Building Maintenance and Strata Management Bill 2004

any by-law prescribed by regulations under section 136;

any by-law made by a management corporation under section 32 or 33 and in force in respect of that parcel; or

any by-law made by a subsidiary management corporation under section 82 and in force in respect of any limited common property within that strata title plan;

relating to the common property and any movable property held by or on behalf of a management corporation;

relating to the limited common property and any movable property held by or on behalf of a subsidiary management corporation; or

required to meet any other purpose or obligation of a management corporation or subsidiary management corporation;

in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —

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; or

in relation to any other land and building, such part of the land and building —

not comprised in any non-strata lot; and

used or capable of being used or enjoyed by occupiers of 2 or more non-strata lots within that land or building;

12 months later; or

on the day when the first annual general meeting of the management corporation or (as the case may be) subsidiary management corporation is held,whichever first occurs;

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 any 2 or more (but not all) of those proposed lots in the parcel; or

in the case of common property comprised in a strata title plan, designated in the strata title plan or a comprehensive resolution referred to 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 —

the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel; and

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;

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

is shown as a lot on the strata title plan,and includes a lot specified as an accessory lot on any such plan;

is within any land or building not comprised or not to be comprised in a strata title plan; and

is used or intended to be used as a complete and separate unit for the purpose of habitation or business or any other purpose;

in relation to a building, means the person for the time being receiving the rent of the building, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the building were let to a tenant;

in relation to any common property or limited common property not comprised in a strata title plan, means the person receiving any rent or charge for the maintenance of that common property or limited common property, and includes every person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act (Cap. 254) as owner of that common property or limited common property; or

in relation to any common property or limited common property comprised in a strata title plan, means the management corporation or subsidiary management corporation, as the case may be, having control of the common property or limited common property;

is intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and

is to be shown as a lot on the strata title plan for that development;

the progressive improvement of the parcel in stages by the construction of buildings or the carrying out of works (or both) on a lot, proposed lot or future development lot therein or such lots therein; and

the subsequent subdivision under any written law of each future development lot therein and the consequential adjustments of share values of lots or proposed lots within that strata title plan;

the motion is passed at a duly convened general meeting of such corporation of which at least 14 days’ notice specifying the motion has been given; and

the votes cast by subsidiary proprietors who are entitled to vote and are present (in person or proxy) at the time the vote is taken are as follows:

if no poll is taken — the number of valid votes counted for the motion are more than the valid votes counted against the motion; or

on a poll — the total of the share value of the lots for which valid votes are counted for the motion is more than the total of the share value of the lots for which valid votes are counted against the motion.

the motion is passed at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and

on a poll, the total of the share value of the lots for which valid votes are counted for the motion is at least 75% of the aggregate share value of the lots for which all valid votes are cast by subsidiary proprietors who are present (in person or proxy) at the time the vote is taken.

is passed at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and

is supported by every valid vote cast by subsidiary proprietors who are present (in person or proxy) at the time the vote is taken.

the motion is passed at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and

on a poll, the total of the share value of the lots for which valid votes are counted for the motion is at least 90% of the aggregate share value of the lots for which all valid votes are cast by subsidiary proprietors who are present (in person or proxy) at the time the vote is taken.

the motion is considered at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and

at the end of a period of 12 weeks after the general meeting in paragraph (a) is convened, on a poll, the total of the share value of the lots for which valid votes are counted for the motion is at least 90% of the aggregate share value of the lots of all the subsidiary proprietors who, at the end of that period, constitute the management corporation or subsidiary management corporation, as the case may be.

the motion is considered at a duly convened general meeting of such corporation of which at least 21 days’ notice specifying the motion has been given; and

at the end of a period of 12 weeks after the general meeting in paragraph (a) is convened, all the subsidiary proprietors who, at the end of that period, constitute the management corporation or subsidiary management corporation, as the case may be, support the motion in writing.

given both for and against the motion;

unmarked; or

void for uncertainty.

