In forceAmended2020 Revised Edition

Contents

Building (Strata Management) Act 2004 · 2020 Revised Edition · Part 5 · Management of Strata Subdivided Buildings

19. Commissioner may appoint managing agent for development

Amended

Last amended by an amending law of 2025. 2 amendments in all.

(1)

If the Commissioner is satisfied that, after due inquiry by him or her or a person appointed by him or her, the management and maintenance of a development or part thereof is not carried out satisfactorily by the owner developer thereof, the Commissioner may appoint one or more persons as a managing agent to manage and maintain —

(a)

where the development has no limited common property — the development; or

(b)

where the development has limited common property — the common property or the limited common property of the development or both.

(1A)

An appointment under subsection (1) must be published in the Gazette.

(2)

A managing agent appointed by the Commissioner under subsection (1) is entitled to such remuneration or fees as may be determined by the Commissioner and the remuneration or fees must be charged —

(a)

in the case of a managing agent appointed in respect of the development under subsection (1)(a) or the common property of the development under subsection (1)(b) — to the general maintenance fund mentioned in section 16(2); or

(b)

in the case of a managing agent appointed in respect of the limited common property under subsection (1)(b) — to the special maintenance fund mentioned in section 16(3).

(3)

The Commissioner must not exercise his or her powers under this section unless he or she has given not less than 14 days’ notice in writing to the owner developer concerned, specifying his or her intention to appoint a managing agent under subsection (1) and to consider the representations (if any) made by the owner developer not later than the 14th day after the date of service of the notice.

(4)

Any owner developer who is aggrieved by an order made by the Commissioner under subsection (1) in respect of the owner developer’s development may, at any time not later than the 21st day after the date of publication of that order in the Gazette, appeal in writing to the Minister.

(5)

Even though an appeal has been made under subsection (4) against an order made by the Commissioner under subsection (1), that order has effect unless otherwise ordered by the Minister.

(6)

The Minister may determine an appeal under this section by confirming, varying or cancelling the Commissioner’s order under subsection (1).

(7)

The decision of the Minister in any appeal under subsection (4) is final.

(8)

The Commissioner may at any time revoke any appointment made under subsection (1) for any development and appoint another person as managing agent for the development.

Terms defined in s 2

Commissioner
Defined · s 2
“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;
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
development
Defined · s 2
“development” means any parcel on which any building is being or to be constructed;
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
maintenance fund
Defined · s 2
“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;
Open s 2
managing agent
Defined · s 2
“managing agent” means a managing agent appointed under this Act;
Open s 2
owner developer
Defined · s 2
“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;
Open s 2

Report

Read on from s 20

Part 6

Disputes and Strata Titles Boards

Read on from Part 6

Part 7

Read on from Part 7

Part 8

General

Read on from Part 8

Schedules

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