Land Titles (Strata) Act 1967 · 2020 Revised Edition · Part 3 · Rights and Obligations of Subsidiary Proprietor
26. Amalgamation of whole of common property comprised in 2 or more parcels
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This section applies where 2 or more management corporations have, in accordance with section 34(5) of the Building (Strata Management) Act 2004, passed their respective special resolutions to amalgamate their respective common properties; and the relevant management corporation must execute an instrument of transfer.
management corporation
“management corporation” means a management corporation constituted under this Act;
Upon registration of the instrument of transfer, such common property is amalgamated and held in the shares proportionate to their respective share values subject to the same covenants, conditions and encumbrances, and for the same term and tenure then held by the subsidiary proprietors in respect of their respective lots prior to the date of the registration of the transfer by the Registrar.
common property
“common property”, subject to subsection (2), means —(a)in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —(i)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; (b)in relation to any other land and building, such part of the land and building —(i)not comprised in any non-strata lot; and(ii)used or capable of being used or enjoyed by occupiers of 2 or more non-strata lots within that land or building; or (c)in relation to any land and building mentioned in paragraph (a) or (b), any of the following whether or not comprised in a lot, proposed lot or non‑strata lot:(i)the pipes, wires, cables or ducts which are used, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots (as the case may be) within that land or building, or are used or capable of being used for the servicing or enjoyment of the common property;(ii)the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts mentioned in sub‑paragraph (i);(iii)any structural element of the building;(iv)the waterproof membrane attached to an external wall or a roof; Examples (a)A foundation, load‑bearing wall, column or beam, a shear core, strut, ground anchor, slab (not including any layer that is the underlayment or the flooring finishing), truss and common staircase. (b)An external wall, or a roof or façade of a building which is used or enjoyed, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots. (c)A garden, sporting or recreational facility, car park or parking area for other vehicles, none of which are comprised in a lot, proposed lot or non‑strata lot. (d)A central air‑conditioning system and its appurtenances, and a fire sprinkler protection system and its appurtenances. (e)Any chute, pipe, wire, cable, duct or facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating or cooling systems, or any other similar services.
Such transfer must show the undivided proportionate shares to be held by each subsidiary proprietor named therein and must be executed by the relevant transferor management corporations.
subsidiary proprietor
“subsidiary proprietor” means —(a)the registered subsidiary proprietor for the time being of the entire estate in a lot including an estate for life, an estate in remainder or an estate in reversion; and(b)in relation to a lot where a lease has been granted, the registered subsidiary proprietor for the time being of a leasehold interest in a lot described in an instrument of lease whose unexpired term is not less than 21 years as from the date of lodgment of the instrument of lease for registration with the Registrar including such a lease registered prior to 1 December 1987;
The procedure laid down in section 23(2), (2A), (3) and (4) applies, with the necessary modifications, to the transferor management corporations and the subsidiary proprietors of the parcels to be amalgamated under this section.
Upon the amalgamation of the common property pursuant to the registration of the transfer by the Registrar —
Registrar
“Registrar” means the Registrar of Titles appointed under the Land Titles Act 1993;
the transferor management corporations are amalgamated into a single management corporation (called in this section the transferee management corporation) which is to be responsible for all matters relating to the management of the subdivided buildings and the common property relating thereto;
all the members of the transferor management corporations are the members of the transferee management corporation;
all the members of the management councils of the transferor management corporations are, until a new management council is elected for the transferee management corporation, deemed to be the members of the management council of the transferee management corporation;
all the properties of the transferor management corporations are deemed to be transferred to and vested in, and all the liabilities of the transferor management corporations are transferred to and become the liabilities of, the transferee management corporation; and
all legal proceedings pending by or against the transferor management corporations may be continued by or against the transferee management corporation.
In this section —
“liabilities” includes duties;
“properties” includes rights and powers of every description.