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LAWS OF BRUNEI
CHAPTER 189
LAND CODE (STRATA)
S 29/99
REVISED EDITION 2000
(30th December 2000)
ARRANGEMENT OF SECTIONS
Section
PART I
PRELIMINARY
1. Citation.
2. Interpretation.
3. Application of Act.
4. Application of Land Code.
5. Application of Town and Country Planning (Development Control)Act.
6. Subdivision of land.
7. Amendments to other Acts.
PART II
SUBDIVISION INTO STRATUM ESTATES
8. Principal units and common property.
9. Effect of certification of strata plan.
10. Transfer of stratum estate.
11. Consequences of certification of strata plan.
12. Lots comprising strata plan.
PART III
PREPARATION AND APPROVAL OF STRATA PLANS
13. Requirements for strata plans, units and common property.
14. Application for certification of strata plan.
15. Building encroachments.
16. Effect of certificate of approval.
17. Unit entitlement.
18. Specified matters relating to unit entitlement.
19. Certification of strata plan by the Commissioner.
20. Effect of certification on easement.
21. Issue of strata titles.
22. Common property.
23. Dealing with accessory unit.
24. Rights attaching to units and common property.
25. Supplementary record sheet.
26. Reference to new strata plan.
PART IV
STRATA CORPORATION
27. Creation of strata corporation.
28. Strata corporation to be body corporate.
29. Proceedings against proprietors and strata corporations.
30. Powers and duties of strata corporation.
31. Funding, service charges and insurance.
32. General powers of strata corporation.
33. Voting at meetings.
34. Court’s powers in relation to voting.
35. Court’s powers where unanimous resolution required.
36. Relief for minorities.
PART V
SERVICE CHARGES
37. Recovery of service charges.
38. Cost recovery for work by strata corporation.
39. Acts of omissions of proprietors.
40. Interest on money owed to strata corporation.
41. Limitations upon recovery.
42. Certificates from strata corporation.
PART VI
INSURANCE
43. Definitions.
44. Principal insurance policy.
45. Separate insurance on units.
PART VII
RULES OF STRATA CORPORATION
46. Regulation by Rules.
47. Rules in the Second Schedule and Third Schedule.
48. Obligations of strata corporation.
49. Rules to be binding and enforceable.
PART VIII
VARIATION PLANS
50. When variation plan required.
51. Application for certification.
52. Reassessment of unit entitlements.
53. Restrictions on approval.
PART IX
CANCELLATION OF STRATA PLAN AND SCHEMES FOLLOWING DESTRUCTION
54. Commissioner may cancel plan.
55. How plan cancellation is effected.
56. Consequences of cancellation.
57. Application to Court for cancellation.
58. Court may give directions.
59. Cancellation by Commissioner.
60. Settlement of scheme following damage or destruction.
61. Court can hear applications together.
PART X
EXPIRY OF STRATA PLAN
62. Lapse of strata plan.
63. Memorial of expiry.
64. Effect of expiry.
PART Xl
MISCELLANEOUS
65. Letterboxes and address for service.
66. Application to cancel plan.
67. Power of entry.
68. Register of proprietors.
69. Appointment of administrator.
70. Regulations.
FIRST SCHEDULE — FORMS
SECOND SCHEDULE — RULES THAT MAY BE AMENDED BY UNANIMOUSRESOLUTION
THIRD SCHEDULE — RULES THAT MAY BE AMENDED BY RESOLUTION OF STRATA CORPORATION
_______________________
LAND CODE (STRATA)
An Act to make provision for the creation of strata titles
Commencement:
PART I
PRELIMINARY
Citation.
1. This Act may be cited as the Land Code (Strata) Act.
Interpretation.
2. In this Act, unless the context otherwise requires —
“accessory unit” means a unit, whether or not part of a building,that is designed for use with any principal unit, whether as a garden,garage, car parking space, storage space, swimming pool, laundry,stairway, passage or any other such purpose, and that is shown on a strata planas an accessory unit;
“administrator” means an administrator appointed by the Courtunder section 69;
“building” means any completed building which complies withapprovals granted by the relevant authority;
“charge” includes a mortgage;
“Commissioner” means the Commissioner of Land, being theofficer appointed as the head of the Land Department and includes anyperson for the time being lawfully exercising his powers;
“building” means any completed building which complies withapprovals granted by the relevant authority;
“Committee”, in relation to any strata corporation, means —
(a) its committee constituted under its Rules; or
(b) in the case of a strata corporation, where there are less thanfour proprietors, the proprietor or proprietors who comprise the stratacorporation,
“common property” means common property within the meaning ofparagraph (c) of subsection (1) of section 8;
“Court” means the High Court of Brunei Darussalam;
“land” includes land of any tenure, any building or partsthereof, the air space above the surface, the surface of the land and such of the subsoil as is occupied by any buildings and related structures, butexcludes the right to all minerals and mineral products including oil andgas;
“Land Office” means the Land Departments;
“lot” means the whole of a separate area of land having agovernment survey lot number and registered with the Land Office;
“Minister” means the Minister of Development;
“original proprietor” means in relation to land being subdividedunder this Act, the person who is immediately before the certification ofa strata plan by the Commissioner, the proprietor of a lot and includes anysuccessor in title, whether by operation of law or otherwise, of the originalproprietor;
“principal unit” means a unit that is designed for separate useor occupation, whether in conjunction with any accessory unit or not, as aplace of residence or business or otherwise and that is shown on strata plan asa principal unit;
“proprietor”, in relation to any unit, means the person for the time being registered as proprietor of the stratum estate in the unit,provided that in sections 37, 38 and 49, where a person is in actual occupationof a unit under a binding agreement for sale and purchase, unless the context otherwise requires, the term
“proprietor” means that person;
“recognised valuer” means an appropriately qualified valuerrecognised by the Commissioner;
“Register” means the Register of land established in accordancewith section 7 of the Land Code (Chapter 40);
“registered land” means land which has been brought under theprovisions of the Land Code (Chapter 40) by being included in a folio of the Register and held by the registered proprietor in perpetuity or for a limitedterm of years;
“relevant authority” means any one or more Government orstatutory authorities empowered to approve plans for development orsubdivision of any land or plans relating to the construction of any building or to serve any notice or order requiring any repair work or act to be carriedout under the Town and Country Planning (Development Control) Act (Chapter 143),Municipal Boards Act (Chapter 57) or under any other written law;
“Rules”, in relation to any strata corporation, means the rules applicable to that strata corporation prescribed by or under sections46 and 47;
“strata corporation”, in relation to the units and commonproperty shown on a strata plan means the strata corporation which iscreated under this Act on the certification of a strata plan by theCommissioner;
“strata plan” means a plan that has been or is intendedto be certified under section 9;
“stratum estate” means a stratum estate within the meaning of subsection (2) of section 9;
“subsidiary strata title” means a subsidiary strata title issuedby the Commissioner under subsection (1) of section 21 in respect of a principalunit and where applicable, one or more accessory units on a strata plan;
“supplementary record sheet”, in relation to any strata plan and strata corporation, means the supplementary record sheet set up and filed in the Land Office under section 25 in relation to that strata plan and strata corporation;
“Surveyor General” means the officer appointed as the head of theSurvey Department and includes any person for the time being lawfullyexercising his powers;
“to register” means to register under the Land Code (Chapter 40)or this Act by entry in the appropriate register kept by the Land Office;
“unanimous resolution”, in relation to a stratacorporation, means —
(a) a resolution which is passed unanimously at a generalmeeting of the strata corporation at which every proprietor is present andvotes either in person or by proxy;
(b) a resolution which is passed unanimously at a general meeting of the strata corporation by every proprietor who is present, and voteseither in person or by proxy and agreed to within 28 days after the date of themeeting, by every other proprietor who was entitled to be present and vote atthe meeting or by his successor in title if he has ceased to be a proprietorafter the meeting; or
(c) where there is only one proprietor, a decision of thatproprietor.
“unit”, in relation to any land, means a part of the landconsisting of a space of any shape situated on or above the surface of the land,or below the surface of the land to the extent that any buildings orrelated structures occupy the subsoil, or partly in one such situation andpartly in another or others, all the dimensions of which are limited, and thatis designed for separate ownership;
“unit entitlement”, in relation to any unit, means the unit entitlement assigned to that unit under subsection (1) of section 13, section 51, 52 or 60;
Application of Act.
3. This Act applies only to registered land.
Application of Land Code.
4. The Land Code (Chapter 40) and the regulations made under that Actinsofar as they are not inconsistent with the provisions of this Act or of anyregulations made under this Act, shall apply in all respects to land registeredin any folio of the subsidiary strata land register, except that nothing in section 7, 8, subsection (4) or (5) of section 9, section 15 or 21 of theLand Code, will apply to such land.
Application of Town and Country Planning (Development Control)Act.
5. The provisions relating to the subdivision and consolidation of land contained in the Town and Country Planning (Development Control) Act (Chapter 143) and any regulations made thereunder shall apply with all necessary modifications to the subdivision or amalgamation of any building under this Act.
Subdivision of land.
6. Subject to section 5, a subdivision of land under this Act shallbe deemed to be a subdivision of land for the purposes of the Town and CountryPlanning (Development Control) Act (Chapter 143) and all regulations made underthat Act.
Amendments to other Acts.
7. The provisions relating to the acquisition of land containedin the Land Acquisition Act (Chapter 41) shall apply with all necessarymodifications to the acquisition of any land or building or part of anybuilding shown on a strata plan certified under this Act.
PART II
SUBDIVISION INTO STRATUM ESTATES
Principal units and common property.
8. (1) Subject to the provisions of this Act, every original proprietor of land may subdivide that land in accordance with the provisions of this Act into —
(a) 2 or more principal units;
(b) such number of accessory units, if any, as the registeredproprietor may wish; and
(c) common property, being so much of the land as is notcomprised in any unit.
(2) Notwithstanding anything in subsection (1), no land may besubdivided under this Act if the land is held by the original proprietor for aterm of less than 20 years as at the date of certification of the strata plan bythe Commissioner.
Effect of certification of strata plan.
9. (1) The subdivision of land so as to provide for unitsshall be effective upon certification of a strata plan by the Commissioner.
