Building (Strata Management) Act 2004 · 2020 Revised Edition · Part 5 · Management of Strata Subdivided Buildings
78. Creation, etc., of limited common property
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Common property comprised or to be comprised in a strata title plan may be designated as limited common property —
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.
where the common property is part of a parcel mentioned in section 76(1) —
by the owner developer thereof by a designation on the strata title plan for that parcel when that strata title plan is filed with the Chief Surveyor; or
by the management corporation constituted in respect of that strata title plan pursuant to a comprehensive resolution and in accordance with subsection (2)(b); or
where the common property is part of a parcel referred to in an order made under section 76(2), by the management corporation constituted in respect of that strata title plan pursuant to a comprehensive resolution and in accordance with subsection (2)(b).
Subject to subsection (3), common property comprised or to be comprised in a strata title plan may be designated as limited common property —
strata title plan
“strata title plan” has the meaning given by the Land Titles (Strata) Act 1967;
in the case of designation by the owner developer under subsection (1)(a), by a designation on the strata title plan filed with the Chief Surveyor for that parcel that —
describes the limited common property or identifies or defines the boundaries or area of the limited common property on that strata title plan; and
specifies each lot comprised in that strata title plan whose subsidiary proprietors are entitled to the exclusive benefit of the limited common property; or
by a comprehensive resolution passed by the management corporation constituted in respect of that strata title plan that —
describes the limited common property or identifies or defines the boundaries or area of the limited common property on the strata title plan;
specifies each lot comprised in that strata title plan whose subsidiary proprietors are entitled to the exclusive benefit of the limited common property; and
is filed with the Chief Surveyor.
To avoid doubt, the designation of limited common property by an owner developer under subsection (1)(a)(i) or by a comprehensive resolution under subsection (2)(b) —
limited common property
“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;
need not require an amendment to any strata title plan; and
need not identify or define the area of the limited common property provided that the designation or resolution (as the case may be) prescribes a method of identifying or defining the limited common property.
Any designation of common property as limited common property —
by an owner developer of a parcel to be comprised in a strata title plan takes effect only when the management corporation is constituted for that strata title plan under the Land Titles (Strata) Act 1967; or
by a comprehensive resolution under subsection (2)(b) takes effect only when the comprehensive resolution is filed with the Chief Surveyor and the instrument required by the Registrar under section 10A of the Land Titles (Strata) Act 1967 for the limited common property is registered under that Act.
Any designation of common property as limited common property by an owner developer may only be removed or amended in accordance with subsection (6) or (7) or section 84.
owner developer
“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;
The management corporation constituted for any common property subject to a strata title plan and any subsidiary management corporation constituted for limited common property subject to the same strata title plan may accept and execute such documents to alter any boundary between their common property and limited common property, respectively, if —
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;
the management corporation, pursuant to a comprehensive resolution under subsection (2)(b), determines to alter the boundary between its common property and the limited common property; and
the subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)(b), also determines to similarly alter the boundary between its limited common property and the common property.
Subject to subsection (8), a subsidiary management corporation constituted for any limited common property subject to a strata title plan and any other subsidiary management corporation constituted for other limited common property subject to the same strata title plan may, without affecting the boundaries of their respective limited common properties with the common property within that strata title plan, accept and execute such documents to amalgamate their respective limited common properties or alter any boundary between their respective limited common properties within the strata title plan if —
subsidiary management corporation
“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;
the firstmentioned subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)(b), determines —
to alter the boundary between its limited common property and the other subsidiary management corporation’s limited common property; or
to amalgamate its limited common property with the other subsidiary management corporation’s limited common property and to merge both subsidiary management corporations to constitute a single subsidiary management corporation for that amalgamated limited common property, seized of, holding and possessing all rights and interests and subject to all liabilities and obligations of the amalgamating subsidiary management corporations; and
that other subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)(b), also determines similarly —
to alter the boundary between its limited common property and the other subsidiary management corporation’s limited common property; or
to amalgamate its limited common property with the other subsidiary management corporation’s limited common property and to merge both subsidiary management corporations to constitute a single subsidiary management corporation for that amalgamated limited common property, seized of, holding and possessing all rights and interests and subject to all liabilities and obligations of the amalgamating subsidiary management corporations.
Subsection (7) does not authorise any subsidiary management corporation to amalgamate its limited common property in a manner that is contrary to section 77.
To avoid doubt, the Chief Surveyor is not to be taken to warrant or certify the correctness of the boundaries of any limited common property or the validity of the creation of any limited common property by his or her accepting any comprehensive resolution or any accompanying plan showing the boundaries or containing a description of that limited common property.
Chief Surveyor
“Chief Surveyor” means the Chief Surveyor appointed under section 3 of the Boundaries and Survey Maps Act 1998;