Building (Strata Management) Act 2004 · 2020 Revised Edition · Part 5 · Management of Strata Subdivided Buildings
34. Dispositions and additions to, etc., common property
Feedback & supportLast amended by an amending law of 2022. 2 amendments in all.
A management corporation may, subject to the approval of the relevant authority, and pursuant to a 90% resolution —
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;
execute on behalf of its subsidiary proprietors a transfer of any part of common property (including a part of any building or any immovable property affixed to the common property) as provided in section 23 of the Land Titles (Strata) Act 1967; or
execute on their behalf a lease of or rent part of such common property for a period which exceeds 3 years,other than common property which is the subject of any lease accepted or acquired by the management corporation under subsection (3).
Subject to the approval from the relevant authority, a management corporation may —
pursuant to a special resolution, execute on behalf of its subsidiary proprietors a lease of or rent part of such common property to any person 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; or
pursuant to an ordinary resolution, execute on their behalf a lease of or rent part of such common property to any person for a period which does not exceed one year and cannot be extended by exercise of any option of renewal to exceed an aggregate of one year,other than common property which is the subject of any lease accepted or acquired by the management corporation under subsection (3).
Subsections (1) and (2) do not apply to or in relation to any matter falling within section 34A(1).
A management corporation may, pursuant to a special resolution, and subject to the approval from the relevant authority, accept —
a grant or transfer of any land (not being a lot within the parcel) which abuts the parcel, free from any encumbrances (except those created by statute and subsisting easements);
a grant or transfer of any lot, including the undivided share in the common property appurtenant to that lot, free from any encumbrances (except those created by statute and subsisting easements); or
a lease of land, not being a lot within the parcel, whether or not it abuts on the parcel,for the purpose of creating additional common property.
A management corporation may, by an ordinary resolution, approve the subdivision of a lot or the amalgamation of 2 or more lots resulting in the creation of any additional or new common property.
lot
“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;
Where there are 2 or more management corporations established for separate parcels which are of the same tenure, the respective management corporations may, pursuant to respective special resolutions and subject to the approval from the relevant authority, accept and execute such instruments to amalgamate the common property within the parcels to be held by all the subsidiary proprietors of the respective management corporations as tenants‑in‑common in undivided shares.
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.