(2) The certification by the Commissioner of a strata plan shall have theeffect of creating in each unit a stratum estate, which shall comprise—
(a) an estate in the unit determinable or subject to lapse inaccordance with any of the provisions of sections 54, 59, 60 and 62; and
(b) the undivided share in common property to which theproprietor of the unit is entitled by virtue of section 22.
(3) Every stratum estate in a unit shall be for such term of years as shallbe approved by the Commissioner but that period shall not exceed —
(i) a term of 60 years from the date of certification of the strata plan bythe Commissioner; or
(ii) subject to subsection (2) of section 8, the remainder of the term of years for which the lot is held by the original proprietor, whichever is the lesser.
Transfer stratum estate.
10. (1) Subject to the provisions of this Act, upon the creation of a stratum estate in a unit, that estate may devolve or be transferred, leased, charged or settled in accordance with the Land Code (Chapter 40) and any transfer, lease, charge or settlement shall have the same effect as if the stratum estate were an estate under the Land Code for a term of years but none of the component parts of a stratum estate shall, except as provided in section 22, be capable of devolving or being dealt with independently of the others.
(2) Notwithstanding anything in subsection (1), any proprietor of a unitmay grant an easement over the unit in favour of any other unit or any otherregistered land.
(3) No easement granted under subsection (2) shall be granted for a period in excess of the term of years of the stratum estate in the unitconcerned.
(4) No easement granted under subsection (2) shall bind the chargee of aunit unless —
(a) the easement was granted prior to the creation of therelevant charge; or
(b) that chargee has consented in writing to the easement.
(5) When a unit is being transferred, leased, charged, settled orotherwise dealt with pursuant to subsection (1), it shall be described in theinstrument evidencing the transaction as “Unit No. .......... onStrata Plan No...........”.
Consequences of certification of strata plan.
11. (1) After certification of a strata plan by the Commissioner anduntil its cancellation or expiry by lapse of time, the following provisions shall apply —
(a) the original proprietor shall have no right of occupation orother possessory right to the lot or any building on the lot except to theextent that the original proprietor is or remains the proprietor of a stratumestate in one or more of the principal units;
(b) the original proprietor shall not be entitled to exercise in relation to the land any right or power inconsistent with the existence of the stratum estates in the lot or which may derogate from rights of the stratum proprietors;
(c) the original proprietor shall not be liable for any annualrental payable under the Land Code (Chapter 40) in respect of the lot;
(d) no proprietor in a unit shall surrender or agree to surrenderthe stratum estate in that unit to the original proprietor;
(e) where one or more proprietors of a unit or units purchase oracquire, whether by operation of law or otherwise, the originalproprietor’s reversionary interest in the lot, that estate shall not mergewith the stratum estate in that unit or units;
(f) where the original proprietor purchases or acquires thestratum estate in any unit, whether by operation of law or otherwise, thatestate shall not merge with the original proprietor’s reversionaryinterest in the lot;
(g) the proprietors of each subsidiary strata title shall pay suchrental to the Government as shall be determined in accordance with subsection(4) of section 14.
(2) Subject to subsection (1), the certification by the Commissioner of astrata plan or any plan dealing with a unit shown on a strata plan, shall not—
(a) prevent the original proprietor from dealing with thereversionary estate in the lot including the transfer or charging of thelot;
(b) be or deemed to be a severance of the originalproprietor’s entitlement in the lot;
(c) prevent an easement being granted in favour of the lotforming the reversionary estate of the original proprietor and any such easementwhen created shall be deemed to be for the benefit of each of the units on thestrata plan and the common property.
(3) Subsections (1) and (2) bind a person holding a charge over thereversionary estate of an original proprietor in the lot.
Lots comprising strata plan.
12. The land on a strata plan shall comprise one or more lots,provided that where the land comprises more than one lot, those lots shall beheld by the original proprietor for the same term of years.
PART III
PREPARATION AND APPROVAL OF STRATA PLANS
Requirements for strata plans, units and common property.
13. (1) A strata plan shall —
(a) define the units and the common property to be created by theplan in a manner that allows the boundaries of each unit and the common propertyto be ascertained;
(b) assign to each unit a distinguishing number;
(c) include a schedule of unit entitlements in relation to theunits;
(d) delineate the boundaries of the land comprised in the plan;
(e) delineate in relation to those boundaries the external lateralboundaries of all buildings on the land;
(f) comply with the provisions of all regulations as to survey madeunder the Licensed Land Surveyors Act (Chapter 100); and
(g) comply with any other requirements stipulated by the Surveyor General.
(2) A unit —
(a) shall, except in the case of an accessory unit, consist of orinclude the whole or part of a building;
(b) need not be wholly within one or more buildings;
(c) may be on or above the surface of land;
(d) may be below the surface of the land to the extent that thesubsoil is occupied by buildings or other structures;
(e) may be wholly on one storey or level or partly on one storey orlevel and partly on another or others.
(3) Subject to any explicit statement to the contrary in a strata plan, the following principles apply to the definition of a unit by strata plan —
(a) where a boundary is defined by reference to a wall or fence, theboundary is the centre line of the wall or fence;
(b) where a boundary is defined by reference to a floor, theboundary is the centre line of the floor;
(c) where a boundary is defined by reference to a roof, theboundary is the centre line of the roof.
(4) The common property comprises —
(a) any land or space that is not within a unit;
(b) any pipe, cable, wire, duct or drain that is not for theexclusive use of a unit;
(c) any structure that is not for the exclusive use of a unitinstalled or erected before the certification of the strata plan by theCommissioner;
(d) any structure installed or erected by a strata corporation aspart of the common property;
(e) any other structure on the land committed to the care of a stratacorporation as part of the common property.
Application for certification of strata plan.
14. (1) An application for certification of a strata plan by theCommissioner shall be in Form l set out in the First Schedule and must beaccompanied by —
(a) the original strata plan to which it relates;
(b) the original extract from the Register for the land to which thestrata plan relates;
(c) any necessary certificate of approval from a relevantauthority;
(d) a certificate from the Commissioner that the rental payable to the Government in respect of the land to which the strata plan relates hasbeen reassessed and determined in accordance with subsection (4);
(e) a certificate of approval by the Surveyor General in theprescribed form, which may be endorsed on the strata plan, certifying that theplan has been correctly prepared in accordance with this Act and that allbuildings shown on the strata plan are within the external surface boundaries ofthe lot;
(f) a certificate from a recognised valuer certifying that theschedule of unit entitlements is correct; and
(g) any instrument, duly executed, that is to be registered on thecertification of the strata plan by the Commissioner.
(2) The applicant must provide evidence to the satisfaction of theCommissioner that any person with a charge or easement registered inrelation to the lot consents to the application.
(3) The applicant must furnish the Commissioner with such otherinformation as the Commissioner may require.
(4) On receipt of an application in accordance with this section, theCommissioner shall reassess and determine the rent payable to theGovernment under the Land Code (Chapter 40) to be effective from the approvalof the strata plan by the Commissioner, in respect of the land to which thatplan relates.
Building encroachments.
15. (1) If it appears from a strata plan that any part of abuilding encroaches over land not included in the lot of the original proprietor, the application will only be accepted if —
(a) no part of a unit to be created by the plan forms part of theencroachment; and
(b) (i) the encroachment is over State land and the Commissioner consents to the encroachment;
(ii) the encroachment consists of the protrusion of footings or footings and associated structures of a prescribed nature, by not more than the prescribed distance beyond the boundaries of the lot and the owner of the land over which the encroachment occurs consents to the encroachment; or
(iii) it is established to the Commissioner’s satisfaction that theencroachment is otherwise authorised by law.
(2) Unless the encroachment is over State land, the Commissioner shall,on the certification of the strata plan, enter the encroachment on any relevantsubsidiary strata title.
(3) Any consent given in relation to the encroachment is binding on presentand subsequent owners and occupiers of the land.
Effect of certificate of approval.
16. The certificate of approval by the Surveyor General underparagraph
(e) of subsection (1) of section 14 and endorsed on a strata planshall have effect to —
(a) approve the survey definition incorporated in the plan;
(b) approve for the purposes of this Act, the definition of all theunits and common property shown on the plan;
(c) assign a strata plan number;
(d) render the plan the property of the State.
Unit entitlement.
17. (1) For the purpose of determining the matters specified insection
18, before the strata plan is approved by the Surveyor General, there shallbe assigned to every principal unit and every accessory unit a unit entitlement,to be fixed by a recognised valuer on the basis of the relative value of theunit in relation to each of the other units on the strata plan.
(2) Subject to sections 51, 52 and 60, no change shall be made in the unitentitlement of any unit after the strata plan is approved by the SurveyorGeneral.
Specified matters relating to unit entitlement.
18. The matters referred to in section 17 are —
(a) the proprietor’s share in the common property inaccordance with section 22;
(b) the extent of the proprietor's liability for damages and costsunder section 29;
(c) the extent of the proprietor’s obligation under section 31in respect of service charges levied by the strata corporation or themanaging agent and of his rights under that section in a distribution of anysurplus money or personal property;
(d) the proprietor’s voting rights on a poll pursuant to rule27 of the Second Schedule;
(e) subject to subsection (4) of section 60, the proportion in whichmoney and other assets, if any, received or held by the strata corporation fordistribution among the proprietors is to be distributed among them in accordancewith subsection (2) of section 56.
Certification of strata plan by the Commissioner.
19. Where —
(a) application is made for the certification of a strata plan bythe Commissioner in accordance with this Act,
(b) the requirements made by or under this Act in relation to theapplication have been satisfied; and
(c) the plan conforms with the requirements of this Act and has beenapproved by the Surveyor General,
the plan shall be certified by the Commissioner by endorsing a certificate inthe prescribed form on the strata plan, certifying that the subdivision intostratum estates is in accordance with the requirements and provisions of thisAct.
Effect of certification on easement.
20. (1) The certification by the Commissioner of a strata plan shallhave no effect on any easement or restriction as to user to which the lot towhich the plan relates is subject or on any easement or restriction as to userwhich is appurtenant to the lot to which the plan relates.