all windows of a lot, proposed lot or non-strata lot that are located on any exterior wall of the lot, proposed lot or (as the case may be) non-strata lot, being either louvres, casement windows, sliding windows or windows with any movable part, shall be part of the lot, proposed lot or (as the case may be) non-strata lot and not common property; and

all other windows of a lot, proposed lot or non-strata lot that are located on any exterior wall of the lot, proposed lot or (as the case may be) non-strata lot shall be common property, unless otherwise described in a strata title plan.

for which planning permission is granted (whether before, on or after the date of commencement of this Division) for strata subdivision after completion of any building thereon; and

on which more than 4 lots or proposed lots are or are to be constructed.

the date the first temporary occupation permit is issued in respect of any lot or proposed lot in the development or, in the case of a staged development, the date the first temporary occupation permit is issued in respect of any lot or proposed lot comprised in the initial stage of the staged development on completion thereof; or

such subsequent date when this Division applies to the development,whichever is the later, but in every case before the collection of maintenance charges from any purchaser of any lot or proposed lot in the development starts.

to pay for the expenses incurred on or after the establishment of the general maintenance fund in providing —

cleaning services for the common property;

security services and amenities for the occupiers of the lots or proposed lots in that development; and

such other services necessary for maintaining the common property in a state of good repair;

to maintain, repair and renew fixtures and fittings (including lifts) in that development, not being fixtures and fittings installed in a lot or proposed lot sold or intended for sale to a purchaser;

to maintain, repair and renew sewers, pipes, wires, cables and ducts used or capable of being used in connection with the enjoyment of 2 or more lots or proposed lots in, or the common property of, that development;

to pay any premium for the insurance of that development against damage by fire and other risks;

to pay rent and rates, if any;

to pay any fee for the auditing of the maintenance fund; and

to pay all charges reasonably incurred for the administration of the maintenance fund and the common property of that development.

to pay for the expenses incurred on or after the establishment of the special maintenance fund in providing —

cleaning services for that limited common property;

security services and amenities for the occupiers of the lots or proposed lots in that development for whose exclusive benefit that limited common property has been designated under the sale and purchase agreement with the owner developer; and

such other services necessary for maintaining that limited common property in a state of good repair;

to maintain, repair and renew fixtures and fittings (including lifts) in that development comprised within that limited common property, not being fixtures and fittings installed in a lot or proposed lot sold or intended for sale to a purchaser;

to maintain, repair and renew sewers, pipes, wires, cables and ducts used or capable of being used in connection with the enjoyment —

of that limited common property; or

of 2 or more lots or proposed lots in that development for whose exclusive benefit that limited common property has been designated under the sale and purchase agreement with the owner developer;

to pay rent and rates, if any, connected with the limited common property;

to pay any fee for the auditing of the special maintenance fund; and

to pay all charges reasonably incurred for the administration of the special maintenance fund and the limited common property of that development.

in respect of every lot or proposed lot in the development sold —

pay into the relevant maintenance fund an amount equal to the amount of maintenance charges which would have been payable by the purchaser until such maintenance charges are due and payable; and

collect all maintenance charges due and payable from the purchaser of every lot or proposed lot in that development and pay all such maintenance charges into the relevant maintenance fund established under section 16 for that development;

in respect of every lot or proposed lot in the development not yet sold, pay into the relevant maintenance fund an amount equal to the amount of maintenance charges which would have been payable by a purchaser of such lot or proposed lot if sold; and

pay all income derived from the common property and limited common property, if any, of that development into the relevant maintenance fund for that development.

where the lot or proposed lot is sold before a temporary occupation permit is issued in respect of the lot or proposed lot, within a period of 3 months after the temporary occupation permit is issued in respect of the lot or proposed lot; and

where the lot or proposed lot is sold on or after such a permit is issued, before the date of expiration of the period referred to in paragraph (a) or from the date the maintenance fund is established under section 16(2) or (3), whichever is the earlier.

