Building (Strata Management) Act 2004 · 2020 Revised Edition · Part 5 · Management of Strata Subdivided Buildings
85A. Limited right to representation by management corporation in non‑lot acquisition
Feedback & supportLast amended by an amending law of 2019. 2 amendments in all.
Despite anything in section 85, the management corporation for a strata title plan —
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;
may start any proceedings before the Appeals Board under the Land Acquisition Act 1966 for any non‑lot acquisition relating to the strata title plan and represent every subsidiary proprietor of every lot comprised in the strata title plan in those proceedings; and
may lodge any appeal from the decision of the Appeals Board under the Land Acquisition Act 1966 for any non‑lot acquisition relating to the strata title plan and represent every subsidiary proprietor of every lot comprised in the strata title plan in that appeal,if, and only if, the proceedings and appeal, respectively, are each authorised by an ordinary resolution of the subsidiary proprietors constituting the management corporation.
Unless authorised by ordinary resolution, a management corporation for a strata title plan must not make a claim for compensation under the Land Acquisition Act 1966 for any non‑lot acquisition relating to its strata title plan.
strata title plan
“strata title plan” has the meaning given by the Land Titles (Strata) Act 1967;
Unless otherwise agreed by special resolution under subsection (4), the amount of compensation awarded under the Land Acquisition Act 1966 for any non‑lot acquisition relating to a strata title plan must be paid into the management fund of the management corporation for that strata title plan.
The subsidiary proprietors constituting the management corporation for a strata title plan may, by special resolution, agree that the compensation for any non‑lot acquisition relating to the strata title plan be distributed among themselves; in which event that compensation must be distributed among the subsidiary proprietors in shares proportionate to their respective share values of their lots as on the date possession is taken under section 16 of the Land Acquisition Act 1966 of the land acquired under the non‑lot acquisition.
non‑lot acquisition
“non‑lot acquisition” means any acquisition under the Land Acquisition Act 1966 of any common property (and no other land) comprised in a strata title plan;
Unless authorised by a resolution by consensus, a management corporation for a strata title plan must not express any desire under section 49(1) of the Land Acquisition Act 1966 for the whole of the land comprised in its strata title plan to be acquired under that Act.