Singapore legislation
Clause 28
Clause 28
Power of court where subdivided building damaged
(1)
Where a subdivided building shown in a strata title plan is damaged but is not totally destroyed, the court, on the application of the management corporation, a subsidiary proprietor or the registered mortgagee of any lot, may by order settle a scheme for the reinstatement or continued use of the subdivided building in whole or in part; and any such scheme may include provision for the transfer of the interests of the subsidiary proprietors of lots which have been wholly or partially destroyed to the other subsidiary proprietors in proportion to their share units.
(2)
In the exercise of its powers under subsection (1) of this section the court may make such orders as it deems necessary or expedient for giving effect to the scheme, including orders —
directing the application of insurance moneys received by the management corporation in respect of damage to the subdivided building;
directing payment of money by the management corporation or by the subsidiary proprietors or some or one or more of them;
directing such amendment or replacement of the registered strata title plan and such consequential amendment or replacement of the subsidiary strata land-register as the court thinks fit;
imposing such terms and conditions as the court thinks fit.
(3)
Where an application is made under subsection (1) of this section, any insurer who has effected insurance on the subdivided building or any part thereof (being insurance against damage to the subdivided building or lots) to which the application relates shall have the right to appear on the hearing of the application.