in the case of a general maintenance fund established under section 16(2), for all the purchasers of lots or proposed lots in that development; and (b)in the case of a special maintenance fund established under section 16(3) in respect of any limited common property, for all the purchasers of such lots or proposed lots in that development for whose exclusive benefit that limited common property has been designated under their sale and purchase agreements with the owner developer.

cause proper books of accounts to be kept in respect of all sums of money received for and all payments out of every maintenance fund established under section 16 for the development, specifying the matters in relation to which the receipts and expenditure take place;

appoint an auditor to audit every such maintenance fund annually;

cause the accounts of every such maintenance fund to be audited within 4 months after the management corporation for that development is constituted;

file with the Commissioner a certified true copy of the audited accounts within 28 days after the accounts of every such maintenance fund have been audited;

permit the Commissioner, or any person authorised by him to act on his behalf, at all reasonable times full and free access to the accounts and other records of every maintenance fund and permit the Commissioner or the authorised person to make copies of or make extracts from those accounts or other records; and

furnish a certified true copy of the accounts of every maintenance fund to the Commissioner at such intervals as may be required by the Commissioner.

within 28 days after the accounts of every such maintenance fund have been audited, make available for a period of 2 weeks such accounts for inspection by any purchaser of any lot or proposed lot in the development or his agent without payment of any fee; and

at any other time, permit the purchaser of any lot or proposed lot in the development or his agent to inspect the accounts and other records of any such maintenance fund, and to make copies of or make extracts from those accounts or other records, at such time and place as may be agreed between the parties and after payment of a prescribed fee.

the share value assigned or to be assigned to each lot or proposed lot shown in the schedule of strata units or (as the case may be) amended schedule of strata units filed with the Commissioner under section 11;

the floor area of each lot or proposed lot;

if the development comprises limited common property, the lots or proposed lots for whose exclusive benefit that limited common property has been designated;

the name, address and other identification particulars of the purchaser of each lot or proposed lot and, if the purchaser is not a resident of Singapore, an address in Singapore to which notices may be served on the purchaser; and

the name and address of the solicitors acting for the purchaser of the lot or proposed lot in the sale and purchase of each lot or proposed lot, as the case may be.

where the development has no limited common property — the development; or

where the development has limited common property — the common property or the limited common property of the development or both.

in the case of a managing agent appointed in respect of the development under subsection (1)(a) or the common property of the development under subsection (1)(b), the general maintenance fund referred to in section 16(2); or

in the case of a managing agent appointed in respect of the limited common property under subsection (1)(b), the special maintenance fund referred to in section 16(3).

to manage the relevant maintenance fund of the development;

to issue any written demand in the name of the owner developer to the purchasers of lots or proposed lots in the development for the payment of maintenance charges due from them;

to receive all charges payable to the owner developer by purchasers of lots or proposed lots in the development for the maintenance of the common property or (as the case may be) the limited common property of the development, and to give a valid discharge therefor;

to receive all charges payable by the owner developer to the relevant maintenance fund in respect of those lots or proposed lots which have not been sold and for which temporary occupation permits have been issued;

to institute proceedings in the name of the owner developer to recover maintenance charges payable by the purchasers of the lots or proposed lots in the development; and

to bring any action in his own name to recover moneys due to the relevant maintenance fund from the owner developer or any other person.

the moneys standing to the credit of every maintenance fund of the development;

the amounts due and owing by the purchasers of the lots or proposed lots in the development as charges payable for the maintenance of the common property and any limited common property, if any, of the development;

any income derived from the common property and limited common property, if any, of the development which are due to be paid to the relevant maintenance fund; and

any expenditure incurred for the maintenance for the development which is authorised by section 16(2) or (3), as the case may be, to be paid out of the relevant maintenance fund and which remains unpaid.

in any court of competent jurisdiction; or

in the Small Claims Tribunal as if the charges and interest are moneys payable under a contract for the provision of services.

