Section 23
Dispositions of common property
of Land Titles (Strata) Act 1967
(1)
This section applies where a management corporation has, in accordance with section 34(1) of the Building Maintenance and Strata Management Act 2004, passed a 90% resolution as defined under that Act —
to execute on the behalf of its subsidiary proprietors a transfer of any part of the common property (including a part of any building or any immovable property affixed to common property); or
to execute on their behalf a lease of or rent part of such common property.
(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 or lease, and that the relevant authority has consented in writing to the proposed transfer or lease so far as it affects subdivision and amalgamation of the land comprised therein, must execute the appropriate instrument.
(2A)
The instrument mentioned in subsection (2) is 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 exonerates the purchaser from seeing to the application or being answerable for any loss or misapplication of the moneys expressed to have been so received.
(3)
Every instrument of such transfer or lease lodged for registration must 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 is conclusive evidence of the facts stated therein.
(4)
Upon registration of the transfer by the Registrar, the part of the common property transferred is free from any encumbrances (except those created by statute and subsisting easements not created or implied under this Act) and the Registrar must —
enter a memorial of the transfer on the folio of the land‑register comprising the parcel;
amend the relevant folios of the land-register and subsidiary strata land-register 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
issue to the transferee a certificate of title for the land transferred.