Singapore legislation
Clause 19
Clause 19
Duties and powers of the management corporation
(1)
The duties of the management corporation shall include the following:—
to manage and properly maintain the common property and keep the same in a state of good and serviceable repair;
unless otherwise directed by unanimous resolution, to insure and keep insured the subdivided building to the replacement value thereof against fire and such other risks as may be prescribed under this Act;
to effect such other insurance of the subdivided building as may be required by law;
to insure against such other risks as the subsidiary proprietors may by unanimous resolution direct;
subject to any order made by the court under section 28 of this Act, forthwith to apply insurance moneys received by it in respect of damage to the subdivided building in re‑building and reinstating the same so far as it may be lawful to do so;
to pay premiums on any policy of insurance effected by it;
to comply with any notice or order made by any competent public or statutory authority requiring the abatement of any nuisance on the common property or ordering repairs or other work to be done in respect of the common property;
to comply with any such notice or order as is referred to in paragraph (g) of this subsection given or made in respect of any of the lots, if the subsidiary proprietor fails to do so within a reasonable time; and
to pay the rent (if any) on the land on which the subdivided building is erected.
(2)
The powers of the management corporation shall include the following:—
to recover from any subsidiary proprietor any sum expended by the management corporation in respect of that subsidiary proprietor’s lot in complying with any such notice or order as is referred to in paragraph (h) of subsection (1) of this section;
to purchase, hire or otherwise acquire movable property for use by the subsidiary proprietors in connection with their enjoyment of the common property;
to borrow moneys required by it in the exercise of its powers or the performance of its duties;
to secure the repayment of moneys borrowed by it and the payment of interest thereon by negotiable instrument or by a charge of unpaid contributions to the management fund, whether already levied or not; and
to do all things reasonably necessary for the performance of its duties under this Part of this Act and for the enforcement of the by-laws set out in the Second Schedule to this Act.
(3)
The management corporation shall be deemed —
for the purpose of effecting any insurance under paragraph (b) or (c) of subsection (1) of this section, to have an insurable interest in the building equal to its replacement value; and
for the purpose of effecting any insurance under paragraph (d) of subsection (1) of this section, to have an insurable interest in the subject matter of the insurance.
(4)
A policy of insurance taken out by the management corporation under this section in respect of the subdivided building shall not be liable to be brought into contribution with any other policy of insurance, except another policy taken out under this section in respect of the same subdivided building.
(5)
The generality of this section shall not be prejudiced by any other provision of this Part of this Act conferring a power or imposing a duty on the management corporation.