Singapore legislation
Clause 14
Clause 14
Amendment of section 19
Section 19 of the principal Act is hereby amended —
by deleting the word “unanimous” appearing in paragraph (d) of subsection (1) thereof and substituting therefor the word “special”;
by inserting immediately after the word “property” appearing at the end of paragraph (g) of subsection (1) thereof the words “or any building or other improvement on the parcel”;
by inserting immediately after the word “the” appearing in the third line of paragraph (a) of subsection (3) thereof the word “subdivided”;
by inserting immediately after subsection (4) thereof the following new subsections: —“(5) Where the management corporation performs any repairs, work or act that it is required or authorised by or under this Part or by or under any other written law to perform (whether or not the repairs, work or act were or was performed consequent upon the service on it by any Government or statutory authority of any notice or order), but the repairs, work or act were or was wholly or substantially the liability or the responsibility of the subsidiary proprietor of a lot only or wholly or substantially for the benefit of some of the lots only or wholly or substantially the liability or the responsibility of the subsidiary proprietors of some of the lots only, any money expended by the management corporation in performing the repairs, work or act shall —
in the case where the repairs, work or act were or was wholly or substantially the liability or the responsibility of the subsidiary proprietor of a lot only, be recoverable by the management corporation in an action in any court of competent jurisdiction as a debt due to it jointly and severally from —
the relevant subsidiary proprietor of the lot at the time when the repairs, work or act were or was performed; and
the relevant subsidiary proprietor of the lot at the time when the action was commenced; or
in the case where the repairs, work or act were or was wholly or substantially for the benefit of some of the lots only or wholly or substantially the liability or the responsibility of the subsidiary proprietors of some of the lots only, be recoverable by the management corporation in an action in any court of competent jurisdiction as a debt due to it jointly and severally from —
the relevant subsidiary proprietor of each of such lots at the time when the repairs, work or act were or was performed; and
the relevant subsidiary proprietor of that lot at the time when the action was commenced,the amount payable by any subsidiary proprietor and former subsidiary proprietor in respect of any lot being not more than the proportion of the debt which the share unit of the lot then bears to the aggregate share units of all those lots.(6) A subsidiary proprietor of a lot who is not the subsidiary proprietor of the lot at the time when the repairs, work or act referred to in subsection (5) of this section were or was performed shall not be liable to pay to the management corporation any amount due under that subsection if he has, at any time on or within twenty-one days before the date he acquired the title or interest in the lot, made a requisition in writing to the management corporation to inquire about the amount (if any) recoverable by the management corporation under that subsection in respect of the lot and the management corporation has —
certified that no amount is recoverable by the management corporation in respect of the lot; or
not given a reply to the requisition at any time within fourteen days of the date of the service of the requisition.(7) Where the management corporation incurs any expenditure or performs any repairs, work or act that it is required or authorised by or under this Part or by or under any other written law to perform (whether or not the expenditure was incurred or the repairs, work or act were or was performed consequent upon the service on it by any Government or statutory authority of any notice or order) and the expenditure or the repairs, work or act were or was rendered necessary by reason of any wilful or negligent act or omission on the part of, or breach of any provision of its by-laws by, any person or his tenant, lessee, licensee or invitee, the amount of that expenditure of any money expended by it in performing the repairs, work or act shall be recoverable by it from that person as a debt in an action in any court of competent jurisdiction.”; and
by renumbering the existing subsection (5) thereof as subsection (8).