immediately open a bank account in the name of the management corporation and pay into that account all balances of moneys in the general maintenance fund established under section 16(2) for the maintenance of the subdivided building and the common property of that development;

cause to be prepared such accounts and other records as will sufficiently explain the transactions and financial position of the management corporation and enable true and fair profit and loss accounts and balance-sheets and any document required to be attached thereto to be prepared for the period starting from the date the management corporation is constituted for the development and ending on a date not earlier than 4 months before the first annual general meeting of the management corporation; and

cause the records referred to in paragraph (b) to be kept in such manner as to enable them to be conveniently and properly audited.

immediately open a bank account in the name of the subsidiary management corporation and pay into that account all balances of moneys in the special maintenance fund established under section 16(3) for the maintenance of the limited common property of that development;

cause to be prepared such accounts and other records as will sufficiently explain the transactions and financial position of the subsidiary management corporation and enable true and fair profit and loss accounts and balance-sheets and any document required to be attached thereto to be prepared for the period starting from the date the subsidiary management corporation is constituted for the development and ending on a date not earlier than 4 months before the first annual general meeting of the subsidiary management corporation; and

cause the records referred to in paragraph (b) to be kept in such manner as to enable them to be conveniently and properly audited.

the council of a management corporation; and

where the development comprises any limited common property, the executive committee of the subsidiary management corporation,from the time the management corporation or (as the case may be) subsidiary management corporation is constituted until a council of the management corporation or an executive committee of the subsidiary management corporation is elected at the first annual general meeting of the management corporation or subsidiary management corporation, as the case may be.

transfer control of the management corporation’s or (as the case may be) subsidiary management corporation’s money to its newly elected council or executive committee; and

deliver to that newly elected council or executive committee all keys and other means of access that the owner developer possesses for the purposes of exercising the powers and performing the duties of the council or executive committee, as the case may be.

keep all financial records that relate to the management corporation’s and (if any) subsidiary management corporation’s finances during the period before the transfer of control;

at the request of the management corporation or subsidiary management corporation, make any of the records referred to in paragraph (a) available for inspection free of charge by the management corporation or subsidiary management corporation, as the case may be; and

allow the management corporation or subsidiary management corporation, as the case may be, to copy or audit those records at its own expense.

comprise the subsidiary proprietors from time to time of all lots comprised in that strata title plan;

be a body corporate capable of suing and being sued and having perpetual succession and a common seal; and

be called “The Management Corporation — Strata Title Plan No.____” (the number to be specified being the number of the strata title plan).

sue and be sued on any contract made by it;

sue and be sued in respect of any matter affecting the common property;

sue in respect of any loss or damage suffered by the management corporation arising out of a contract or otherwise; and

be sued in respect of any matter connected with the parcel for which the subsidiary proprietors are jointly liable.

where the management corporation is constituted by one subsidiary proprietor — by that subsidiary proprietor; or

where the management corporation is constituted by 2 or more subsidiary proprietors — by such subsidiary proprietor or member of the council as the management corporation determines or, in the absence of any such determination, by the secretary of the council.

where the management corporation is constituted by one or 2 subsidiary proprietors — that subsidiary proprietor or those subsidiary proprietors, as the case may be; or

where the management corporation is constituted by 2 or more subsidiary proprietors — such 2 persons, being subsidiary proprietors or members of the council as the management corporation determines or, in the absence of such determination, by the secretary or any other member of the council,who shall also sign the instrument or document to which the seal is affixed.

a date that is one month after the end of the initial period for the management corporation; or

a date that is 6 weeks after the owner developer receives a written request from the subsidiary proprietors of at least 10% of the total number of lots comprised in that strata title plan asking for the first annual general meeting to be held.

to elect a council in accordance with section 53 where there are more than 3 subsidiary proprietors;

to determine the amount to be raised for the management fund and the sinking fund;

to decide whether insurances effected by the owner developer of the development should be varied or extended;

to decide the matters that shall be determined only by the management corporation at a general meeting;

to appoint a managing agent, if the management corporation so desire, and to determine the powers, duties or functions of the management corporation to be delegated to the managing agent; and

to receive and, if considered fit, to adopt the audited annual accounts of the management corporation for the period starting from the date the management corporation is constituted and ending on a date not earlier than 4 months before the first annual general meeting.

