Singapore legislation

Clause 46

of Building Maintenance and Strata Management (Amendment) Bill

Clause 46

Amendment of section 85

Section 85 of the principal Act is amended by deleting subsection (1) and substituting the following subsections:“(1) Subject to subsections (1A) and (1B), if —

(a)

all or some of the subsidiary proprietors of the lots in a parcel comprised in a strata title plan —

(i)

are jointly entitled to take proceedings against any person for or with respect to the common property in that parcel; or

(ii)

are liable to have proceedings taken against them jointly for or with respect to the common property in that parcel; or

(b)

all or some of the subsidiary proprietors of the lots in a parcel comprised in a strata title plan that has limited common property, being subsidiary proprietors who are entitled to the exclusive benefit of the limited common property —

(i)

are jointly entitled to take proceedings against any person for or with respect to the limited common property in that parcel; or

(ii)

are liable to have proceedings taken against them jointly for or with respect to the limited common property in that parcel,the proceedings may be taken by or against the management corporation in the case of proceedings mentioned in paragraph (a), or by or against the subsidiary management corporation in the case of proceedings mentioned in paragraph (b).(1A) Unless authorised by an ordinary resolution, a management corporation —

(a)

must not institute any proceedings mentioned in subsection (1)(a) against any person; and

(b)

must not represent any subsidiary proprietor in any proceedings mentioned in subsection (1)(a).(1B) Unless authorised by an ordinary resolution, a subsidiary management corporation —

(a)

must not institute any proceedings mentioned in subsection (1)(b) against any person; and

(b)

must not represent any subsidiary proprietor in any proceedings mentioned in subsection (1)(b).”.

Read in full context — Building Maintenance and Strata Management (Amendment) Bill →