Singapore legislation

Regulation 7

of Building Maintenance (Strata Management) Regulations 2005

Regulation 7

Application for order to do restricted activity

Amended byS 784/2018 wef 01/02/2019

Subregulation 1

Amended byS 784/2018 wef 01/02/2019

An application to the Commissioner for an order under section 51 of the Act authorising the doing of any restricted activity during the initial period of a management corporation or subsidiary management corporation shall —

(a)

be in Form 1 in the First Schedule;

(b)

be made by or on behalf of the management corporation or subsidiary management corporation, as the case may be; (c)be accompanied by an application fee of $1,000; and

(d)

be accompanied by a resolution passed at a general meeting held not earlier than one month before the application, authorising the carrying out by the management corporation or subsidiary management corporation, as the case may be, of the restricted activity, subject to the Commissioner’s order.

Subregulation 2

For the purposes of section 51(2) of the Act, the notice of an application to the Commissioner for an order under section 51 of the Act shall be in Form 2 in the First Schedule and shall be served by the management corporation or subsidiary management corporation concerned, at its own cost, within the time specified in paragraph (3) and as follows:

(a)

by pre-paid registered post —

(i)

where the addressee is a subsidiary proprietor of a lot in the strata title plan, to the address as shown on the strata roll;

(ii)

where the addressee is a registered mortgagee of a lot comprised in the strata title plan, to the address on the strata roll or last recorded address at the Registry of Titles; or

(iii)

where the addressee is such other person as the Commissioner may direct, to the addressee’s last known place of residence or business; and

(b)

by affixing a copy of the application to every notice board in the common property or limited common property, as the case may be, comprised in the strata title plan.

Subregulation 3

The notice of an application shall be served —

(a)

where the addressee is a person referred to in paragraph (2)(a)(i) or (ii), within 7 days after the making of the application; or

(b)

where the addressee is a person referred to in paragraph (2)(a)(iii), within 7 days after the Commissioner has directed that the addressee be served.

Subregulation 4

After notice of an application is served in accordance with paragraphs (2) and (3), the management corporation or subsidiary management corporation concerned, as the case may be, shall file with the Commissioner a statutory declaration made by its representatives appointed under paragraph (6) stating the date on which the notice of the application was served.

Subregulation 5

Any person on whom the notice of an application is served in accordance with paragraphs (2) and (3) may file an objection with the Commissioner and on the management corporation or subsidiary management corporation making the application, stating the grounds for the objection within 21 days of the date of the notice served or such further period as the Commissioner may allow.

Subregulation 6

The management corporation or subsidiary management corporation, as the case may be, shall appoint from among its officers or members of its council or executive committee, as the case may be, not more than 3 persons to act jointly as its authorised representatives in connection with any application for an order under section 51 of the Act.