place before the meeting and deliver to the management corporation copies of all the following:

all plans that were required to obtain the temporary occupation permit and certificate of statutory completion (where applicable) for all buildings in the development, (including amendments to such plans) that have been filed with the Commissioner of Building Control under the Building Control Act (Cap. 29);

any document in the owner developer’s possession that indicates, as far as practicable, the actual location of any pipe, wire, cable, chute, duct or other facility for the passage or provision of systems or services, if the owner developer has reason to believe that the pipe, wire, cable, chute, duct or other facility is not located as shown on a plan or amended plan filed with the Commissioner of Building Control under the Building Control Act;

all contracts entered into by or on behalf of the management corporation;

a copy of the strata title plan;

the names and addresses of such contractors, subcontractors and persons who supplied labour or materials to the development during construction as may be prescribed;

all warranties, manuals, schematic drawings, operating instructions, service guides, manufacturer’s documentation and other similar information respecting the construction, installation, operation maintenance, repair and servicing of any common property or limited common property, including any warranty information provided to the owner developer by any person referred to in sub-paragraph (v);

all records required to be prepared or retained by the management corporation under this Act; and

any other records as may be prescribed; and

place an annual budget before the meeting for approval, which shall be for a period of 12 months starting on the first day of the month following the date of the first annual general meeting.

appoint a person to convene the first annual general meeting of the management corporation of a development within such time and at such place as may be specified in the order; and

include such ancillary or consequential instructions as the Commissioner thinks fit to facilitate the holding of the meeting by such person,and any such meeting so convened by that person shall be the first annual general meeting of the management corporation.

the person appointed under that order to convene the meeting shall preside at the meeting and while so presiding, he shall be deemed to be the chairperson of the management corporation; and

notice of the meeting may be given in such manner as may be specified in the order.

no annual general meeting of the management corporation is next held in accordance with subsection (1); or

the next annual general meeting of the management corporation is held after the time limited by subsection (1) for its holding,the chairperson and the secretary of the management corporation shall each be guilty of an offence.

ensure that an address for the time being for service of notices on it is recorded in the strata title plan and displayed on a notice board at a conspicuous place within the common property; and

cause to be constructed and maintained at or near the street alignment of the parcel a receptacle suitable for the receipt of mail and other documents with the name of the management corporation clearly shown thereon.

within 7 days after deciding, notify the Registrar of Titles and the Commissioner of the change; (b)apply to amend the registered strata title plan and other relevant records accordingly; and

within 7 days after deciding, serve on each of its subsidiary proprietors a written notice of the change.

to control, manage and administer the common property for the benefit of all the subsidiary proprietors constituting the management corporation;

to properly maintain and keep in a state of good and serviceable repair (including, where reasonably necessary, renew or replace the whole or part thereof) —

the common property;

any fixture or fitting (including any pipe, pole, wire, cable or duct) comprised in the common property or within any wall, floor or ceiling the centre of which forms a boundary of a lot, not being a fixture or fitting (including any pipe, pole, wire, cable or duct) that is used for the servicing or enjoyment of any lot exclusively;

any fixture or fitting (including any pipe, pole, wire, cable or duct) which is comprised within a lot and which is intended to be used for the servicing or enjoyment of the common property;

each door, window and other permanent cover over openings in walls where a side of the door, window or cover is part of the common property; and

any movable property vested in the management corporation;

to effect insurance according to this Act;

when so directed by a special resolution, to install or provide additional facilities or make improvements to the common property for the benefit of the subsidiary proprietors constituting the management corporation;

to comply with any notice or order made by any relevant authority or public authority requiring the abatement of any nuisance on the common property or ordering repairs or other work to be done in respect of the subdivided building or common property;

to pay the rent, if any, on the land on which the subdivided building is erected;

to cause proper records to be kept of notices given to the management corporation under this Act or any other written law, or of any orders made by a court, a Board or other tribunal and served on the management corporation; and

to convene annual general meetings in accordance with the First Schedule.

