Clause 10

The subsidiary proprietors may by a special resolution at a meeting convened by the management corporation direct the management corporation to transfer a part of the common property.(2) The management corporation, if it is satisfied that the resolution was duly passed, and that all persons (other than the subsidiary proprietors) having registered interests in the parcel have consented in writing to the release of those interests in respect of the registered land comprised in the proposed transfer, and that the relevant authority and the Registrar have consented in writing to the proposed transfer so far as it affects subdivision and amalgamation of the land comprised therein shall execute the appropriate instrument and such instrument shall be valid and effective without execution by any person having an interest in the common property, and the receipt of the management corporation for any moneys payable to the management corporation under the instrument is a sufficient discharge, and shall exonerate the purchaser from seeing to the application or being answerable for any loss or misapplication of the moneys expressed to have been so received.(3) Every instrument of such transfer lodged for registration shall be endorsed with or accompanied by a certificate in the approved form under the seal of the management corporation that the resolution was duly passed and that all necessary consents were given, and the certificate in favour of the purchaser and the Registrar shall be conclusive evidence of the facts stated therein.(4) Upon registration of the transfer by the Registrar the part of the common property transferred shall be free from such subsisting easements created or implied under the Act and the Registrar shall —

enter a memorial of the transfer on the folio of the land-register comprising the parcel;

amend the registered strata title plan in such manner as the Registrar may think fit so as to show thereon the part of the common property which has been transferred; and

issue to the transferee a certificate of title for the land transferred.Vesting of part of common property in Government for roads, streets, road reserves, drainage reserves or for any other public use as shown on plans approved by the relevant authority15B.—

Where any part of land comprised in the common property of a parcel has been demarcated in any plan approved by the relevant authority for roads, streets, road reserves, road widening and drainage reserves or for any other public use, the said part of the common property as demarcated for any of the above purposes shall become vested in the Government upon the lodgement of an instrument of vesting in the approved form by the public authority for registration with the Registrar.(2) The Registrar, if satisfied that the instrument of vesting relates to part of the common property as shown in the plan approved by the relevant authority for any of the purposes mentioned in subsection (1) of this section and that the instrument has been duly executed and certified by the public authority, shall, notwithstanding that any part of a building within one or more lots is erected on, over or under any part of such common property, register the instrument on the relevant folio of the land-register without production of the duplicate instrument, and upon registration thereof the estate or interest in the part of the common property comprised in the instrument of vesting shall vest in the Government for an estate in perpetuity freed and discharged from all encumbrances and from any subsisting easements.(3) On registration of the instrument of vesting the Registrar shall cancel the registration of any mortgage, charge, or lease thereby overreached and make the appropriate entries in the registered strata title plan comprising the common property.(4) The land thereby vested in the Government shall cease to be subject to the provisions of the Land Titles Act (Cap. 276) and the Registrar shall enter an appropriate notification to that effect on the relevant folio of the land-register, and create a new folio for the balance of the common property which remains vested in the subsidiary proprietors.Addition to common property15C.—

The subsidiary proprietors may by a special resolution at a meeting convened by the management corporation direct the management corporation to accept a transfer —

of any land or part thereof, free from any encumbrances except those created by statute and subsisting easements so that such land or part thereof shall form part of the common property in favour of the subsidiary proprietors; or

of any lot, including the undivided share in the common property appurtenant to that lot, free from any encumbrances except those created by statute and subsisting easements so that such lot shall form part of the common property in favour of the subsidiary proprietors of the other lots shown in the same registered strata title plan:Provided that the prior approval in writing of the relevant authority and the Registrar shall be obtained for the transfer of any lot for the above purpose.(2) The transfer lodged for registration shall contain a request to the Registrar that such land or part thereof, or the lot transferred, as the case may be, be included as part of the common property.(3) Upon registration of such transfer the Registrar shall —

enter a memorial of the transfer on the folio of the land-register and the registered strata title plan comprising the parcel;

amend the registered strata title plan in such manner as the Registrar may think fit so as to show thereon the transferred land or part thereof or the lot transferred as forming part of the common property, and in the case where the lot is transferred, to delete the share value of that lot shown on the registered strata title plan and decrease the total number of share value equal to the aggregate share entitlement by amending such aggregate number shown on the registered strata title plan; and

upon such amendment being made the Registrar shall notify the Commissioner of the aggregate share entitlement and the consequent share entitlement of each subsidiary proprietor.(4) The registered transfer shall have the following effect: —

the subsidiary proprietors shall hold the common property (including the transferred land or lot) as tenants in common proportional to their respective share units determined in accordance with their share value shown on the strata title plan amended pursuant to subsection (3) of this section, and for the same term and tenure and subject to the same covenants, conditions and encumbrances which the subsidiary proprietors held immediately prior to the registration of the transfer, and where any lot is then subject to a registered mortgage, charge, lease or sub-lease, or any other encumbrance, the undivided share in the transferred land or transferred lot forming the additional common property held by the subsidiary proprietor of the said lot shall in all respects be subject to the same mortgage, charge, lease or sub-lease or any other encumbrance without any further assurance; and

the transferred land or part thereof, or the transferred lot, as the case may be, shall form part of the common property and the provisions of this Act applicable to common property as varied by this section shall apply to such transferred land or lot.Amalgamation of whole of common property comprised in two or more parcels15D.—

Where there are two or more management corporations established upon the registration of separate strata title plans by the Registrar, the subsidiary proprietors being members of these management corporations (hereinafter in this section referred to as “the transferor management corporations”) may by their respective special resolutions at the meetings convened by the transferor management corporations direct that for the purpose of amalgamating the common property within the parcels which are of the same tenure and held by them as tenants in common in undivided shares the relevant transferor management corporations shall execute an instrument of transfer of these parcels so that such parcels shall become vested as one parcel in all the subsidiary proprietors as tenants in common in so far as these parcels affect the common property, and such common property shall be held in the shares proportionate to their respective share units and for the same term and tenure then held by the subsidiary proprietors in respect of their respective lots prior to the date of the registration of the transfer by the Registrar.(2) Such transfer shall show the undivided proportionate shares to be held by each subsidiary proprietor named therein and shall be executed by the relevant transferor management corporations.(3) The procedure laid down in subsections (2), (3) and (4) of section 15A of this Act shall apply, mutatis mutandis, to the transferor management corporations and the subsidiary proprietors of the parcels to be amalgamated under this section.(4) Upon the amalgamation of the common property pursuant to the registration of the transfer by the Registrar —

the transferor management corporations shall be amalgamated into a single management corporation (hereinafter in this section called “the transferee management corporation”) which shall be responsible for all matters relating to the management of the subdivided buildings and the common property relating thereto;

all the members of the transferor management corporations shall be the members of the transferee management corporation;

all the members of the management councils of the transferor management corporations shall, until a new management council is elected for the transferee management corporation, be deemed to be the members of the management council of the transferee management corporation;

all the properties of the transferor management corporations shall be deemed to be transferred to and vest in, and all the liabilities of the transferor managemment corporations shall be transferred to and become the liabilities of, the transferee management corporation; and

all legal proceedings pending by or against the transferor management corporations may be continued by or against the transferee management corporation.(5) In this section —

“liabilities” includes duties; and

“properties” includes rights and powers of every description.Limitation Act not to extend to common property15E. No action shall be brought by any person claiming title by adverse possession to the common property of a parcel or to any accessory lot or any part thereof created under this Act and the provisions of the Limitation Act (Cap. 10) relating to adverse possession shall not extend to such common property and accessory lot.”.