 or more lots and the management corporation will incur additional expenditure in maintaining the facilities or common property, whether or not new facilities or new common property arise from the subdivision of the firstmentioned lot;
where any change of use in respect of a lot has been approved by the competent authority without any alteration to the common property; or
where improvements in or upon the lot have been effected for the benefit of the subsidiary proprietor thereof in accordance with section 37.
(4)
The Commissioner may approve the levy of any additional contribution under subsection (3) if and only if he or she is satisfied that the additional contribution is not inadequate, excessive and unreasonable.
(5)
The Commissioner must give any subsidiary proprietor concerned an opportunity of being heard before giving his or her approval for any additional contribution to be levied under subsection (3).
(6)
Despite section 40(2), where any common property is altered or any structure is erected on the common property giving rise to a change in use of the common property by or in respect of any lot, the management corporation may, pursuant to a comprehensive resolution, levy contributions to the management fund and sinking fund on any subsidiary proprietor of such lot using any one or more formulae different from that in section 40(2).
(7)
A copy of every comprehensive resolution mentioned in subsection (6) must be filed by the management corporation concerned with the Commissioner not later than the 7th day after its passing.
(8)
Despite section 40(2) but subject to subsections (1), (3) and (6), a management corporation may, pursuant to resolution by consensus, levy contributions to the management fund or sinking fund on all or any of its subsidiary proprietors based on any other method.
(9)
A management corporation may, by special resolution, determine (either generally or in a particular case) the amount or percentage less of a contribution levied that a subsidiary proprietor may pay in the following circumstances:
if the contribution is paid to the management corporation before the date it becomes payable;
for contributions payable by instalments — if the contribution is paid in full on or before the date specified in the notice for payment in full, or if the contributions are paid in another way stated in the resolution.