In force2020 Revised Edition

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Building (Strata Management) Act 2004 · 2020 Revised Edition · Part 6 · Disputes and Strata Titles Boards

101. General power to make orders to settle disputes or rectify complaints, etc.

In plain English

A board may make orders settling disputes or complaints about defects, a subsidiary proprietor's liability for work costs, or how a management corporation uses its powers. A management corporation, subsidiary proprietor, lessee or occupier of a lot may apply. If a ceiling shows dampness, the defect is presumed to be in the lot or common property above.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

Subject to subsections (4), (6) and (7), a Board may, pursuant to an application by a management corporation or subsidiary management corporation, a subsidiary proprietor, mortgagee in possession, lessee or occupier of a lot in a subdivided building, make an order for the settlement of a dispute, or the rectification of a complaint, with respect to —

(a)

any defect in a lot, a subdivided building or its common property or limited common property;

(b)

the liability of a subsidiary proprietor to bear the costs of or any part thereof for any work carried out by a management corporation or subsidiary management corporation (as the case may be) in the exercise of its powers or performance of its duties or functions conferred or imposed by this Act or the by‑laws relating to the subdivided building or limited common property, as the case may be; or

(c)

the exercise or performance of, or the failure to exercise or perform, a power, duty or function conferred or imposed by this Act or the by‑laws relating to the subdivided building or limited common property, as the case may be.

(2)

An order under subsection (1) may be made on —

(a)

any person entitled to make an application under this section; or

(b)

the chairperson, secretary or treasurer of a management corporation or subsidiary management corporation, or its council or executive committee.

(3)

Any order made under subsection (1), except an order made with respect to the exercise or performance of, or the failure to exercise or perform, a power, duty or function conferred or imposed by this Act or the by‑laws, may provide for the payment of damages not exceeding an amount that may be ordered by a District Court if the dispute had been the subject of civil proceedings in that Court.

(4)

For the purposes of this section, where a management corporation or subsidiary management corporation has a discretion as to whether or not to exercise or perform a power, duty or function conferred or imposed on it by this Act or the by‑laws, it is deemed to have refused or failed to exercise or perform that power, duty or function only if it has decided not to exercise or perform that power, duty or function.

(5)

For the purposes of subsection (4), where an application is made to a management corporation or subsidiary management corporation to exercise a discretion mentioned in that subsection, and the management corporation or subsidiary management corporation does not, before the expiry of 2 months after the making of the application —

(a)

exercise or perform a power, duty or function in accordance with the application; or

(b)

inform the applicant that it has decided not to exercise or perform that power, duty or function in accordance with the application,the management corporation or subsidiary management corporation (as the case may be) is deemed to have decided not to exercise or perform that power, duty or function.

(6)

Subsection (1) does not empower a Board to make an order with respect to the exercise or performance of, or the failure to exercise or perform, a power, duty or function of a management corporation or subsidiary management corporation where that power, duty or function may, in accordance with any provision of this Act or the by‑laws, only be exercised or performed pursuant to a unanimous resolution, special resolution, 90% resolution, comprehensive resolution or resolution by consensus.

(7)

An order in respect of any matter dealt with in any other section in this Part must not be made under this section.

(8)

In any proceedings under this section with respect to any alleged defect in a lot or in any common property or limited common property situated immediately (whether wholly or partly) above another lot or any common property or limited common property, it is presumed, in the absence of proof to the contrary, that the defect is within that lot or common property or limited common property (as the case may be) above if there is any evidence of dampness, moisture or water penetration —

(a)

on the ceiling that forms part of the interior of the lot, common property or limited common property (as the case may be) immediately below; or

(b)

on any finishing material (including plaster, panel or gypsum board) attached, glued, laid or applied to the ceiling that forms part of the interior of the lot, common property or limited common property (as the case may be) immediately below.

Terms defined in s 2

Board
Defined · s 2
“Board” means any Strata Titles Board constituted under Part 6;
Open s 2
common property
Defined · s 2
“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.
Open s 2
council
Defined · s 2
“council”, in relation to a management corporation, means the council of that management corporation;
Open s 2
executive committee
Defined · s 2
“executive committee”, in relation to a subsidiary management corporation, means the executive committee of that subsidiary management corporation;
Open s 2
limited common property
Defined · s 2
“limited common property” means such part of the common property in a parcel that is —(a)in the case of common property to be comprised in a strata title plan — designated in the sale and purchase agreement of any proposed lot in the parcel for the exclusive benefit of the purchasers of 2 or more (but not all) of those proposed lots in the parcel; or(b)in the case of common property comprised in a strata title plan — designated in the strata title plan or a comprehensive resolution mentioned in section 78(2) for the exclusive benefit of the subsidiary proprietors of 2 or more (but not all) lots in that strata title plan,but does not include —(c)the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel, whether or not they are comprised in any lot or proposed lot;(d)any chute, pipe, wire, cable, duct and other facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, not comprised in any lot or proposed lot and necessary for the common use of the occupiers of all lots or proposed lots in that parcel; and (e)all other windows of a lot or proposed lot that are located on any exterior wall of the lot or proposed lot;
Open s 2
lot
Defined · s 2
“lot” means any stratum within a parcel comprised in a strata title plan and which —(a)is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and(b)is shown as a lot on the strata title plan,and includes a lot specified as an accessory lot on any such plan;
Open s 2
management corporation
Defined · s 2
“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;
Open s 2
subdivided building
Defined · s 2
“subdivided building” means any one or more buildings comprised in a strata subdivision plan approved by the relevant authority;
Open s 2
subsidiary management corporation
Defined · s 2
“subsidiary management corporation”, in relation to any limited common property comprised in a strata title plan, means the subsidiary management corporation constituted for that limited common property under the Land Titles (Strata) Act 1967;
Open s 2
subsidiary proprietor
Defined · s 2
“subsidiary proprietor” has the meaning given by the Land Titles (Strata) Act 1967;
Open s 2

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