Land Titles (Strata) Act 1967 · 2020 Revised Edition · Part 5A · Collective Sale of Property
84B. Effect of order of General Division of High Court or Board
Feedback & supportLast amended by an amending law of 2019. 2 amendments in all.
Where the General Division of the High Court or a Board has made an order under section 84A(6), (7) or (11) —
Board
“Board” means a Strata Titles Board constituted under the Building Maintenance and Strata Management Act 2004;
the order binds all the subsidiary proprietors of the lots in the strata title plan, their successors in title and assigns and any mortgagee, chargee or other person with an estate or interest in land;
the subsidiary proprietors of the lots must sell the lots and common property in accordance with the sale and purchase agreement; and
a lease affecting any of the lots in the strata title plan (other than a lease held by a subsidiary proprietor) determines, if there is no earlier agreed date, on the date on which vacant possession is to be given to the purchaser of the lots and common property.
Nothing in subsection (1)(c) prejudices the rights of any lessee of a subsidiary proprietor to compensation from the subsidiary proprietor.
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;
[Deleted by Act 13 of 2010]
The subsidiary proprietors of the lots who have not agreed in writing to the sale under section 84A and any mortgagee, chargee or other person with an estate or interest in those lots must, for the purposes of the sale of the lots and common property, produce the subsidiary strata certificates of title for the lots to the person having conduct of the sale, the representatives appointed under section 84A(2) or to their solicitors.
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.