Singapore legislation
Section 85
Section 85
Management corporation, etc., may represent subsidiary proprietors in proceedings
(1)
Subject to subsections (1A) and (1B), if —
all or some of the subsidiary proprietors of the lots in a parcel comprised in a strata title plan —
are jointly entitled to take proceedings against any person for or with respect to the common property in that parcel; or
are liable to have proceedings taken against them jointly for or with respect to the common property in that parcel; or
all or some of the subsidiary proprietors of the lots in a parcel comprised in a strata title plan that has limited common property, being subsidiary proprietors who are entitled to the exclusive benefit of the limited common property —
are jointly entitled to take proceedings against any person for or with respect to the limited common property in that parcel; or
are liable to have proceedings taken against them jointly for or with respect to the limited common property in that parcel,the proceedings may be taken by or against the management corporation in the case of proceedings mentioned in paragraph (a), or by or against the subsidiary management corporation in the case of proceedings mentioned in paragraph (b).
(1A)
Unless authorised by an ordinary resolution, a management corporation —
must not institute any proceedings mentioned in subsection (1)(a) against any person; and
must not represent any subsidiary proprietor in any proceedings mentioned in subsection (1)(a).
(1B)
Unless authorised by an ordinary resolution, a subsidiary management corporation —
must not institute any proceedings mentioned in subsection (1)(b) against any person; and
must not represent any subsidiary proprietor in any proceedings mentioned in subsection (1)(b).
(2)
Any judgment or order given or made in favour of or against the management corporation or subsidiary management corporation in any such proceedings has effect as if it were a judgment or an order given or made in favour of or against the subsidiary proprietors.
(3)
Where a subsidiary proprietor is liable to make a contribution to another subsidiary proprietor in respect of a judgment debt arising under a judgment mentioned in subsection (2), the amount of that contribution must bear to the judgment debt —
the same proportion as the share value of the lot of the firstmentioned subsidiary proprietor bears to the aggregate share value, in the case of a judgment or an order for or against a management corporation; or
the same proportion as computed in accordance with section 81, in the case of a judgment or an order for or against a subsidiary management corporation.