(2) The Commissioner shall require all such easements and restrictions as to user to be recorded by diagrams, words or otherwise on the strata plan, but shall not note them on any subsidiary strata title issued under section 21.
Issue of strata titles.
21. (1) On the certification of a strata plan, the Commissionershall —
(a) issue subsidiary strata titles in Form 2 set out in the First Schedule in the name of the original proprietor of the lot to which thestrata plan relates for each stratum estate in each of the principal units shownon the strata plan, which subsidiary strata titles may include one or moreaccessory units; and
(b) enter an appropriate memorandum on the originalproprietor’s extract and in the Register to the effect that the lotis subject to subsidiary strata titles in respect of the units shown on thestrata plan.
(2) The subsidiary strata titles shall be endorsed with the amount of theannual rental payable to the Government as determined in accordance withsubsection (4) of section 14.
(3) It shall not be necessary in the certificate of the subsidiary stratatitle referred to in paragraph (a) of subsection (1) to mention thequantum of the undivided share in the common property to which the proprietoris entitled by virtue of section 22.
(4) The Commissioner shall —
(a) maintain a separate subsidiary strata title register which shall be in Form 3 set out in the First Schedule;
(b) keep a journal in Form 4 set out in the First Schedule of alltransactions in respect of subsidiary strata titles entered in the strata titleRegister.
Common property
22. (1) The common property shall be held by the proprietors of allthe units as tenants in common in shares proportional to the unit entitlement inrespect of their respective units, provided that nothing in this subsectionshall affect the interests among themselves of the proprietors of a stratumestate in an individual unit.
(2) Where the same person is proprietor of all the units, subsection (1) shall apply as if there were different proprietors for each of the units.
(3) The proprietors of all the units may lease part of the commonproperty or may grant an easement over the whole or any part of it.
(4) No lease or easement under subsection (3) shall be for a period ofyears in excess of the term of years of the stratum estates in thedevelopment.
(5) Every lease or easement under subsection (3) is subject to section 23 of the Land Code (Chapter 40) which shall apply accordingly.
Dealing with accessory unit.
23. (1) Except where it is transferred to the proprietor of aprincipal unit shown on the same strata plan, no accessory unit or any interestin it may be sold, leased, charged or otherwise disposed of or dealt with exceptas part of a sale, lease, charge, disposition or other dealing which includes aprincipal unit or a corresponding interest in a principal unit, providedthat the proprietor of a principal unit included in the subsidiary strata title as an accessory unit may let the accessory unit on a weekly tenancyor on a tenancy determinable at the will of either of the parties by onemonth’s notice in writing.
(2) No subsidiary strata title relating to an accessory unit shall beissued except as part of a subsidiary strata title relating to a principalunit.
(3) No principal unit which is for the time being included in thesame subsidiary strata title as an accessory unit, not being a subsidiary stratatitle issued under paragraph (a) of subsection (1) of section 21 and nointerest in any such principal unit, may be sold, leased, charged or otherwise disposed of or dealt with except as part of a sale, lease, charge,disposition or dealing which includes the accessory unit or a correspondinginterest in the accessory unit, as the case may be, or where there is aconcurrent sale of the accessory unit in accordance with subsection (1).
(4) Where any accessory unit is being transferred independently of a principal unit to a person who is the proprietor of a principal unit shown on the same strata plan, the memorandum of transfer in respect of the accessory unit shall contain a request to the Commissioner for the accessory unit to be included in the subsidiary strata title for the principal unit; and upon registration of the instrument of transfer the accessory unit shall become subject to all charges then affecting the principal unit.
(5) Where an accessory unit is for the time being included in the subsidiary strata title as principal unit, the accessory unit may not be transferred apart from the principal unit while it remains subject to any charge.
(6) Notwithstanding anything to the contrary in the Land Code (Chapter 40), any purported sale, lease, charge, disposition or dealing with any unit in contravention of subsection (1) or (3) shall be void and of no effect, provided that nothing in this subsection shall affect the devolution of any unit upon the death of the proprietor of that unit to the administrator of that proprietor.
Rights attaching to units and common property.
24. (1) The common property and each unit on a strata plan shall,by virtue of this section, have as appurtenant thereto all such rights ofsupport, shelter, protection and the passage or provision of water, sewerage,drainage, gas, electricity, oil, garbage, air and all other services ofwhatsoever nature including cable telephone, radio, television and communicationservices over the common property and every other unit on the strata plan asmay from time to time be necessary for the reasonable use or enjoyment of thecommon property or unit, as the case may be.
(2) The common property and each unit on a strata plan shall, by virtueof this section, have as appurtenant thereto —
(a) a right to the full, free and uninterrupted access and use of,light to or for any windows, doors or other apertures existing at the date ofapproval of the plan by the Surveyor General and enjoyed at that date; and
(b) a right to maintain overhanging eaves existing at the date of approval of the plan by the Surveyor General, over the land and every part thereof.
(3) The rights created by this section shall carry with them allancillary rights necessary to make them effective and enforceable as if theywere easements.
(4) Nothing in this section shall affect any land other than the land towhich the strata plan relates.
Supplementary record sheet.
25. (1) The Commissioner shall, as soon as it becomes necessary forthe purposes of this Act to do so, set up in relation to any strata plan recordand strata corporation, a supplementary record sheet on which he shallnote appropriate memorials relating to —
(a) all instruments which are registered and which affect thewhole or any part of the common property, independently of the units, to whichthe strata plan relates; and
(b) all other matters which, in accordance with this Act, have to benoted on the supplementary record sheet.
(2) Every supplementary record sheet shall be filed in the same manner as a subsidiary strata title and the number of the supplementary recordsheet shall be entered on the strata plan or recorded copy thereof.
Reference to new strata plan.
26. (1) In any case where, under any of the provisions of this Act,a new strata plan is approved by the Surveyor General under the same number as aprevious strata plan —
(a) the previous strata plan shall be filed under a differentnumber;
(b) the plan so approved shall be noted so as to show clearlythat it is in substitution for the previous plan, which previous plan shall be identified by the number under which it is filed under paragraph (a) ;
(c) where any unit is described in any subsidiary strata title or inany other instrument whatsoever by reference to a numbered strata plan inrespect of any land, the reference shall be read as a reference to the plan forthe time being approved by the Surveyor General under that number in respect ofthat land.
(2) The Commissioner shall —
(a) whenever he issues a copy of a previous strata plan, indicate on the copy the number under which that plan has been refiled; and
(b) whenever he issues a copy of any strata plan in respect of whicha supplementary record sheet has been set up, indicate on the copy the referencenumber of that sheet.
PART IV
STRATA CORPORATION
Creation of strata corporation.
27. (1) On the certification of a strata plan by the Commissioner, the original proprietor of the lot to which the plan relates shallbecome a strata corporation.
(2) Thereafter the proprietor for the time being of all the unitscomprised in the strata plan shall, by virtue of this Act, be the strata corporation.
(3) The strata corporation shall have the designation “Strata Corporation Number” (the registered number and Registry of the strata plan).
(4) The strata corporation shall have perpetual succession and a commonseal.
Strata corporation to be body corporate.
28. (1) The strata corporation shall be capable of suing and beingsued in its corporate name and of doing and suffering all that bodies corporatemay do and suffer.
(2) Without restricting the generality of subsection (1), the stratacorporation may sue in respect of damage or injury to the common property causedby any person, whether that person is a unit proprietor or not.
Proceedings against proprietors and strata corporations.
29. (1) Where any proceedings are brought in any court of competent jurisdiction under the provisions of any written law or in tort or in respect of an alleged breach of any statutory duty and it is required by law that the proceedings be brought against the owner or occupier of any particular parcel of land or premises, the provisions of this section shall apply notwithstanding any written law or rule of law to the contrary.
(2) For the purposes of any proceedings to which this sectionapplies —
(a) the common property and each of the units shall be separatepremises; and
(b) where the proceedings are brought in respect of the commonproperty, the strata corporation shall be deemed to be the owner and theoccupier of the common property, and any judgment which may be awarded to the plaintiff shall be entered against the strata corporationaccordingly:
Provided that, where the cause of action arose through thenegligence or unauthorised act or omission of one or more of the proprietors orformer proprietors, the strata corporation may join that proprietor or thoseproprietors as co-defendants, and judgment may be given against the strata corporation and such proprietor or proprietors jointly and severally.
(3) The amount of any judgment including costs given jointly and severallyas provided in subsection (2), may be recovered as a debt by the stratacorporation from the proprietor or proprietors against whom judgment is given inan action in any court of competent jurisdiction.
(4) Where the defendant in any proceedings to which this section appliesis the strata corporation, the proprietors of the units at the time whenjudgment is entered shall be deemed to have jointly guaranteed to theplaintiff the payment by the strata corporation of the full amount awarded byway of judgment.
(5) The liability of each such proprietor under subsection (4) shall belimited to an amount equal to such part of the total sum payable by the stratacorporation in accordance with the judgment, less the amount which thestrata corporation can recover under any policy of insurance, and less anyamount paid by a proprietor against whom judgment is given pursuant tosubsection (2) or recovered from him pursuant to subsection (3), as isproportionate to the unit entitlement of his unit.
(6) Any amount recovered from a proprietor pursuant to subsection (3), after satisfaction of the judgment by the strata corporation shall, subject to any right of set-off, be refunded to those proprietors who have made a payment under subsection (4) in proportion to the amount of their payments.
(7) Where any proprietor pays to the plaintiff any sum which he is liableto pay under the provisions of subsection (4), that proprietor shall be entitledto recover the same as a debt in an action in any court of competentjurisdiction from the strata corporation.
(8) Nothing in subsection (7) shall prevent the strata corporation in suchan action from claiming any sum due to it from that proprietor under theprovisions of this Act by way of set-off.
(9) If the strata corporation at a general meeting so resolves, any sumpayable by it in accordance with the provisions of this section may be paid outof any general fund established by it.
Powers and duties of strata corporation.
