Singapore legislation

Section 82

of Building Maintenance and Strata Management Act 2004

Section 82

By-laws for limited common property

(1)

A management corporation’s by-laws apply to the limited common property managed and maintained by a subsidiary management corporation unless the by‑laws have been otherwise expressly amended —

(a)

by the subsidiary management corporation pursuant to a special resolution passed at a general meeting of the subsidiary management corporation; and

(b)

in respect of any matter that relates solely to that limited common property or subsidiary management corporation.

(2)

A subsidiary management corporation may make by‑laws relating to the limited common property designated for the exclusive use of all the lots in the subsidiary management corporation.

(3)

Without limiting the operation of any other provision of this Act, any by‑laws made by a subsidiary management corporation under this section for the time being in force bind the subsidiary management corporation and the subsidiary proprietors of lots constituting that subsidiary management corporation, and any mortgagee in possession (whether personally or by any other person), lessee or occupier of such a lot to the same extent as if the by‑laws —

(a)

had been signed and sealed by the subsidiary management corporation, and each such subsidiary proprietor and each such mortgagee, lessee and occupier, respectively; and

(b)

contained mutual covenants to observe, comply and perform all the provisions of these by‑laws.

(4)

Sections 32 and 33 apply, with the necessary modifications, to the by‑laws of a subsidiary management corporation as they apply to the by‑laws of a management corporation.