enter into an agreement, upon such terms and conditions (including terms for the payment of consideration) as may be agreed upon by the parties thereto, with a subsidiary proprietor or occupier of a lot for the provision of amenities or services by it to the lot or to the subsidiary proprietor or occupier thereof; and

do all things reasonably necessary for the performance of its duties under this Part and for the enforcement of the by-laws.

perform the duties and exercise the powers referred to in subsections (1) and (2), respectively, only in respect of common property that is not limited common property; and

cease to perform those duties and exercise those powers in respect of the limited common property created.

required to be carried out by him under a term or condition of a by-law referred to in section 33;

necessary to remedy a breach of the duty imposed on him by section 63(a);

to rectify any defect in any water pipe or sewer pipe within his lot or any cracks in the wall or floor within his lot; or

necessary to rectify his contravention of section 37(1),the management corporation may carry out that work.

from the subsidiary proprietor, mortgagee in possession, lessee or occupier referred to in subsection (1) or (2); or

where the work is carried out —

under subsection (1) or (2)(b) or (c), from any person who, after the work is carried out, becomes the subsidiary proprietor of the lot on or in relation to which the work was carried out; or

under subsection (2)(a), from any person who, after the work is carried out, becomes the subsidiary proprietor of the lot in respect of which the by-law referred to in subsection (2)(a) was made.

any part of a building comprised in a lot contains any structural defect which affects or is likely to affect the support or shelter provided by that lot for another lot in that building or the common property; or

any defect occurs in any pipes, wires, cables or ducts referred to in section 63(a)(ii) within a lot,and the defect is not due to any breach of the duty imposed on any person by section 63(a), the management corporation shall carry out such work as is necessary to rectify the defect and may recover the cost of such work from any person who has a duty to remedy the defect as a debt in any court of competent jurisdiction.

pursuant to section 30(1), (2), (4) or (5), any work;

any work required to be carried out by a management corporation —

by a notice served on it by a public authority; or

by an order (including an interim order) of a Board;

any work referred to in section 29(1)(b) or ( d); or

any work necessary to repair or renew any pipes, poles, wires, cables or ducts referred to in section 63(a)(ii),the management corporation may, by its agents, employees or contractors, enter upon any part of the parcel for the purpose of carrying out the work —

in the case of an emergency — at any time; or

in any other case — at any reasonable time on notice being given to any occupier of that part of the parcel.

safety and security measures;

details of any common property of which the use is restricted;

the keeping of pets;

parking;

floor coverings;

garbage disposal;

behaviour;

architectural and landscaping guidelines to be observed by all subsidiary proprietors;

such other matters as are appropriate to the type of strata scheme concerned.

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

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

keep a record of the prescribed by-laws and any by-laws made by the management corporation under this section or section 33 which are in force from time to time;

display a copy of the prescribed by-laws and any other by-laws made by the management corporation under this section or section 33 on a notice board maintained by the management corporation on the common property;

on receipt of an application in writing made by a subsidiary proprietor, or by a person duly authorised to apply on behalf of a subsidiary proprietor for a copy of the by-laws which are in force, supply to such subsidiary proprietor or duly authorised person at a reasonable cost a copy of the by-laws; and

on the application of any person who satisfies the management corporation that he has a proper interest in so applying, make the by-laws available for his inspection.

to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing of a lot; or

to destroy or modify any easement expressly or impliedly created by or under this Act or the Land Titles (Strata) Act (Cap. 158).

for an order to enforce the performance of or restrain the breach of any by-law; or

to recover damages for any loss or injury to person or property arising out of the breach of any by-law from,any person bound to comply therewith, the management corporation or the managing agent.