30. The strata corporation shall —
(a) subject to the provisions of this Act, carry out any dutiesimposed on it by the Rules of the strata corporation;
(b) insure and keep insured all buildings and other improvements onthe land to their replacement value including demolition costs and architects fees against fire, flood, explosion, wind, storm, hail, aircraftand other aerial devices dropped therefrom, impact, riot and civil commotion, malicious damage caused by burglars and others, and earthquake;
(c) effect such other insurance as it is required by law to effect oras it may consider expedient;
(d) subject to sections 54 to 6l and section 64, forthwith applyinsurance money received by it in respect of damage to any building or improvements in rebuilding and reinstating the said building or improvementsso far as the rebuilding or reinstatement may lawfully be effected;
(e) pay the premiums in respect of any policies of insuranceeffected by it;
(f) keep the common property including any roof, external wall orother structure forming part of the common property in a state of goodrepair;
(g) comply with any notice or order duly served on it by anymunicipal board, government department or relevant authority requiringrepairs to or work to be performed in respect of the land or any building orimprovements thereon;
(h) subject to this Act, control, manage and administer thecommon property and do all things reasonably necessary for the enforcement ofthe Rules;
(i) do all things reasonably necessary for the enforcement of anylease or licence under which the land is held;
(j) do all things reasonably necessary for the enforcement of anycontract of insurance entered into by it under this section.
Funding, service charges and insurance.
31. (1) The strata corporation shall also —
(a) establish and maintain a fund or funds for administrativeexpenses sufficient in the opinion of the strata corporation for thecontrol, management and administration of the common property includingthe repaid and replacement where necessary of mechanical services such as lifts,air conditioning and fire safety systems and for the payment of any insurance premiums, rent and repairs and the discharge of any other obligations of thestrata corporation;
(b) determine the service charges to be levied for the purposes setout in paragraph (a) ;
(c) raise amounts so determined by levying the service charges on theproprietors in proportion to the unit entitlement of their respectiveunits.
(2) The strata corporation may distribute any money or personal property in its possession and surplus to its current requirements among the proprietors for the time being according to their unit entitlements.
(3) For the purposes of effecting any policy of insurance under theprovisions of section 30, the strata corporation shall be deemed to have aninsurable interest in all the buildings and other improvements on the land.
(4) Any policy of insurance authorised by this section and effected by thestrata corporation in respect of any buildings or other improvements on the landshall not be liable to be brought into contribution with any other policy,except another policy authorised by this section in respect of the same buildingor improvements.
General powers of strata corporation.
32. (1) Subject to the provisions of this Act, the stratacorporation shall have all such powers as are reasonably necessary to enable itto carry out the duties imposed on it by this Act by its Rules, provided that the strata corporation shall not have power to carry on tradingactivities.
(2) Subject to subsection (1), the strata corporation may enter into suchcontracts and other arrangements for the management of the stratacorporation as it may consider necessary or desirable with any person orcompany recognised by the Commissioner.
(3) Nothing in the Companies Act (Chapter 39) shall apply to a stratacorporation established in accordance with this Act.
Voting at meetings.
33. (1) At any meeting of strata corporation or of the committee, a power of voting —
(a) shall not be exercised by any person who is less than 18years of age unless it is exercised on his behalf by a person authorised by lawfor that purpose;
(b) shall not be exercised by any person who is not less than 18years of age who is by any rule of law incompetent to deal with his propertyunless it is exercised on his behalf by a person who is for the time beingauthorised by law to control or administer the unit or property to which thepower of voting relates.
(2) A proprietor’s voting rights shall not be affected by reason only of the fact that his interest in a unit is subject to a registered charge but, on giving written notice to the strata corporation, the chargee shall be entitled to exercise those rights —
(a) in accordance with any provision to that effect in thecharge;
or
(b) so long as he is in possession of the unit.
Court’s powers in relation to voting.
34. (1) Where for any reason it is impracticable to obtain theexercise by any person of his power of voting or where it is not known by whomthe power of voting is exercisable, the Court, on the application of thestrata corporation or of any interested party, may by order —
(a) appoint some fit and proper person for the purpose ofexercising such powers of voting as the Court determines, and thereuponthe appointment shall take effect accordingly; or
(b) declare that any person’s power of voting shall bedispensed with either on a particular occasion or generally, in which case theprovisions of this Act or of any rule as to voting shall have effect as if nopower of voting were exercisable by that person on the particular occasion orgenerally, as the case may be.
(2) On making any order under this section, the Court may make suchprovision as it thinks necessary or expedient to give effect to the order andmay provide for the payment of costs as it thinks fit.
(3) The Court may cancel, vary, modify or discharge any order made by itunder this section.
Court’s powers where unanimous resolution required.
35. In any case where, in accordance with this Act or Rules made under this Act, a unanimous resolution or the consent of all the proprietors is necessary before any act may be done and that resolution or consent is not obtained, but the resolution or act is supported by 80% or more of those entitled to vote, any person included in the majority in favour of the resolution or act may apply to the Court to have the resolution as supported or the consents as obtained, declared sufficient to authorise the particular act proposed; and, if the Court so orders, the resolution shall be deemed to have been passed unanimously or the consent of all the proprietors obtained, as the case may be.
Relief for minorities.
36. In any case where this Act requires or the rules of a bodycorporate require, that a resolution other than a unanimous one or theconsent of a certain percentage of the voters is necessary before any act maybe done, and any such resolution is duly passed or any such consent isobtained, any person who voted against the resolution or did not consent mayapply to the Court to have the resolution or decision declared to be of noeffect on the grounds that in the circumstances of the case, the effect of theact would be inequitable for the minority; and if the Court orders, theresolution shall be deemed not to have been passed or the consent shall bedeemed not to have been obtained.
PART V
SERVICE CHARGES
Recovery of service charges.
37. (1) Any service charge levied in accordance with the provisionsof paragraph (c) of subsection (1) of section 31 shall be due andpayable in accordance with the terms of the relevant determination; and so muchof the amount as from time to time becomes payable may be recovered as a debt bythe strata corporation in an action in any court of competent jurisdiction fromthe person who was the proprietor of the unit at the time when the amount becamepayable or, subject to the provisions of section 42, from the proprietorof the unit at the time when the proceedings are instituted.
(2) Notwithstanding anything to the contrary in any other written law, any judgment of a court of competent jurisdiction given in recovery proceedingsin accordance with subsection (1) may be registered against the subsidiarystrata title to the unit of the proprietor or former proprietor against whomjudgment has been given, and upon registration shall constitute a chargeagainst the land subject only to any existing registered charge.
Cost recovery for work by strata corporation.
38. (1) Where the strata corporation does any repair, work or actwhich it is required or authorised by or under this Act or any other written lawto do, whether or not the repair, work or act is done pursuant to any notice ororder served on it by a relevant authority, but the repair, work or act is substantially for the benefit of one unit only or is substantially forthe benefit of some of the units only or benefits one or more of the unitssubstantially more than it benefits the others or other of them, any expenseincurred by it in doing the repair, work or act shall, subject to subsection (2), be recoverable by it as a debt in any court of competentjurisdiction.
(2) If any Court considers that it would be inequitable to apportion inaccordance with subsection (1) the amount of the debt in proportion to the unitentitlements of the last-mentioned units, it may apportion that amount inrelation to those units in such shares as it thinks fit, having regard to therelative benefits to those units.
Acts of omissions of proprietors.
39. Where the strata corporation does any repair, work or act which itis required or authorised by or under this Act or any other written law to do,whether or not the repair, work or act is done pursuant to any notice or orderserved on it by the relevant authority, and the repair, work or act wasrendered necessary by reason of any wilful or negligent order or omission on thepart of or any breach of any title by, any proprietor or his tenant, lessee,licensee or invitee, any expense incurred by it in doing the repair, work or actshall be recoverable by it as a debt in any court of competent jurisdictionfrom that proprietor.
Interest on money owed to strata corporation.
40. Where, under any of sections 37 to 39, any registered proprietorowes any money to the strata corporation, interest shall accrue in respect ofso much of the debt as remains unpaid at such rate as the strata corporationshall determine and be approved by the Commissioner.
Limitations upon recovery.
41. Subject to this order, a proprietor shall not be liable to pay or to contribute to the funds of the strata corporation any amount exceeding the due proportion recoverable from him under subsection (1) of section 31 and section 37 of any amount required to discharge any liability accrued or prospective of the strata corporation.
Certificates from strata corporation.
42. (1) The strata corporation shall on the application of a proprietor, any person authorised in writing by him or a purchaser or chargee ofa unit, certify —
(a) the amount of any service charge determined as thecontribution of the proprietor and the period to which the determinationrelates;
(b) the manner and time of payment of that service charge;
(c) the extent to which service charge has been paid by theproprietor;
(d) any amount then recoverable by the strata corporation from theproprietor pursuant to subsection (3) of sections 29, subsection (1) of sections31 and 37;
(e) whether or not the strata corporation has performed orentered into any contract to perform or resolved to perform any repair, work oract in respect of which a liability has been or is likely to be incurred by theproprietor under sections 38 or 39 and the general nature of the repair, workor act;
(f) the rate at which interest is accruing pursuant to section 40 in respect of any amount owing to the strata corporation by theproprietor;
(g) whether or not it has received notice that any proceedings are pending against the strata corporation.
(2) A certificate under subsection (1) issued in favour of any persondealing with the proprietor shall be conclusive evidence of the matterscertified therein.
(3) A certificate under subsection (1) may be issued by being signed by —
(a) any member of the committee of the strata corporationauthorised for that purpose;
(b) the secretary of the strata corporation; or
(c) any 2 or more proprietors of units if there is no committee of thestrata corporation.
PART VI
INSURANCE
Definitions.
43. (1) In this Part, unless the context otherwise requires—
“chargee” means a chargee who, by virtue of subsection (2) ofsection 44, has an insurable interest in the property covered by a principalinsurance policy;
“insurer” means an insurer in respect of a principalinsurance policy;
“principal insurance policy”, in relation to the units and commonproperty shown on a strata plan, means the policy of insurance effected by the relevant strata corporation in accordance with paragraph (b) ofsection 30.
Principal insurance policy
44. (1) The succeeding provisions of this section shallapply notwithstanding any written law or rule of law or agreement to thecontrary.
