Building (Strata Management) Act 2004 · 2020 Revised Edition · Schedules
Schedule 4 · Saving and Transitional provisions
Feedback & supportFOURTH SCHEDULESections 32(2), 137(1), 138(2) and 139Saving and Transitional provisionsPart 1Provisions Due to Repeal of Buildings and Common Property (Maintenance and Management) ActIncumbent Commissioner of Buildings and other officers
common property
“common property”, subject to subsection (9), means —(a)in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —(i)not comprised in any lot or proposed lot in that strata title plan; and(ii)used or capable of being used or enjoyed by occupiers of 2 or more lots or proposed lots; (b)in relation to any other land and building, such part of the land and building —(i)not comprised in any non-strata lot; and(ii)used or capable of being used or enjoyed by occupiers of 2 or more non‑strata lots within that land or building; or (c)in relation to any land and building mentioned in paragraph (a) or (b), any of the following whether or not comprised in a lot, proposed lot or non‑strata lot:(i)the pipes, wires, cables or ducts which are used, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots (as the case may be) within that land or building, or are used or capable of being used for the servicing or enjoyment of the common property;(ii)the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts mentioned in sub‑paragraph (i);(iii)any structural element of the building;(iv)the waterproof membrane attached to an external wall or a roof;Examples(a)A foundation, load‑bearing wall, column or beam, a shear core, strut, ground anchor, slab (not including any layer that is the underlayment or the flooring finishing), truss and common staircase.(b)An external wall, or a roof or façade of a building which is used or enjoyed, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots.(c)A garden, sporting or recreational facility, car park or parking area for other vehicles, none of which are comprised in a lot, proposed lot or non‑strata lot.(d)A central air conditioning system and its appurtenances, and a fire sprinkler protection system and its appurtenances.(e)Any chute, pipe, wire, cable, duct or facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating or cooling systems, or any other similar services.
1. The person who, immediately before 1 April 2005, is —
the Commissioner of Buildings; or
Commissioner
“Commissioner” means the Commissioner of Buildings appointed under section 3(1), and includes any other officer appointed under section 3(3) to exercise the powers or perform the duties imposed on the Commissioner;
an officer appointed under section 3(1) of the repealed Act,continues to hold such office as if the person were appointed under section 3(1) and (3) of this Act, respectively.Notices and orders issued under repealed Act2.—
repealed Act
“repealed Act” means the Buildings and Common Property (Maintenance and Management) Act repealed by this Act;
Any notice, order or other document prepared, issued or made by the Commissioner of Buildings under the repealed Act, so far as it is not inconsistent with the provisions of this Act, continues and is deemed to have been prepared, issued or made under the corresponding provisions of this Act.
Any maintenance charges approved by the Commissioner of Buildings under the repealed Act are, so far as it is not inconsistent with the provisions of this Act, deemed to have been approved under section 18 of this Act.3.[Omitted as spent]4.[Omitted as spent]Existing maintenance funds and managing agents5.—
Every maintenance fund which was established by a developer under the repealed Act before 1 April 2005 in respect of any development continues and is deemed to be a maintenance fund established by the owner developer of the development under section 16(2) of this Act.
maintenance fund
“maintenance fund”, in relation to a development, means any maintenance fund established under section 16(2) or (3) by the owner developer of the development for the common property or limited common property (as the case may be) of that development;
Nothing in this Act requires any owner developer to dispose of any investments made before 1 April 2005 out of moneys in any maintenance fund continued by this paragraph.
owner developer
“owner developer” means any person who, immediately before the constitution of a management corporation for any parcel comprised in a strata title plan, is registered as the proprietor of the parcel shown in the strata title plan, and includes any administrator, executor, mortgagee in possession, liquidator, successor in title or assign of such person;
Any person who, immediately before 1 April 2005, is a managing agent appointed by the Commissioner of Buildings under section 12 of the repealed Act continues as such managing agent as if the person were appointed under section 19 of this Act.6.[Omitted as spent]Part 2Provisions Due to Amendments to Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition)Definitions
managing agent
“managing agent” means a managing agent appointed under this Act;
7. In this Part, unless the context otherwise requires, “former provisions” means Part IV of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act.8.[Omitted as spent]Pending proceedings at Strata Titles Boards
9. This Act does not affect —
[Omitted as spent]
the continued operation or force of any order or decision of any Strata Titles Board made before 1 April 2005; and
any right of appeal accrued before 1 April 2005 in respect of any such order or decision of a Strata Titles Board.Continuation of existing management corporations10.—
A management corporation constituted in respect of a strata title plan under the former provisions continues and is, on and from 1 April 2005, deemed to be the management corporation constituted under this Act in respect of that strata title plan.
management corporation
“management corporation”, in relation to any parcel comprised in a strata title plan, means the management corporation constituted in respect of that strata title plan under the Land Titles (Strata) Act 1967;
Subject to the provisions of this Part, any resolution, decision, consent or approval of or by any management corporation made or taken before 1 April 2005 under the former provisions is deemed to have been made or taken under the corresponding provisions of this Act.11.[Omitted as spent]12.[Omitted as spent]Management and sinking funds of continued management corporations13.—
Subject to sub-paragraph (4), where a determination made or a contribution levied under the former provisions by a management corporation continued by the operation of paragraph 10 was in force immediately before 1 April 2005, that determination or contribution (as the case may be) is deemed to have been made, taken or levied (as the case may be) by the management corporation under the corresponding provisions of this Act.
