REGISTRATION (STRATA TITLES) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Subdivision into strata lots

      Establishment of Commission of Strata Corporations

   3B   Functions of Commission

   3C   Power of Minister to give directions

   3D   Funds and resources of the Commission

   3E   Accounts and audits

   3F   Annual report

   4   The corporation

      Application of fees by Commission

   4B   Register of Strata Corporations

   4C   Audit of corporation by Commission

   5   Duties and powers of the corporation

      Failure to pay contribution

   5B   Unpaid contributions shall be charge on strata lot

   5C   Procedure to be satisfied prior to exercise of power of sale

   5D   Prior valuation and advertisement of strata lot to be sold

   5E   Application of proceeds of sale

   5F   Service of documents

   5G   Application for order for possession

   5H   Proceeds of rental to be kept in interest bearing account

   5I   Determination regarding administration of strata lot

   6   Service of documents on the corporation

   7   Requirements of a strata plan

   8   Easements

   9   By-laws

      No action lies against a proprietor for bona fide acts

   10   Ownership of common property

   11   Disposition of common property

   12   Creation of easements and covenants

   13   Administration

   14   Destruction of the building

   15   Voting rights

      Establishment of Strata Appeals Tribunal

   16   Regulations

   17   Rules of Court

   18   Offences

      Minister may amend penalties, Schedule, etc by order

   19   Liability for taxes

   20   Review of Act by Parliamentary Committee

      SCHEDULES

 

THE REGISTRATION (STRATA TITLES) ACT

[Date of Commencement: 22nd August, 1969.]

Acts
42 of 1968,
13 of 1986,
17 of 2009.

1   Short title

   This Act may be cited as the Registration (Strata Titles) Act.

2   Interpretation

   In this Act-

   "agent" means a person appointed in accordance with paragraph 1(g) of the First Schedule;

[17/2009 s 2.]

   "building" means the building or buildings shown in a strata plan;

   "Commission" means the Commission of Strata Corporations established by section 3A;

[17/2009 s 2.]

   "common property" means, in relation to any strata plan, so much of the land to which such plan relates as is for the time being not included in any strata lot contained in such plan;

   "the corporation" means, in relation to any registered strata plan, the body incorporated by section 4;

   "the Court" means the Supreme Court;

   "developer" means a person who carries on, whether in whole or in part, the business of development of land;

[17/2009 s 2.]

   "executive committee" means executive committee of the corporation constituted under the First Schedule;

   "functions" includes powers and duties;

[17/2009 s 2.]

   "parcel" means land subdivided in accordance with a strata plan registered pursuant to section 3;

   "proprietor" means the proprietor for the time being of a strata lot;

   "Register" means the Register of Strata Corporations kept pursuant to section 4B;

[17/2009 s 2.]

   "strata lot" means a portion of the land comprised in a strata plan, and shown in that plan as a strata lot;

   "strata plan" means the plan referred to in section 7;

   "Tribunal" means the Strata Appeals Tribunal established by section 15A;

[17/2009 s 2.]

   "unanimous resolution" means a resolution unanimously passed at a duly convened meeting of the corporation at which all persons entitled to exercise the power of voting conferred by or under this Act are present personally or by proxy at the time of the motion;

   "unit entitlement" means, in relation to any strata lot, the number specified in accordance with paragraph (h) of subsection (1) of section 7.

3   Subdivision into strata lots

   (1) Land under the operation of the Registration of Titles Act may be subdivided into strata lots in accordance with a strata plan registered by the Registrar of Titles in the manner provided by or under this Act.

   (2) When a strata plan has been so registered any strata lot included therein may devolve or be transferred, leased, mortgaged or otherwise dealt with in the same manner and form as land under the operation of the Registration of Titles Act.

   (3) A strata plan shall, for the purposes of the Registration of Titles Act, be deemed upon registration to be embodied in the Register Book kept under that Act; and notwithstanding the provisions of that Act the proprietor of each strata lot shall hold such strata lot and his share in the common property subject to

   (a)    any interests affecting such strata lot or such share; and

   (b)    any amendments to strata lots or common property,

notified, or shown, as the case may require, on the registered strata plan.