pursuant to an ordinary resolution, conferring on the subsidiary proprietor of a lot specified in the by-law, or on the subsidiary proprietors of the several lots so specified, for a period not exceeding one year —

the exclusive use and enjoyment of; or

special privileges in respect of,the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by-law;

pursuant to a special resolution, conferring on the subsidiary proprietor of a lot specified in the by-law, or on the subsidiary proprietors of the several lots so specified, for a period which exceeds one year but does not exceed 3 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 3 years —

the exclusive use and enjoyment of; or

special privileges in respect of,the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by-law;

pursuant to a 90% resolution, conferring on the subsidiary proprietor of a lot specified in the by-law, or on the subsidiary proprietors of the several lots so specified, for a period which exceeds 3 years —

the exclusive use and enjoyment of; or

special privileges in respect of,the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by-law; or

amending, adding to or repealing a by-law made in accordance with paragraph (a), (b) or (c), as the case may be.

the management corporation shall continue to be responsible to carry out its duties under section 29(1), at its own expense; or

the subsidiary proprietor or proprietors of the lot or lots concerned shall be responsible for, at the subsidiary proprietor’s or subsidiary proprietors’ expense, the performance of the duties of the management corporation referred to in paragraph (a),and in the case of a by-law that confers rights or privileges on more than one subsidiary proprietor, any money payable by virtue of the by-law by the subsidiary proprietors concerned —

to the management corporation; or

to any person for or towards the maintenance or upkeep of any common property,shall, except to the extent that the by-law otherwise provides, be payable by the subsidiary proprietors concerned proportionately according to the relevant proportions of their respective share values.

need not identify or define the common property the subject of the grant of exclusive use and enjoyment or special privileges provided that the by-law prescribes a method of identifying or defining the common property; and

may authorise the transposition of an identified or defined area of the common property from one subsidiary proprietor of a lot to another subsidiary proprietor of a lot at any time and from time to time on receipt of written notice to the management corporation from both such subsidiary proprietors.

to the extent necessary to carry out the development; or (b)to such other extent as may be specified in the staged development contract between the owner developer and any subsidiary proprietor of any lot comprised in the staged development, which may confer on the owner developer an exclusive (or any lesser) right to occupy the common property or limited common property.

execute on behalf of its subsidiary proprietors a transfer of any part of common property (including a part of any building or any immovable property affixed to the common property) free from any encumbrances (except those created by statute and subsisting easements); or

execute on their behalf a lease of or rent part of such common property for a period which exceeds 3 years,other than common property the subject of any lease accepted or acquired by the management corporation under subsection (3).

pursuant to a special resolution, execute on behalf of its subsidiary proprietors a lease of or rent part of such common property to any person for a period which exceeds one year but does not exceed 3 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 3 years; or

execute on their behalf a lease of or rent part of such common property to any person for a period which does not exceed one year and cannot be extended by exercise of any option of renewal to exceed an aggregate of one year,other than common property the subject of any lease accepted or acquired by the management corporation under subsection (3).

a grant or transfer of any land (not being a lot within the parcel) which abuts the parcel, free from any encumbrances (except those created by statute and subsisting easements);

a grant or transfer of any lot, including the undivided share in the common property appurtenant to that lot, free from any encumbrances (except those created by statute and subsisting easements); or

a lease of land, not being a lot within the parcel, whether or not it abuts on the parcel,for the purpose of creating additional common property.

execute on behalf of its subsidiary proprietors a grant of easement or a restrictive covenant burdening the parcel;

accept on their behalf a grant of easement or a restrictive covenant;

surrender on their behalf a grant of easement or a restrictive covenant burdening the parcel; or

accept on their behalf a surrender of a grant of easement or a restrictive covenant.

transfer a part of the common property;

accept a transfer of any land or part thereof or any lot so that the land or part thereof or lot shall form part of the common property; or

amalgamate the common property of 2 or more management corporations.

the transfer of the part of the common property should be made;

any land or part thereof or lot should form part of the common property; or

the common property of 2 or more management corporations should be amalgamated,make an order directing the management corporation or management corporations to transfer such part of the common property, accept the transfer of the land or part thereof or lot, or execute an instrument of transfer of 2 or more parcels so that such parcels shall become vested as one parcel in all the subsidiary proprietors as tenants-in-common in so far as these parcels affect the common property, as the case may be, and lodge the transfer with the Registrar of Titles.