Building Maintenance and Strata Management (Strata Titles Boards) Regulations 2005

Every application made to a Board and every document filed or furnished to the registrar or a Board under these Regulations shall be in such form as the president may from time to time approve.

The president may modify the form used in any particular case.

Every application made to a Board shall —

Where an application under Division 2 of Part VI of the Act is made, the registrar shall cause a written notice to be served on —

The written notice referred to in paragraph (1) may —

The registrar shall refer every application to the president who shall immediately constitute a Board for the purposes of determining by mediation-arbitration the dispute or matter to which the application relates.

The registrar shall notify every party to the dispute or matter of the constitution of the Board.

Any party to the dispute or matter who objects to any of the members of the Board for any reasonable cause shall, within 7 days of the date of the notification by the registrar under paragraph (2), file his objection with the registrar.

An objection filed with the registrar under paragraph (3) shall state the grounds of the objection.

The president may require the party who filed an objection under paragraph (3) to furnish to him, through the registrar, within such time as he may determine, such further information in relation to the objection as he considers necessary.

The registrar shall inform every party to the dispute or matter —

Where no objection is filed with the registrar within 7 days of the date of the notification by the registrar under paragraph (2), the registrar shall inform every party to the dispute or matter accordingly.

Where 2 or more applications relating to the same dispute or matter are pending before a Board, a party to any of the applications may apply to the Board for some or all of the applications to be considered together by the Board.

Before making a direction for any application to be considered together, the Board shall give every party concerned an opportunity to be heard.

The Board may, on its own motion, direct that 2 or more applications relating to the same dispute or matter be considered together.

The registrar may require any party to any dispute or matter to attend before him, on such date and at such place as the registrar may determine, for the purpose of giving any direction with a view to —

The registrar shall notify every party required to attend before him at least 7 days before the attendance.

At the attendance before the registrar for directions, the registrar may, if he thinks fit —

The registrar shall give every party to a dispute or matter before a Board a notice of mediation at least 7 days before the date of the first mediation session.

When mediating in any dispute or matter before a Board, the Board may —

Where the registrar has determined a time and place for the mediation by a Board at an attendance before the registrar, it shall not be necessary for the registrar to give a notice of mediation to any party to the dispute or matter present in person or by his representative at the attendance.

Where —

A Board shall issue a stop order in respect of an application made under section 84A(1), 84D(2), 84E(3) or 84FA(2) of the Land Titles (Strata) Act (Cap. 158) to the Board if, at the end of a period of 7 days after the notice of its intention to issue a stop order is so served under paragraph (1), one or more of the objections so filed under section 84A(4), 84D(3), 84E(5) or 84FA(4) of that Act, as the case may be, in relation to that application are not withdrawn.

If, at the end of a period of 7 days after the notice of a Board’s intention to issue a stop order is so served under paragraph (1), all of the objections so filed under section 84A(4), 84D(3), 84E(5) or 84FA(4) of the Land Titles (Strata) Act, as the case may be, in relation to the application to the Board made under section 84A(1), 84D(2), 84E(3) or 84FA(2) of that Act, as the case may be, are withdrawn, regulation 10 shall apply and where applicable, the Board shall hear the applicants and, subject to section 84A(9), 84D(7), 84E(9) or 84FA(9) of that Act, render a decision and make an order under section 84A(6), 84D(4), 84E(6) or 84FA(5) of that Act, as the case may be, with respect to that application.

In this regulation, “stop order” shall mean a section 84A stop order, a section 84D stop order, a section 84E stop order or a section 84FA stop order referred to in section 84A, 84D, 84E or 84FA, as the case may be, of the Land Titles (Strata) Act.

When a dispute or matter is resolved by a Board through mediation, the parties to the dispute or matter shall sign the terms of the settlement agreement.

Before the parties sign any terms of a settlement agreement, the Board must explain to the parties that those terms shall be final and binding and enforceable by the parties.

An interlocutory application may be made to the registrar for —

In the case of an interlocutory application under paragraph (1)(a), the applicant shall file with the registrar a statement of amendments together with his interlocutory application.