   (4) Notwithstanding the provision in subsection (1) that only land under the operation of the Registration of Titles Act may be subdivided into strata lots, a strata plan may be lodged for registration, and acts preparatory to the registration thereof may be done in relation thereto, before the land comprised therein is brought under the operation of the Registration of Titles Act.

   (5) The provisions of any enactment, other than this Act, relating to the subdivision of land for sale or for the purpose of building thereon shall to such extent as may be prescribed by regulations under this Act not apply to land comprised in a strata plan.

3A   Establishment of Commission of Strata Corporations

   (1) There is hereby established for the purposes of this Act, a body to be known as the Commission of Strata Corporations which shall be a body corporate for the purposes of section 28 of the Interpretation Act.

   (2) The provisions of the Third Schedule shall have effect as to the constitution of the Commission.

[17/2009 s 3.]

3B   Functions of Commission

   (1) The functions of the Commission shall be to-

   (a)   monitor, regulate and supervise corporations incorporated by section 4;

   (b)   keep or cause to be kept a register of such corporations to be known as "The Register of Strata Corporations";

   (c)   facilitate the resolution of disputes, in particular, those between a corporation and a proprietor arising from any matter to which this Act relates;

   (d)   consider complaints from proprietors that the amount of contribution levied under section 5(2)(b), is unreasonable or, inequitable;

   (e)   enforce the by-laws; and

   (f)   perform such other functions as may be conferred upon it by or under this Act, or as the Minister may by order prescribe.

   (2) In exercise of its functions, the Commission may-

   (a)   order, by notice in writing to an executive committee or a proprietor or both-

         (i)   the demolition of any extension to the external wall of any strata lot or the removal from the relevant parcel of any structures, vehicles or other things, where the extension or the presence of the structure, vehicle or other thing is contrary to the by-laws;

         (ii)   where it considers appropriate, that the interest payable by a proprietor in respect of the late payment of contribution be varied to the amount stated in the notice;

         (iii)   the removal of animals from any strata lot or common property;

         (iv)   that contributions be varied where they appear to the Commission to be excessive or inadequate;

         (v)   that the manner of making any payment be varied where it appears to the Commission to be unreasonable;

   (b)   order, by notice in writing to a corporation-

         (i)   that a resolution passed by the corporation shall be of no effect where the voting rights of a proprietor have been compromised;

         (ii)   the holding of an annual general meeting for the election of an executive committee, within the period stated therein and the notification to the Commission, within fourteen days of the annual general meeting, of the names of the members of that executive committee; and

   (c)   make such enquiries and collect such information as it may consider necessary or desirable for the purpose of monitoring, regulating and supervising the functions of corporations;

   (d)   do anything and enter into any transaction which in the opinion of the Commission is necessary for or incidental to ensure the proper performance of its functions.

   (3) Where a proprietor fails to comply with an order under subsection (2)(a)(i), the corporation may-

   (a)   demolish the unauthorised extension;

   (b)   restore the strata lot or common property, as the case may be, to its original state, and

   (c)   recover the expenses incurred by the corporation in such demolition or restoration,

and any such expenses which remain unpaid shall, in addition to any other remedy, be a first charge on the strata lot concerned.

   (4) Where the corporation fails to comply with an order under subsection (2)(b)(ii), the Commission shall convene the annual general meeting for the purpose of the election of the executive committee and any decisions thereof shall be binding on the corporation and be effective as if made at a meeting called by the corporation.

   (5) The corporation, a proprietor or any other person aggrieved by a decision of the Commission may appeal against the decision, so, however, that, the decision of the Commission shall, subject to subsection (7), be binding on the corporation, proprietor or any other person aggrieved, as the case may be, until the appeal is determined.

   (6) An appeal pursuant to this section shall be made no later than thirty days from the date of the decision of the Commission.

   (7) Subject to subsection (8), the implementation of a decision that is the subject of an appeal shall be suspended until the time for appeal has expired or the appeal has been disposed of.

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