(2) Every unit proprietor and every person entitled as chargee byvirtue of a registrable charge in respect of any unit, has an insurable interestin the property covered by the principal insurance policy.
(3) The strata corporation shall inform the insurer and keep the insurer informed by notice in writing of the name and address of every proprietor and every chargee, provided that nothing in this subsection shall prevent any unit proprietor or chargee from giving such notice to the insurer.
(4) No principal insurance policy shall lapse or be cancelled, butshall remain in full force and effect until —
(a) the insurer has served on every unit proprietor and everychargee of which the insurer has had notice in accordance withsubsection (3), a notice to the effect that the policy shall lapse or becancelled on the date specified in the notice, being not earlier than 30 daysafter the date on which the notice is so served; and
(b) the date specified in the notice has arrived.
(5) Notwithstanding anything in paragraph (a) of subsection (4), itshall be sufficient for the purposes of that paragraph if the insurer sends therequired notice to a unit proprietor or chargee by registered post addressed tohim at the last address of which notice has been given to the insurer undersubsection (3).
(6) In any case where the insurer considers that default has been madeunder the principal insurance policy, whether in respect of the payment of thepremiums or otherwise, the insurer shall specify in the notice thedefault complained of and shall state that the lapsing or cancellation of thepolicy is conditional upon the default not being remedied before the datespecified in the notice in accordance with paragraph (a) of subsection4.
(7) Unless as otherwise provided in this Act or unless by unanimousresolution all the proprietors otherwise resolve, all money paid by the insurerpursuant to the principal insurance policy shall be applied in or towardsreinstatement and where it is to be so applied, no chargee shall be entitled todemand that any part of any such money be applied in or towards repayment of themortgage debt.
(8) Nothing in this section shall limit or affect the rights of anyperson in or to the proceeds of the principal insurance policy pursuant to anyof the provisions of sections 54 to 61 or section 64.
Separate insurance on units.
45. (1) Nothing in section 30, 31, 43 or 44 shall limit the right—
(a) of a proprietor to effect a policy of insurance in respect ofthe destruction of or damage to his unit;
(b) of a chargee of a unit to require the proprietor, as a conditionof the loan, to effect a policy of insurance, in this section referred to as a charge redemption policy, to indemnify the proprietor against liability torepay the whole or any part of the sum secured to the chargee in theevent of the destruction or damage of the unit.
(2) Any payment made under a charge redemption policy by the insurershall be made to the chargees whose interests are noted on the policy in theorder of their respective priorities.
(3) No charge redemption policy shall be liable to be brought intocontribution with any other policy of insurance except another chargeredemption policy effected in respect of the same charge debt.
(4) This section shall apply notwithstanding any rule of law to thecontrary.
PART VII
RULES OF STRATA CORPORATION
Regulation by Rules.
46. (1) Except as otherwise provided by this Act, the control,management, administration, use and enjoyment of the units and thecommon property shown on a strata plan and the activities of the strata corporation that comprises the proprietors of those units shall, wherethere are more than one proprietor, be regulated by the Rules for the time beingapplicable to that strata corporation.
(2) Subject to any amendment, the Rules applicable to each stratacorporation shall be those set out in the Second Schedule and ThirdSchedule.
Rules in the Second Schedule and Third Schedule.
47. (1) The Rules in the Second Schedule may be amended, in relation to any strata corporation, by unanimous resolution of the proprietors and not otherwise.
(2) The Rules in the Third Schedule may be amended, in relation to any strata corporation, by resolution of the strata corporation, at a generalmeeting.
(3) Any amendment of any rule shall relate to the control,management, administration, use or enjoyment of the units or the commonproperty, to the regulation of the strata corporation, or to the powersand duties of the strata corporation other than those conferred or imposed bythis Act.
(4) Notwithstanding anything in subsection (3), no powers or duties may beconferred or imposed by the Rules on the strata corporation which are notincidental to the performance of the duties or powers imposed on it by this Actor which would enable the strata corporation to acquire or hold any interest inland or any chattel real or to carry on business for profit.
(5) No rule shall prohibit or restrict the devolution of units or anytransfer, lease, mortgage or other dealing therewith, or destroy or modify anyright or duty implied or created by this Act including any right, power orduty imposed or conferred upon the strata corporation by this Act.
(6) No amendment of any rule pursuant to subsection (1) or (2) shall haveeffect until the strata corporation has lodged a notification thereof in Form 5 set out in the First Schedule with the Commissioner and theCommissioner has recorded it appropriately on the supplementary recordsheet.
Obligations of strata corporation.
48. (1) The strata corporation shall keep a record of the Rules inforce.
(2) The strata corporation shall, on the application of a proprietor or aperson authorised by a proprietor to apply, supply to him a copy of theRules in force and may require him to pay a reasonable charge.
(3) The strata corporation shall, on the application of any person whosatisfies the strata corporation that he has a proper interest in soapplying, make the Rules available for inspection.
Rules to be binding and enforceable.
49. (1) The Rules shall be binding on —
(a) the strata corporation;
(b) all proprietors; and
(c) any other person in actual occupation of a unit,
and shall be for the benefit of the strata corporation and everyproprietor.
(2) The strata corporation or any proprietor shall be entitled to apply tothe Court for an order —
(a) enforcing the performance of or restraining the breach of anyrule; or
(b) regarding damages for any loss or damage arising out of thebreach of any rule,
by any Person bound to comply therewith or by the strata corporation.
PART VIII
VARIATION PLANS
When variation plan required.
50. (1) A variation plan shall be required whenever thefollowing is proposed —
(a) the subdivision or partition into 2 or more new units,whether or not any new unit is on the same level as any other new unit, of—
(i) the unit shown on a certified strata plan; or
(ii) the unit shown on a certified strata plan and the whole or part of anystratum or strata formerly forming part of the common property shown on thecertified strata plan;
(b) the enlargement of a unit shown on a certified strata plan by the inclusion therein of any stratum which immediately touches upon that unit and was formerly part of the common property or part of another unit shown on the plan; or
(c) the erection of one or more new units on the common property.
(2) Subject to section 5, the provisions relating to the subdivision and consolidation of land contained in the Town and Country Planning (Development Control) Act (Chapter 143) and any regulations made thereunder shall apply to the extent that such provisions are applicable with all necessary modifications whenever a variation plan is required under subsection (1).
Application for certification.
51. (1) An application may be made to the Commissioner for thecertification of a variation plan being a new strata plan in substitution forthe existing strata plan. Every application shall be in Form 6 set out in theFirst Schedule. The new strata plan shall be approved by the Surveyor Generalunder the same number as the existing strata plan and the provisions ofsection 25 shall apply accordingly.
(2) Subject to the provisions of this section, a variation plan shallcomply with all the requirements of this Act as to strata plans and shall, inaddition —
(a) define the boundaries of the new units or the enlarged orreduced units;
(b) show all new units and any enlarged or reduced unit marked withnumbers or letters not already used on the strata plan;
(c) bear a legend specifying which of the new units, enlarged unitsand reduced units are principal units and which are accessory units;
(d) in the case of a subdivision into 2 or more new units, theenlarged units or reduced units have endorsed thereon a scheduleapportioning among the new units, enlarged units and reduced units, the unit entitlement of the former unit or units included in the variation plan, which apportionment shall be determined by a recognised valuersubject to payment to the recognised valuer, as the case may be, of such fee ashe may fix.
Reassessment of unit entitlements.
52. (1) Where a variation plan involves the inclusion in a unit ofpart of the common property or the erection of one or more units on the commonproperty, the unit entitlements of all units that will be on the land to whichthe plan relates shall be reassessed by a recognised valuer who shall, subjectto payment to the recognised valuer of such fee as he may fix, assign to everysuch unit a new unit entitlement to be fixed by him on the basis ofthe relative value of the unit in relation to each other unit at the date onwhich the reassessment is made.
(2) Notwithstanding anything in subsection (1), a recognised valuer may, inhis discretion, make the reassessment as at the date on which the currentunit entitlements were fixed in any case where he considers that theredevelopment is of a relatively minor nature.
Restrictions on approval.
53. (1) A variation plan shall not be certified unless —
(a) the application is made by the sole proprietor of the units orby the proprietors of all the units pursuant to their unanimousresolution; and
(b) every person who is entitled as chargee by virtue of anyregistered charge in respect of any unit affected by the variation plan, hasconsented in writing to the certification of that plan.
(2) On the certification of a variation plan and the registration of anynecessary transfers, the Commissioner shall —
(a) cancel the subsidiary strata titles to the units affected by thevariation plan and for that purpose, the outstanding copies of the stratatitles shall be surrendered to the Commissioner; and
(b) issue separate subsidiary strata titles in accordance with thevariation plan for the units affected by that plan.
(3) On the certification of a variation plan, notice in writing of the redevelopment shall be given to the relevant authority.
PART IX
CANCELLATION OF STRATA PLAN AND SCHEMES FOLLOWING DESTRUCTION
Commissioner may cancel plan.
54. (1) Prior to the expiry of the strata plan, the Commissioner may cancel a strata plan upon the application of the proprietor of all the units shown on the plan.
(2) Every such application to the Commissioner for cancellation of a strataplan shall be in Form 7 set out in the First Schedule and shall beaccompanied by or have lodged in support of that application —
(a) the outstanding subsidiary strata title for every unit;
(b) the outstanding copy, if any, of every registered charge,lease or sublease relating to any unit or to any part of the common property;and
(c) evidence sufficient to satisfy the Commissioner in relation to the matters specified in subsection (3) and evidence that the originalproprietor has been notified of the intention to make the application:
Provided that the Commissioner may dispense with production of any suchoutstanding subsidiary strata title or copy.
(3) Before cancelling the strata plan, the Commissioner shall satisfyhimself that all charges which have been assessed in respect of the units andthe common property have been paid, and that any administrator hasconsented to the cancellation, and that no unit is subject to any charge, lease,sublease or easement registered against the title to the unit.
How plan cancellation is effected.
55. (1) The cancellation of a strata plan shall be effectedwhen a memorandum of cancellation has been appropriately entered bythe Commissioner —
(a) on the original extract from the register to which the planrelates;
(b) on the proprietor’s extract;
(c) on the strata plan or a recorded copy of that plan; and
(d) on the supplementary record sheet, if any.
