In force2020 Revised Edition

Contents

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

33. Exclusive use by-laws

(1)

Without affecting section 32, with the written consent of the subsidiary proprietor of the lot concerned, a management corporation may make a by‑law —

(a)

pursuant to an ordinary resolution, conferring on the subsidiary proprietor of a lot specified in the by‑law, or on the subsidiary proprietors of the several lots so specified, for a period not exceeding one year —

(i)

the exclusive use and enjoyment of; or

(ii)

special privileges in respect of,the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by‑law;

(b)

pursuant to a special resolution, conferring on the subsidiary proprietor of a lot specified in the by‑law, or on the subsidiary proprietors of the several lots so specified, for a period which exceeds one year but does not exceed 3 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 3 years —

(i)

the exclusive use and enjoyment of; or

(ii)

(c)

pursuant to a 90% resolution, conferring on the subsidiary proprietor of a lot specified in the by‑law, or on the subsidiary proprietors of the several lots so specified, for a period which exceeds 3 years —

(i)

the exclusive use and enjoyment of; or

(ii)

(d)

amending, adding to or repealing a by-law made in accordance with paragraph (a), (b) or (c), as the case may be.

(2)

A by-law mentioned in subsection (1) must either provide that —

(a)

the management corporation continues to be responsible to carry out its duties under section 29(1), at its own expense; or

(b)

the subsidiary proprietor or proprietors of the lot or lots concerned are responsible for, at the subsidiary proprietor’s or subsidiary proprietors’ expense, the performance of the duties of the management corporation mentioned in paragraph (a),and in the case of a by-law that confers rights or privileges on more than one subsidiary proprietor, any money payable by virtue of the by‑law by the subsidiary proprietors concerned —

(c)

to the management corporation; or

(d)

to any person for or towards the maintenance or upkeep of any common property,is, except to the extent that the by-law otherwise provides, payable by the subsidiary proprietors concerned proportionately according to the relevant proportions of their respective share values.

(3)

Any by-law mentioned in subsection (1), while it remains in force, enures as appurtenant to, and for the benefit of, and is binding upon, the subsidiary proprietor or subsidiary proprietors for the time being of the lot or lots specified in the by‑law.

(4)

To the extent to which such a by-law makes a subsidiary proprietor directly responsible for the duties of the management corporation mentioned in subsection (2)(a), it discharges the management corporation from the performance of those duties.

(5)

If a by-law does not provide as required by subsection (2)(a) or (b), the subsidiary proprietor or subsidiary proprietors are responsible at the subsidiary proprietor’s or subsidiary proprietors’ own expense, for the duties of the management corporation mentioned in subsection (2)(a).

(6)

Any moneys payable by a subsidiary proprietor to the management corporation under a by‑law mentioned in subsection (1) may be recovered as a debt by the management corporation in any court of competent jurisdiction.

(7)

A by-law made pursuant to subsection (1) —

(a)

need not identify or define the common property which is the subject of the grant of exclusive use and enjoyment or special privileges provided that the by-law prescribes a method of identifying or defining the common property; and

(b)

may authorise the transposition of an identified or defined area of the common property from one subsidiary proprietor of a lot to another subsidiary proprietor of a lot at any time and from time to time on receipt of written notice to the management corporation from both such subsidiary proprietors.

Terms defined in s 2

by-law
Defined · s 2
“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;
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
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
subsidiary proprietor
Defined · s 2
“subsidiary proprietor” has the meaning given by the Land Titles (Strata) Act 1967;
Open s 2

Report

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Part 6

Disputes and Strata Titles Boards

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Part 7

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Part 8

General

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Schedules

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