Building (Strata Management) Act 2004 · 2020 Revised Edition · Part 5 · Management of Strata Subdivided Buildings
41. Additional or variation of contributions
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Despite section 40(2), the contributions payable by the subsidiary proprietor of a proposed lot are, during the period when any building consisting of that proposed lot is being erected and is not yet completed, reduced by 75%.
subsidiary proprietor
“subsidiary proprietor” has the meaning given by the Land Titles (Strata) Act 1967;
For the purposes of subsection (1), a building consisting of a proposed lot is deemed to be completed when a temporary occupation permit is issued for any proposed lot in the building.
Despite section 40(2), a management corporation may, subject to the approval of the Commissioner under subsection (4), levy additional contributions on the subsidiary proprietor of any lot —
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;
where a lot has been subdivided into 2 or more lots and the management corporation will incur additional expenditure in maintaining the facilities or common property, whether or not new facilities or new common property arise from the subdivision of the firstmentioned lot;
where any change of use in respect of a lot has been approved by the competent authority without any alteration to the common property; or
where improvements in or upon the lot have been effected for the benefit of the subsidiary proprietor thereof in accordance with section 37.
The Commissioner may approve the levy of any additional contribution under subsection (3) if and only if he or she is satisfied that the additional contribution is not inadequate, excessive and unreasonable.
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;
The Commissioner must give any subsidiary proprietor concerned an opportunity of being heard before giving his or her approval for any additional contribution to be levied under subsection (3).
Despite section 40(2), where any common property is altered or any structure is erected on the common property giving rise to a change in use of the common property by or in respect of any lot, the management corporation may, pursuant to a comprehensive resolution, levy contributions to the management fund and sinking fund on any subsidiary proprietor of such lot using any one or more formulae different from that in section 40(2).
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.
A copy of every comprehensive resolution mentioned in subsection (6) must be filed by the management corporation concerned with the Commissioner not later than the 7th day after its passing.
Despite section 40(2) but subject to subsections (1), (3) and (6), a management corporation may, pursuant to resolution by consensus, levy contributions to the management fund or sinking fund on all or any of its subsidiary proprietors based on any other method.
A management corporation may, by special resolution, determine (either generally or in a particular case) the amount or percentage less of a contribution levied that a subsidiary proprietor may pay in the following circumstances:
if the contribution is paid to the management corporation before the date it becomes payable;
for contributions payable by instalments — if the contribution is paid in full on or before the date specified in the notice for payment in full, or if the contributions are paid in another way stated in the resolution.