(2) The Commissioner shall, on cancelling a strata plan, give notice toevery relevant authority that the plan has been cancelled and that the stratacorporation is dissolved.
(3) The Commissioner shall also cancel any relevant supplementary recordsheet.
Consequences of cancellation.
56. (1) Upon the cancellation of the strata plan —
(a) the original proprietor shall become entitled to all buildingsor other improvements on the land;
(b) the proprietors of the units registered as such immediatelybefore cancellation of the strata plan shall not be entitled to anycompensation from the original proprietor arising directly or indirectly fromthe cancellation;
(c) every easement or other interest over any unit comprising part ofthe development shall be determined;
(d) the memorandum entered on the original proprietor’sextract and in the Register in accordance with paragraph (b) ofsubsection (1) of section 21 shall be deemed to be cancelled.
(2) Upon the cancellation of a strata plan, the strata corporation shall bedeemed to be dissolved; and unless otherwise determined beforehand by unanimousresolution of the persons who were the proprietors immediately before thecancellation, all money including insurance money received by the strata corporation and other assets not being part of the buildings and other fixedimprovements on the land shall, subject to any right of set-off, be distributed among those persons according to their unit entitlements immediatelybefore the cancellation.
(3) Notwithstanding anything in subsection (2), the strata corporation shall be deemed to remain in existence to the extent that any debt is owing by it and in respect of any action pending against it, and the liability of the persons who were the proprietors immediately before the cancellation shall continue accordingly.
Application to Court for cancellation.
57. (1) Where in respect of a strata plan, an application in thatbehalf is made to the Court by the Commissioner, the strata corporation, an administrator or the proprietor or one of the proprietors of a unit and the Court is satisfied that, having regard to the rights andinterests of any creditor of the strata corporation and of every person who hasany interest in any unit or in the land or in any part of the land, it is justand equitable that the strata corporation be dissolved and the strata plancancelled, the Court may make a declaration to that effect.
(2) Without limiting the grounds upon which it may be just andequitable that the strata corporation be dissolved and the strata plan cancelledunder subsection (1), the Court may make a declaration to that effect under thissection if it is satisfied that the building subject to the strata plan—
(a) are in the ordinary course of events likely to cause injury ordeath, whether by collapse or otherwise, to any persons in or to persons onother property or to adjoining buildings; or
(b) are a fire hazard and likely to give rise to loss of life in theevent of fire; or
(c) have been abandoned or are not reasonably capable ofoccupation whether by reason of a health hazard existing in such buildingor otherwise.
(3) A notice of any application made under subsection (1) shall be servedon every person who has an interest as a proprietor of a unit and on the Commissioner, if the Commissioner is not the applicant and on everychargee, insurer and other person having any registered estate or interest inany unit or land to which the plan relates, and on any insurer who haseffected insurance on the buildings or other improvements comprised in any unitor on the land or any part thereof; and the Commissioner shall thereupon enteron the supplementary record sheet a notification that the application has beenso made. Any notification so entered shall be cancelled by the Commissionerif the applicant so requests and advises that the application to the Court isnot proceeding or if the Commissioner is satisfied that the Court has refused tomake the declaration sought.
(4) On any application to the Court under subsection (1), theCommissioner, any person having or claiming to have any estate or interest inany unit or in the land or in any part of the land and any insurer who haseffected insurance on the building or other improvements comprised in any unitor on the land or any part thereof, shall have the right to appear and beheard.
Court may give directions.
58. (1) Where the Court makes a declaration under subsection (1) of section 57, the Court may by order impose such conditions and givesuch directions including directions for the payment of money by or to thestrata corporation and the distribution of the assets of the stratacorporation and directions that any consent required by subsection (3) ofsection 54 as applied by subsection (4) of section 59 be dispensed with as itthinks fit for the purpose of giving effect to the declaration.
(2) The Court may, at any time before the strata plan is cancelledunder section 59, vary or modify the terms of any declaration or order made byit under section 57.
(3) On any application under section 57, the Court may make such order forpayment of costs as it thinks fit.
Cancellation by Commissioner.
59. (1) Where the Court has made a declaration authorisingthe cancellation of a strata plan and all conditions and directionsimposed or given by the Court have been complied with, any applicantfor the declaration or his successor in title may, within 6 months after thedate of the declaration, apply to the Commissioner for cancellation of thestrata plan and the Commissioner shall cancel the plan accordingly.
(2) Every such application to the Commissioner for cancellation of a strataplan under subsection (1), shall be in Form 8 set out in the FirstSchedule and shall be accompanied by or have lodged in support thereof—
(a) the outstanding subsidiary strata title for every unit;
(b) the outstanding copy, if any, of every registered charge, lease, sublease or easement relating to any unit or to any part of the common property; and
(c) a copy of every declaration or order made by the Court under sections 57 and 58 in relation to the strata corporation or strata plan,
unless the Court otherwise directs or the Commissioner dispenses with the production of any such outstanding subsidiary strata title or copy of any instrument.
(3) Where —
(a) the Court makes a declaration under subsection (1) ofsection 57 and any person having custody or control of anyoutstanding subsidiary strata title or copy of an instrument required for thepurposes of an application for cancellation of a strata plan refuses orneglects to produce it for those purposes;
(b) production of any such outstanding subsidiary strata title orcopy of an instrument cannot be obtained because the person last known tohave custody or control thereof is dead or is out of Brunei Darussalam or cannotbe found;
(c) for any other reason it is impracticable to obtain production of any such outstanding subsidiary strata title or copy of aninstrument,
the Court, on the application of any interested person, may in anyappropriate case, order upon such terms and conditions as it thinks fit,production thereof to the Commissioner by the person so refusing or neglecting,or may in its discretion order the Commissioner to dispense with production.
(4) The following provisions of sections 54, 55 and 56 shall apply when anapplication is made to the Commissioner under this section —
(a) subsection (3) of section 54, except to the extent that theCourt otherwise directs, either on that application or on anysubsequent application;
(b) subsection (1) of section 55;
(c) subsection (1) of section 56, unless the Court otherwisedirects;
(d) subsections (2) and (3) of section 56.
Settlement of scheme following damage or destruction.
60. (1) Where any building or other improvement comprised in anyunit or on any land to which a strata plan relates is damaged or destroyed butthe strata plan is not cancelled, the Court may on the application of theCommissioner, strata corporation, an administrator, the proprietor or one of theproprietors of a unit or a registered chargee of a unit, by order settle ascheme including any one or more of the following provision —
(a) for the reinstatement in whole or in part of such building orother improvement;
(b) for the transfer of units to the proprietors of the other unitsso as to form part of the common property;
(c) for all necessary consequential matters.
(2) A notice of any application made under subsection (1) shall be servedon the Commissioner, if the Commissioner is not the applicant, who shallthereupon enter on the supplementary record sheet a notification thatapplication has been so made.
(3) On any application to the Court under subsection (1), theCommissioner, any person having or claiming to have any estate or interest inany unit or in the land or in any part of the land and any insurer who haseffected insurance on the buildings or other improvements comprised in any unitor in the land or any part thereof, shall have the right to appear and beheard.
(4) In the exercise of its powers under subsection (1), the Court may makesuch order as it considers expedient or necessary for giving effect to thescheme, including —
(a) directing the application of any insurance money;
(b) directing payment of money by or to the strata corporation orany person;
(c) directing the preparation of an appropriate new strata plan;
(d) making an order of the kind referred to in subsection (10);or
(e) imposing such terms and conditions as it thinks fit.
(5) The Court may cancel, vary, modify or discharge any order made by it under this section.
(6) On any application under this section the Court may make such order forpayment of costs as it thinks fit.
(7) Where the Court directs under subsection (4) that a new strata planbe prepared, it shall be approved by the Surveyor General under the samenumber as the existing plan and shall show the effect of the transfer of unit tothe satisfaction of the Surveyor General and shall have endorsed on it a full amended schedule of unit entitlement prepared in accordance with subsection(8).
(8) For the purposes of subsection (7), the unit entitlements of allremaining units to which the new strata plan relates shall be reassessed by arecognised valuer who shall, subject to the payment to the recognised valuer ofsuch fee as he may fix, assign to every such unit a new unit entitlement to befixed by him on the basis of the relative value of the unit in relation to eachother unit at the date on which the re-assessment is made.
(9) On the certification of a strata plan to which subsection (7)applies by the Commissioner and the registration of the necessary transfer ofthe unit which are intended to become part of the common property, theCommissioner shall —
(a) cancel the subsidiary strata titles to the units affected by anorder made under paragraph (b) of subsection (1) and for that purpose theoutstanding copies of the titles shall be surrendered to the Commissioner;and
(b) enter on the new unit plan and supplementary record sheet anappropriate memorial relating to the transfer.
(10) Every transfer of a unit or units to give effect to an order madeunder paragraph (b) of subsection (1) shall be in favour of the bodycorporate and shall be executed in such manner and in such form as the Court determines.
Court can hear applications together
61. Where an application under either sections 57 or 60 is pending andan application is made under the other of those sections in respect of the samestrata plan, the Court may hear and determine the 2 applications together.
PART X
EXPIRY OF STRATA PLAN
Lapse of strata plan.
62. A strata plan shall lapse at the expiry of the term of yearsapproved by the Commissioner in accordance with subsection (3) of section 9and specified on the subsidiary strata titles.
Memorial of expiry.
63. (1) The Commissioner shall upon expiry of a strata plan,enter a memorial of expiry on —
(a) the original extract from the Register to which the strataplan relates and on the original proprietor’s extract;
(b) the strata plan or recorded copy thereof;
(c) supplementary record sheet, if any,
and shall cancel the subsidiary strata titles to each of the units.
(2) The Commissioner shall, on the expiry of a strata plan, givenotice to every relevant authority that the strata plan has been cancelled andthat the strata corporation is dissolved.
(3) The Commissioner shall also cancel any relevant supplementary recordsheet.
(4) For the purpose of subsection (1), the outstanding copies of theoriginal extract and subsidiary strata titles for the stratum estates shall be delivered up to the Commissioner upon receipt by the originalproprietor and the proprietors of the expired stratum estates of a notice from the Commissioner requiring such delivery up.
