Singapore legislation

Section 85A

of Building Maintenance and Strata Management Act 2004

Section 85A

Limited right to representation by management corporation in non‑lot acquisition

Amended by26/201440/201926/201426/201426/201426/2014

(1)

Despite anything in section 85, the management corporation for a strata title plan —

(a)

may start any proceedings before the Appeals Board under the Land Acquisition Act 1966 for any non‑lot acquisition relating to the strata title plan and represent every subsidiary proprietor of every lot comprised in the strata title plan in those proceedings; and

(b)

may lodge any appeal from the decision of the Appeals Board under the Land Acquisition Act 1966 for any non‑lot acquisition relating to the strata title plan and represent every subsidiary proprietor of every lot comprised in the strata title plan in that appeal,if, and only if, the proceedings and appeal, respectively, are each authorised by an ordinary resolution of the subsidiary proprietors constituting the management corporation.

Amended by26/201440/2019

(2)

Unless authorised by ordinary resolution, a management corporation for a strata title plan must not make a claim for compensation under the Land Acquisition Act 1966 for any non‑lot acquisition relating to its strata title plan.

Amended by26/2014

(3)

Unless otherwise agreed by special resolution under subsection (4), the amount of compensation awarded under the Land Acquisition Act 1966 for any non‑lot acquisition relating to a strata title plan must be paid into the management fund of the management corporation for that strata title plan.

Amended by26/2014

(4)

The subsidiary proprietors constituting the management corporation for a strata title plan may, by special resolution, agree that the compensation for any non‑lot acquisition relating to the strata title plan be distributed among themselves; in which event that compensation must be distributed among the subsidiary proprietors in shares proportionate to their respective share values of their lots as on the date possession is taken under section 16 of the Land Acquisition Act 1966 of the land acquired under the non‑lot acquisition.

Amended by26/2014

(5)

Unless authorised by a resolution by consensus, a management corporation for a strata title plan must not express any desire under section 49(1) of the Land Acquisition Act 1966 for the whole of the land comprised in its strata title plan to be acquired under that Act.

Amended by26/2014