In force2020 Revised Edition

Contents

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

82. By-laws for limited common property

(1)

A management corporation’s by-laws apply to the limited common property managed and maintained by a subsidiary management corporation unless the by‑laws have been otherwise expressly amended —

(a)

by the subsidiary management corporation pursuant to a special resolution passed at a general meeting of the subsidiary management corporation; and

(b)

in respect of any matter that relates solely to that limited common property or subsidiary management corporation.

(2)

A subsidiary management corporation may make by‑laws relating to the limited common property designated for the exclusive use of all the lots in the subsidiary management corporation.

(3)

Without limiting the operation of any other provision of this Act, any by‑laws made by a subsidiary management corporation under this section for the time being in force bind the subsidiary management corporation and the subsidiary proprietors of lots constituting that subsidiary management corporation, and any mortgagee in possession (whether personally or by any other person), lessee or occupier of such a lot to the same extent as if the by‑laws —

(a)

had been signed and sealed by the subsidiary management corporation, and each such subsidiary proprietor and each such mortgagee, lessee and occupier, respectively; and

(b)

contained mutual covenants to observe, comply and perform all the provisions of these by‑laws.

(4)

Sections 32 and 33 apply, with the necessary modifications, to the by‑laws of a subsidiary management corporation as they apply to the by‑laws of a management corporation.

Terms defined in 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
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 management corporation
Defined · s 2
“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;
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

Read on from s 83

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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