In force2020 Revised Edition

Contents

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

88. Breaches of this Part

(1)

If a management corporation or subsidiary management corporation commits a breach of any provision of this Part, or makes default in complying with any requirement of, or duty imposed on it by, any provision of this Part, a subsidiary proprietor or mortgagee in possession or occupier of a lot is entitled to apply to the court —

(a)

for an order to restrain the breach of any such provision by; or

(b)

to recover damages for any loss or injury to the subsidiary proprietor, mortgagee in possession, or occupier or property arising out of the breach of any such provision from,the management corporation or subsidiary management corporation, as the case may be.

(2)

The court may make such order against any such person, the management corporation or the members of its council, or the subsidiary management corporation or its executive committee, or the managing agent, as the court thinks fit.

(3)

Where a requirement or duty is imposed on a management corporation or subsidiary management corporation by this Part, any person for whose benefit, or for the benefit of whose lot that requirement or duty is imposed on the management corporation or subsidiary management corporation (as the case may be) may apply to the court for an order compelling the management corporation or subsidiary management corporation (as the case may be) to carry out the requirement or perform the duty and, on such an application being made, the court may make such order as it thinks proper.