Any contribution levied under the former provisions by a management corporation continued by the operation of paragraph 10 and unpaid on 1 April 2005 may be recovered by the management corporation, and as and on and from 1 April 2005, bears interest as if it were a contribution levied under this Act.
Every management fund and sinking fund which, immediately before 1 April 2005, is kept under the former provisions by a management corporation continued by the operation of paragraph 10 continues and is deemed to be the management fund and sinking fund, respectively, required under section 38 of this Act to be established and maintained by that management corporation.
Despite anything in this paragraph, any resolution or any determination made under the former provisions by a management corporation continued by the operation of paragraph 10 is, if inconsistent with section 2(9), void to the extent of that inconsistency.By-laws of continued management corporations14.—
Subject to this paragraph, every by-law that was made in respect of any parcel comprised in a strata title plan under the former provisions by a management corporation continued by the operation of paragraph 10 and that was in force immediately before 1 April 2005 continues in force and is deemed to have been made under section 32 or 33 of this Act.
by-law
“by-law”, in relation to any parcel comprised in a strata title plan, means —(a)any by-law prescribed by regulations under section 136;(b)any by-law made by a management corporation under section 32 or 33 and in force in respect of that parcel; or(c)any by-law made by a subsidiary management corporation under section 82 and in force in respect of any limited common property within that strata title plan;
Subject to sub-paragraph (3), the by-laws in force for any parcel comprised in a strata title plan in respect of which a management corporation continued by the operation of paragraph 10 is constituted are the following by‑laws in force immediately before 1 April 2005:
parcel
“parcel” means the whole of any land, building and common property comprised or to be comprised in a strata title plan;
the by-laws set out in the First Schedule to the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act; and
any additional by-laws or any amendments or repeals relating to those by‑laws, made by the management corporation and lodged with the Commissioner of Buildings in accordance with section 41 of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act.
The by-laws prescribed by regulations under this Act may apply to and be the by‑laws for every parcel comprised in a strata title plan in respect of which a management corporation continued by the operation of paragraph 10 is constituted if the management corporation, by special resolution, adopts the by‑laws prescribed by regulations under this Act in substitution for the by‑laws set out in the First Schedule of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act.
strata title plan
“strata title plan” has the meaning given by the Land Titles (Strata) Act 1967;
Where, immediately before 1 April 2005, a subsidiary proprietor of a lot was entitled, pursuant to section 41 of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act, to a right of exclusive use and enjoyment of, or special privileges in respect of, any common property, the subsidiary proprietor for the time being of the lot continues to be entitled to that right or those special privileges in accordance with the terms of the by‑law, and any such by‑law is terminable on reasonable notice unless the management corporation otherwise resolves by unanimous resolution.
subsidiary proprietor
“subsidiary proprietor” has the meaning given by the Land Titles (Strata) Act 1967;
Any by-law made under the former provisions by a management corporation continued by the operation of paragraph 10 is, if inconsistent with section 2(9), void to the extent of that inconsistency.Former initial period15.—
Where the former initial period of a management corporation continued by the operation of paragraph 10 is current immediately before 1 April 2005, section 49 of this Act does not apply to the management corporation, and the former initial period —
initial period
“initial period”, in relation to a management corporation or subsidiary management corporation, means a period starting from the day on which the management corporation or subsidiary management corporation (as the case may be) is constituted (except pursuant to a comprehensive resolution under section 78(2)(b)) and ending —(a)12 months later; or(b)on the day when the first annual general meeting of the management corporation or subsidiary management corporation (as the case may be) is held,whichever first occurs;
continues to run from the date or event from which it was running immediately before 1 April 2005; and
expires (subject to any former provisions for its extension) whenever it would have expired if this Act had not been enacted,and any rights, obligations, restrictions, powers or duties that, under those former provisions, are dependent on the beginning, duration or end of that former initial period continue as if this Act had not been enacted.
In sub-paragraph (1), “former initial period” means the initial period referred to in section 51 of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act.Existing proxies
16. Any appointment of a person as a proxy of another person under the Third Schedule to the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act, being an appointment in force immediately before 1 April 2005, is deemed to be an instrument of proxy made under the provisions of this Act.Commissioner’s previous notices and orders, etc.17.—
Any schedule of strata units accepted or deemed accepted by the Commissioner of Buildings under section 7 of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act is deemed to have been accepted by the Commissioner under section 11 of this Act.
schedule of strata units
“schedule of strata units”, in relation to any parcel, means the schedule of strata units showing the share values for each lot or proposed lot in that parcel, and includes any amended schedule of strata units;
Any approval, notice, order, permission, acceptance or other document prepared, made, granted or approved by the Commissioner of Buildings under the provisions of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed by this Act, so far as it is not inconsistent with the provisions of this Act, continues and is deemed to have been prepared, made, granted or approved under the corresponding provisions of this Act.References in other written laws
18. Any written law or document referring to the former provisions is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to the corresponding provisions in this Act.