Except as provided in paragraph (6), the applicant who files a statement of amendments under paragraph (2) shall, within 3 days after the filing, cause a copy of the statement to be served on every other party to the dispute or matter.

An interlocutory application under paragraph (1)(a) shall not be made without the permission of the Board after such date as the Board may determine under regulation 13(4)(d).

In the case of an interlocutory application under paragraph (1)(b) or (c), the applicant shall —

An interlocutory application to the registrar that is accompanied by the written consent of every party affected by the interlocutory application need not be served on such party.

A party who desires to object to an interlocutory application may, within 7 days of being served with a copy of the interlocutory application, serve a written notice of objection to the interlocutory application on the registrar and the applicant.

The registrar shall consider the written notice of objection to the interlocutory application and may, if he thinks fit, give the applicant and the party objecting an opportunity to be heard.

An order made by the registrar pursuant to an interlocutory application shall be served on every applicant and respondent, whether or not affected by the order.

A Board may require any party to any dispute or matter to attend before the Board, on such date and at such place as the Board may determine, for the purpose of giving any direction with a view to the just and expeditious disposal of the arbitration proceedings before the Board.

Except as provided in paragraph (3), the registrar shall notify every party required to attend before the Board at least 7 days before the attendance.

Where the Board has determined a time and place for the direction hearing of any dispute or matter at an attendance before the Board, it shall not be necessary for the registrar to give a notice of hearing to any party present in person or by his representative at the attendance.

At the attendance before the Board for directions, the Board may, after giving every party present an opportunity to be heard, make all or any of the following directions:

Except as provided in paragraph (2), the registrar or a Board, as the case may be, shall give every party to the dispute or matter a notice of arbitration hearing at least 7 days before the arbitration hearing.

Where the registrar or a Board has determined a time and place for the arbitration hearing of any dispute or matter at an attendance before the registrar or the Board, as the case may be, it shall not be necessary for the registrar or the Board to give a notice of arbitration hearing to any party present in person or by his representative at the attendance.

Without prejudice to section 94 of the Act, a Board may allow the following persons to appear in any mediation session, direction hearing or arbitration hearing before the Board:

Nothing in paragraph (1) shall prevent the Board from allowing any other person whom the Board considers necessary to appear in any proceedings before the Board.

A Board shall not be bound to apply the rules of evidence applicable to civil proceedings in any court but may inform itself on any matter in such manner as it thinks fit.

Before making an order in respect of any dispute or matter, the Board may make an on-site inspection of the premises which form the subject-matter of the dispute or matter.

Notwithstanding paragraphs (1) and (2), the conduct of any party to any dispute or matter before a Board, or any confidential information that any such party had earlier disclosed to the Board during mediation thereof, shall not affect the Board’s decision as an arbitrator in the dispute or matter.

An applicant may withdraw his application at any time before a Board brings about an agreement by mediation or has made an order.

An applicant who desires to withdraw his application shall notify in writing the registrar and every other party to the dispute or matter to which the application relates.

The Board may order the applicant to pay the costs incurred by —

The registrar shall cause every order made by a Board, and the date the order was made, to be recorded in a document signed by the president or deputy president presiding.

An order made by a Board shall state the reasons for the order.

The registrar shall cause a copy of an order made by a Board and certified by him to be served on —

A management corporation or subsidiary management corporation shall, within 72 hours of the receipt of an order served on it, cause a copy of the order to be prominently displayed on a notice board maintained by the management corporation on the common property or by the subsidiary management corporation on the limited common property.

A Board may make an order directing that service of a notice or other document that is required under these Regulations to be served be —

Proof of the service of any notice or other document may be given by way of an affidavit.

A Board may waive all or any of the requirements applicable to any person in these Regulations if the Board considers that there are exceptional circumstances justifying such waiver.

A Board may extend the time required for the doing of any act under these Regulations.

Paragraph (2) shall not authorise a Board to extend the period referred to in regulation 9B(2) and (3) for the withdrawal of objections after the notice of the Board’s intention to issue a stop order is so served under regulation 9B(2).