Singapore legislation

Section 23

of Land Titles (Strata) Act

Section 23

Dispositions of common property

Amended by16/8716/8716/87

(1)

The subsidiary proprietors may, by unanimous resolution passed at a general meeting of the management corporation, direct the management corporation to dispose of or transfer —

(a)

any part of the common property, being a parcel of land or part thereof;

(b)

a part of any building; or

(c)

any immovable property affixed to the common property.

Amended by16/87

(2)

The management corporation, if it is satisfied that the resolution was duly passed, and that all persons (other than the subsidiary proprietors) having registered interests in the parcel have consented in writing to the release of those interests in respect of the registered land comprised in the proposed transfer , and that the relevant authority section 48(1)(r)in writing to the proposed transfer so far as it affects subdivision and amalgamation of the land comprised therein, shall execute the appropriate instrument.

(2A)

The instrument mentioned in subsection (2) shall be valid and effective without execution by any person having an interest in the common property, and the receipt of the management corporation for any moneys payable to the management corporation under the instrument is a sufficient discharge, and shall exonerate the purchaser from seeing to the application or being answerable for any loss or misapplication of the moneys expressed to have been so received.

Amended by16/87

(3)

Every instrument of such transfer lodged for registration shall be endorsed with or accompanied by a certificate in the approved form under the seal of the management corporation that the resolution was duly passed and that all necessary consents were given, and the certificate in favour of the purchaser and the Registrar shall be conclusive evidence of the facts stated therein.

(4)

Upon registration of the transfer by the Registrar the part of the common property transferred shall be free from such subsisting easements created or implied under this Act and the Registrar shall —

(a)

enter a memorial of the transfer on the folio of the land-register comprising the parcel;

(b)

amend the registered strata title plan in such manner as the Registrar may think fit so as to show thereon the part of the common property which has been transferred; and

(c)

issue to the transferee a certificate of title for the land transferred.

Amended by16/87