Effect of expiry.
64. (1) Upon expiry of the strata plan —
(a) the original proprietor shall become entitled to all buildings or other fixed improvements on the lot;
(b) the proprietors of the units registered as such immediately before cancellation of the strata plan shall not be entitled to any compensation from an original proprietor arising directly or indirectly from the expiry of the strata plan;
(c) every easement or other interest over any unit comprising part ofthe development shall be determined;
(d) the memorandum entered on the original proprietor’sextract and in the Register in accordance with paragraph (b) ofsubsection (1) of section 21 shall be deemed to be cancelled;
(e) the original proprietor shall become immediately entitled tovacant possession of the lot and all buildings thereon and may exercise allremedies available at law to recover such possession.
(2) Upon expiry of a strata plan, the strata corporation shall bedeemed to be dissolved and, unless otherwise determined beforehand byunanimous resolution of the persons who were the proprietors immediately beforethe cancellation, all property not being part of the buildings or fixedimprovements and all money including insurance money received by the stratacorporation shall, subject to any right of setoff, be distributed among thosepersons according to their unit entitlements immediately before theexpiry.
(3) Notwithstanding anything in subsection (2), the stratacorporation shall be deemed to remain in existence to the extent that any debtis owing by it and in respect of any action pending against it, and theliability of the persons who were the proprietors immediately before the expiryshall continue accordingly.
PART XI
MISCELLANEOUS
Letterboxes and address for service.
65. (1) The strata corporation shall either —
(a) at or near the alignment of the front of the main building on the land, cause a letterbox, with the designation of the strata corporation clearly shown on it, to be continually available in an accessible place; or
(b) display in a prominent place, in the vestibule to thatbuilding, its address for service.
(2) It shall be sufficient compliance with any written law whichrelates to the manner of service of any document which has to be served by any person on the strata corporation or its committee, if any personauthorised to serve the document —
(a) sends it by registered letter addressed to the stratacorporation or the committee, as the case may be, at its address for service;or
(b) places it in the letterbox referred to in subsection (1).
(3) If the address for the service of documents on the stratacorporation is at any time altered, the strata corporation shall forthwith sendnotice to the Commissioner of the alteration and the Commissioner shall entera notification of the change of address on the supplementary record sheet.The Commissioner may prescribe the form of the notice to be given under thissubsection.
(4) For the purposes of this section, the term “document”includes any summons, notice, order and other legal process.
(5) A notice or order requiring repairs to or work to be performed inrespect of the land or any building or other improvements thereon which arelevant authority is required or authorised by any written law to serve shall,notwithstanding anything in the written law, be served on the stratacorporation in the manner provided by this Act, and thereupon the notice ororder shall be deemed to have been duly served and the strata corporation shallbe deemed to be the person bound to comply therewith.
Application to cancel plan.
66. (1) Any person including any relevant authority for whose benefit any requirement or duty is imposed on the strata corporation by this Act or any regulations made under this Act may apply to the Court for an order compelling the strata corporation to carry out the requirement or perform the duty, as the case may be, and on any such application the Court may make such order as it thinks proper.
(2) If default is made by the strata corporation in complying with any requirement or duty imposed on it by this Act or any regulations made under this Act, the strata corporation is guilty of an offence and liable on conviction to a fine not exceeding ten thousand dollars.
Power of entry.
67. Where a relevant authority or any person authorised by it has aright under any order to enter upon any part of the land to which a strata plan relates, the authority, body or person shall be entitled to enterupon any other part of the land to the extent necessary or expedient to enableit or him to exercise the relevant powers under this Act.
Register of proprietors.
68. (1) The strata corporation shall cause a register to be kept of the proprietors for the time being of the units comprised in the strataplan.
(2) Notwithstanding anything to the contrary in this Act, where theproprietor for the time being of any unit comprised in the strata plan transfersthat unit to any other person, until the strata corporation is notified inwriting of the transfer —
(a) that proprietor shall remain liable to the strata corporationfor all contributions levied by the strata corporation under paragraph
(c) of subsection (1) of section 31 in respect of that unit, providedthat nothing in this paragraph shall restrict that proprietor’s rightto recover from the transferee any amounts that he has paid in respect ofcontributions so levied;
(b) the transferee shall not be entitled to exercise the votingrights in respect of the unit and those rights may be exercised by thatproprietor provided that at a general meeting of the strata corporation, onlythe transferee may exercise those rights with the consent of the otherproprietors present at the meeting.
Appointment of administrator.
69. (1) The strata corporation, a creditor of the body corporateor any person having a registered interest in a unit may apply to the Court forthe appointment of an administrator.
(2) The Court may, in its discretion on cause shown, appoint anadministrator for an indefinite period or for a fixed period on such terms andconditions as to remuneration or otherwise as it thinks fit. The remunerationand expenses of the administrator shall be an administrative expense for thepurpose of paragraph (a) of subsection (1) of section 31.
(3) Subject to subsection (7), the administrator shall, to the exclusion ofthe strata corporation and the committee, have and exercise the powers of thestrata corporation and the committee and be subject to the duties of the stratacorporation and the committee or such of those powers and duties as the Courtorders.
(4) The administrator may, in writing, delegate any of the powers so vestedin him and at any time revoke such delegation.
(5) The Court may, in its discretion on the application of theadministrator or any other person referred to in subsection (1), remove orreplace the administrator.
(6) On any application made under this section the Court may make suchorder for the payment of costs as it thinks fit.
(7) Nothing in this section shall permit an administrator to do anything which requires a unanimous resolution or prevent the passing of a unanimous resolution; but without restricting the generality of subsection (3), the administrator shall, subject to any order of the Court, be entitled on his own initiative and to the exclusion of the strata corporation, to do any act which under the Rules may be done by special resolution only.
(8) An administrator when appointed shall forthwith lodge with the Commissioner a sealed copy of the Court making the appointment.
Regulations.
70. The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations for any of the following purposes —
(a) imposing fees and charges for anything authorised by this Act;
(b) prescribing forms for the purposes of this Act;
(c) providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration of this Act.
FIRST SCHEDULE
FORMS
Form 1 section 14
APPLICATION FOR CERTIFICATION OF A STRATA PLAN
To: The Commissioner of Lands
I/We of [Here state address and occupation] hereby certify that I am/we arethe original proprietor(s) of the following lot or lots —
[Here state full description of the lot or lots, including the area andreference to extract from the register].
I/We attach the documents referred to in section 14(1) of the Land Code (Strata) Act.
AND I/We hereby apply for the certification of the attached plan as a strataplan under the provisions of the Land Code Strata Act.
DATED this ...................................................... day of...................................
......................................................
Signature of Original Proprietor(s)
NEGARA BRUNEI DARUSSALAM
Form 2 section 21(1)(a)
FORM OF STRATA TITLE
| PETIKAN DARI PENDAFTARAN |
NOMBOR EDR
|
|
| EXTRACT FROM THE REGISTER |
EDR NUMBER
|
|
| A. KETERANGAN FIZIKAL / PHYSICAL DETAILS |
|
|
| 1. Daerah / District |
:
|
|
|
2. Kampong / Place / Mukim |
:
|
|
|
3. Keluasan [hektar] / Area [hectare] |
:
|
|
|
4. Nombor syit Ukur / Survey sheet number |
:
|
|
| B. KETERANGAN PENDAFTARAN / REGISTRATION DETAILS |
|
|
| 1. Nombor Unit / Unit Number |
:
|
|
| 2. Nombor Strata Pelan / Strata Plan Number |
:
|
|
|
3. Hubungan kebenaran lama / Nature of title of original proprietor : EDR No.: Lot No. |
:
|
|
| 4. Tempoh peruntukan geran tanah (berapa tahun) / Term of title (number of years) |
|
|
| 5. Syarat-syarat Khas / Special Conditions |
|
|
| 6. Hal-hal yang diperbuat berikutnya / Subsequent proceedings |
|
|
| 7. Tarikh pendaftaran / Registration date |
|
|
| 8. Cukai tahunan / Annual rent |
|
|
| 9. Lain-lain hal / Remarks |
|
|
| C. KETERANGAN PEMILIK / OWNER’S DETAILS |
|
|
| Nama / Name | Kad Pengenalan / IC |
Bahagian/ Proportion
|
| Bil / No. & Warna / Col | ||
| D. NOMBOR TAMBAHAN LAMPIRAN / SUPPLEMENTARY SHEET NO.: | ||
|
TANAH DI KAMPONG: |
||
|
MUKIM: |
||
|
DAERAH: |
||
|
SEKIL: |
||
|
SYIT: |
||
|
NOMBOR STRATA PELAN
:
|
||
| Dibuat Oleh | Dibenarkan Oleh | |
| Diperiksa Oleh | Juruukur Agung | |
| Pejabat Ukur | ||
| Kementerian Pembangunan | ||
| Negara Brunei Darussalam | ||
|
|
||
Saya dengan ini mengesahkan bahawa ini adalah salinan yang betul danketerangan yang dibuat dalam Pendaftaran Tanah Daerah ini.
I hereby certify that this is a true copy of the entry in the District Land Register.
| Pejabat Tanah / Land Office | : |
| Kementerian Pembangunan / Ministry of Development | : |
| Pegawai Berkuasa / Officer in Charge | : |
| Tarikh / Date | : |
| Bilangan Geran / Number of Document Title | : |
Form 3 section 21(4)(a)
JOURNAL RELATING TO SUBSIDIARY STRATA TITLE REGISTER
|
Serial Number |
Demarcation or Survey No. if different |
Number & nature of original proprietors, if any |
Name of owner |
Special Conditions |
Subsequent Proceedings |
Annual Rent |
Remarks
|
Form 4 section 21(4)(b)
SUBSIDIARY STRATA TITLE TRANSACTIONS
|
Number of Transactions |
Date |
Hour |
From |
To |
Entry Number |
Nature of Instrument |
Remarks
|
Signature of Recipient
|
Signature of officer in charge of Land Office
|
Form 5 section 47(6)
NOTICE OF CHANGE OF RULES
To: The Commissioner of Lands
NOTICE IS HEREBY GIVEN that the Rules of Strata Corporation Number
..........................were on the .................... day of...................... duly amended in the manner set out in the First (andSecond) Schedule(s) hereto —
AND IT IS HEREBY CERTIFIED that each of the amendments set out in the First Schedule hereto has been duly authorised and approved by a unanimousresolution of all the proprietors who together constitute the said stratacorporation [and that each of the amendments set out in the Second Schedulehereto has been duly authorised and approved by resolution of the said stratacorporation at a general meeting].
