7. By-laws for regulation of housing estates
Feedback & supportLast amended by an amending law of 1986.
Every housing estate in respect of which an order has been made by the Minister under section 3(1) shall be regulated by the by-laws which are set out in the Second Schedule for the control, management, use and enjoyment of the flats and the common property in every housing estate.
housing estate
“housing estate” means any housing estate built on any of the parcels of land which are more particularly described in the First Schedule;
Without limiting the operation of any other provision of this Act, the by-laws for the time being in force in respect of a housing estate bind the body corporate and the owners and any mortgagee in possession (whether by himself or any other person), or lessee or occupier, of a flat in the housing estate to the same extent as if the by-laws had been signed and sealed by the body corporate and each owner and each such mortgagee, lessee and occupier respectively and as if they contained mutual covenants to observe and perform all the provisions of the by-laws.
body corporate
“body corporate” means a body corporate constituted under an order made by the Minister pursuant to section 3;
A lease of a flat in a housing estate shall be deemed to contain an agreement by the lessee that he will comply with the by-laws for the time being in force.
flat
“flat” means a unit in any of the housing estates built on any of the parcels of land which are more particularly described in the First Schedule being a unit which is used as a separate dwelling or for commercial purposes;
The body corporate or an owner of a flat in the housing estate concerned shall be entitled to apply to the court —
owner
“owner”, in relation to a flat, means the owner for the time being of that flat having a leasehold estate in the flat created by a lease registered under the Land Titles Act and having an unexpired term of not less than 21 years computed from the date of lodgment of the lease with the Registrar (whether such lease has been created before, on or after the commencement of this Act);
for an order to enforce the performance of or restrain the breach of any by-law by; 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 or the body corporate, as the case may be, and the court may make such order against any such person, the body corporate or the members of the committee, as the court thinks fit.
Any person who commits a breach of any of the by-laws set out in the Second Schedule or makes default in complying with any of the said by-laws, and every member who is knowingly a party to the breach or default, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.