Singapore legislation
Clause 32
Clause 32
By-laws for common property
(1)
Every parcel comprised in a strata title plan shall be regulated by by-laws.
(2)
Subject to the Fourth Schedule, the by-laws prescribed by regulations shall be the by-laws for every parcel comprised in a strata title plan in respect of which a management corporation is constituted on or after the date of commencement of this section, and no by-law made under this section or section 33 shall be inconsistent with any such prescribed by-law.
(3)
Save where otherwise provided in section 33, a management corporation may, pursuant to a special resolution, make by-laws, or amend, add to or repeal any by-laws made under this subsection, for the purpose of controlling and managing the use or enjoyment of the parcel comprised in the strata title plan, including all or any of the following purposes:
safety and security measures;
details of any common property of which the use is restricted;
the keeping of pets;
parking;
floor coverings;
garbage disposal;
behaviour;
architectural and landscaping guidelines to be observed by all subsidiary proprietors;
such other matters as are appropriate to the type of strata scheme concerned.
(4)
Any by-laws made, and any amendment of, or addition to or repeal of the by-laws made under this section or section 33, shall have no force or effect until a copy of the by-laws or the amendment of, or addition to or repeal, as the case may be, has been lodged with the Commissioner.
(5)
A copy of every by-law made by the management corporation under this section or section 33, and every addition, amendment or repeal of any such by-law for the time being in force, certified as a true copy under the seal of the management corporation, shall be lodged by the management corporation with the Commissioner within 30 days of the passing of the resolution by the management corporation approving the making of such by-law or any amendment, addition to or repeal of any existing by-law.
(6)
Without limiting the operation of any other provision of this Act, the prescribed by-laws and any by-laws made under this section or section 33 for the time being in force bind the management corporation and the subsidiary proprietors and any mortgagee in possession (whether by himself or any other person), lessee or occupier of a lot to the same extent as if the by-laws —
had been signed and sealed by the management corporation, and each subsidiary proprietor and each such mortgagee, lessee and occupier, respectively; and
contained mutual covenants to observe, comply and perform all the provisions of the by-laws.
(7)
A lease of a lot shall be deemed to contain an agreement by the lessee that the lessee will comply with the prescribed by-laws and any by-laws made under this section or section 33 for the time being in force.
(8)
The management corporation shall —
keep a record of the prescribed by-laws and any by-laws made by the management corporation under this section or section 33 which are in force from time to time;
display a copy of the prescribed by-laws and any other by-laws made by the management corporation under this section or section 33 on a notice board maintained by the management corporation on the common property;
on receipt of an application in writing made by a subsidiary proprietor, or by a person duly authorised to apply on behalf of a subsidiary proprietor for a copy of the by-laws which are in force, supply to such subsidiary proprietor or duly authorised person at a reasonable cost a copy of the by-laws; and
on the application of any person who satisfies the management corporation that he has a proper interest in so applying, make the by-laws available for his inspection.
(9)
No by-law made under this section or section 33 shall be capable of operating —
to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing of a lot; or
to destroy or modify any easement expressly or impliedly created by or under this Act or the Land Titles (Strata) Act (Cap. 158).
(10)
The management corporation or subsidiary proprietor, mortgagee in possession, lessee or occupier of a lot shall be entitled to apply to the court —
for an order to enforce the performance of or restrain the breach of any by-law; or
to recover damages for any loss or injury to person or property arising out of the breach of any by-law from,any person bound to comply therewith, the management corporation or the managing agent.
(11)
The court may make such order against any such person, the management corporation or the members of its council, or the managing agent, as the court thinks fit.
(12)
In this section, “lease” includes a tenancy agreement.