DATED at .............................. this .............................day of ..........................
The common seal of Strata Corporation
Number ...................................... was hereunto affixed in thepresence of:
Witness: ............................................
Witness: ............................................
FIRST SCHEDULE
[Here set out in successively numbered clauses each amendments to the
Rules listed in the Second Schedule to the (Land Code (Strata)) Act].
SECOND SCHEDULE
[Here set out in successively numbered clauses each amendment to the Ruleslisted in the Third Schedule to the (Land Code (Strata)) Act].
NOTES
1. Where all the units are owned by the same proprietor, the certificate included in the notice above, should be omitted.
2. Where there are fewer than 4 members each proprietor may sign the notice instead of affixing the common seal of the strata corporation.
Form 6 section 51(1)
APPLICATION FOR CERTIFICATION OF A VARIATION PLAN
To: The Commissioner of Lands
I/We of [Here state address and occupation] are the sole proprietor/allthe proprietors of the units on Strata PlanNo......................................................... I/We attach theconsent(s) of every chargee in respect of any unit affected by the variationplan.
AND I/We hereby apply for the certification of the attached variation planunder the provisions of the (Land Code (Strata)) Act.
DATED this .............................................. day of...................................
................................................................. Signature of Proprietor(s)
Form 7 section 54(2)
APPLICATION TO CANCEL A STRATA PLAN BY CONSENT
I/We [Here state name, address, and occupation] being the proprietor(s) of all the units shown on Strata Plan Number ................................. hereby apply to have this strata plan cancelled.
I/We attach the documents referred to in section 54(2) of the Land Code (Strata) Act.
DATED at ............................... this ......................... dayof .............................
..............................................................Applicant(s)
Certificate as to debts and as to notice
We, the undersigned, being the members of the committee of Strata
Corporation Number ............................................... herebycertify —
1. that to the best of our knowledge and belief all chargesassessed before the date hereof in respect of any of the units or the commonproperty have been paid, at the date of this certificate.
2. that notice of the intention to make the attached application wasduly served on [Here state name, address and occupation], being the original proprietor(s).
DATED this .............................................. day of...................................
................................................................... Signed bythe Members of the Committee
NOTE: If there is no committee the reference to the committeein the certificate should be deleted and the certificate should be signed by allthe proprietors.
Consent of Administrator
(omit if no administrator has been appointed)
I [Here state name, address and occupation] being duly appointed the administrator of Strata Corporation Number............................................... by virtue of an order of theHigh Court made at .................................................... on the............................. day of....................................................................... herebyconsent to the attached application.
DATED this .............................................. day of...................................
.................................................. Administrator
Form 8 section 59(2)
APPLICATION TO CANCEL A STRATA PLAN PURSUANT TO A COURT ORDER
I/We [Here state name, address and occupation] hereby apply to have Strata
Plan Number ....................................... cancelled on thefollowing grounds —
1. that on the ...................................... day of............................................ I/We applied to the High Court foran order that Strata Plan Number ............. be cancelled.
2. that on the ................................. day of.................................. the High Court duly ordered that the saidstrata plan be cancelled, as is evidenced by the copy of the order of the saidCourt annexed and marked “A”.
3. that notice of my/our intention to make this application wasduly served on [Here state name, address and occupation], being the original proprietor(s) of the land on the ........................ day of............................... DATED this.............................................. day of...................................
..............................................................Applicant(s)
CERTIFICATE OF DEBTS
We, the undersigned, being the members of the committee of the StrataCorporation Number ............................... hereby certify that to thebest of our knowledge and belief all charges assessed before the date hereof inrespect of any of the units or common property have been paid.
DATED this .............................................. day of...................................
..................................................................... Signedby all members of the committee
NOTE: Where there is no committee, the references to the committee in the certificate should be deleted and the certificate should be signed by all the proprietors of the units. Where the Court has ordered that this certificate may be dispensed with, a certificate to that effect should be given.
Consent of Administrator
NOTE: Omit if no administrator has been appointed or if his consenthas been dispensed with by the Court or if he is one of the applicants to theCourt.
I [Here state name, address and occupation] being duly appointed the administrator of Strata Corporation Number............................................... by virtue of an order of theHigh Court made on the ............................................. day of .......................................... hereby consent to the attachedapplication.
.................................................. Administrator
SECOND SCHEDULE
section 47(1)
RULES THAT MAY BE AMENDED BY UNANIMOUS RESOLUTION
Duties of Proprietor
1. A proprietor shall —
(a) permit the strata corporation or its agents or servants at allreasonable hours to enter into and upon his or her unit for any of the followingpurposes, that is to say —
(i) viewing the condition of the unit;
(ii) maintaining, repairing or renewing any pipes, conduits, wires,cables or ducts for the time being in, upon or passing through his unit andcapable of being used in connection with the enjoyment of any other unit orcommon property;
(iii) maintaining, repairing or renewing any common property; and
(iv) ensuring that the rules are being observed.
(b) comply in all respects with all written laws for the time being in force in the area in which his or is situated insofar as theyrelate to the use, occupation or enjoyment of his unit;
(c) forthwith and at all times carry out all work that may beordered by any government, local or statutory authority, or relevant authorityin respect of his unit to the satisfaction of that body or authority;
(d) duly and punctually pay all taxes, charges and otheroutgoings from time to time payable in respect of his unit and all servicecharges and other sums properly levied in respect of his unit by the stratacorporation;
(e) repair and maintain his unit and keep it in sufficiently good order, repair and condition to ensure that no damage or harm shall ensue to the common property or any other unit in the building of which his unit forms part;
(f) make no additions or structural alterations to the unitwithout the consent of the strata corporation.
Powers and Duties of Strata Corporation
2. The strata corporation shall —
(a) repair and maintain all chattels, fixtures and fittingsincluding stairs, lifts, elevators and fire escapes and fire safetyequipment used or intended, adapted or designed for use, in connectionwith the common property or the enjoyment thereof;
(b) repair and maintain all pipes, wires, cables, ducts and all other apparatus and equipment of whatsoever kind and wheresoever situate which may be reasonably necessary for the enjoyment of an incidental right which may from time to time exist by virtue of section 24 of the (Land Code (Strata)) Act.
(c) on request, produce to any unit proprietor or a registeredchargee of any unit or any person authorised in writing by any unit proprietoror registered chargee of any unit, all policies of insurance effected by thestrata corporation under the provisions of section 30 of the (Land Code(Strata)) Act and the receipt for the last premiums paid in respectthereof.
3. The strata corporation may —
(a) borrow any money necessary to enable it adequately toperform its duties or exercise its powers.
(b) invest any money for the time being held by it whether in a fundestablished under section 30 of the (Land Code (Strata)) Act or otherwise.
(c) establish bank accounts and nominate for the purpose of thisparagraph, the persons who may operate those accounts.
(d) enter into any agreement with a proprietor or an occupier of anyunit for the provision of amenities or services by it to the unit or to theproprietor or occupier.
(e) grant to a proprietor of a unit or to anyone claiming through him any special privilege not being a lease, in respect of the enjoyment of part or parts of the common property provided that any such grant shall be determinable by special resolution of the strata corporation.
Committee of a Strata Corporation
4. Where there are more than three proprietors, the powers and dutiesof the strata corporation shall be exercised and performed by a committee,subject to any restriction imposed or direction given at a general meeting ofthe strata corporation.
5. Until the first annual general meeting of the stratacorporation, the proprietors of all the units shall constitute the committee. Thereafter the committee shall consist of such number ofproprietors, not being fewer than three, as is fixed from time to time by thestrata corporation at an annual general meeting.
6. The members of the committee shall be elected at each annualgeneral meeting, to hold office until the next annual general meeting providedthat, unless the committee consists of all the proprietors, the strata corporation may by resolution at an extraordinary general meeting remove anymember of the committee before the expiration of his term of office andappoint another proprietor in his place to hold office until the next annualgeneral meeting.
7. Any casual vacancy on the committee may be filled by the remainingmembers of the committee.
8. The quorum necessary for the transaction of the business ofthe committee shall be 50% of the members or not less than 2 whichever is thegreatest.
9. If the number of committee members is reduced below the numberwhich would constitute a quorum, the remaining members may act for the purpose of increasing the number of members to that number or of summoning ageneral meeting of the strata corporation, but for no other purpose.
10. At meetings of the committee, all matters shall be determined by a simple majority of votes. In the case of equality of votes the chairperson for the time being of the meeting shall have a casting vote as well as a deliberative vote.
11. Subject to any restriction imposed or direction given at a general meeting, the committee may —
(a) meet for the conduct of business, adjourn and otherwiseregulate its meetings as it thinks fit provided that it shall meet when any member of the committee gives to the other members not less than 7 daysnotice of a meeting proposed by him, specifying the reason for calling themeeting;
(b) employ for and on behalf of the strata corporation suchassets and servants as it thinks fit in connection with the control,management and administration of the common property and the exercise and performance of the powers and duties of the strata corporation;
(c) from time to time elect one of its members to act asconvener of the committee;
(d) delegate to one or more of its members such of its powers andduties as it thinks fit and at any time revoke the delegation;
(e) whenever it thinks fit, convene an extraordinary generalmeeting of the strata corporation.
12. The Committee shall —
(a) keep minutes of its proceedings;
(b) cause minutes to be kept of general meetings of the stratacorporation and include therein a record of all unanimous resolutions;
(c) cause proper books of account to be kept in respect of all sumsof money received and expended by it and the matters in respect of which allsuch income and expenditure is received or incurred;
(d) prepare proper accounts relating to all money of the stratacorporation and the income and expenditure thereof and arrange for the accountsof the strata corporation for each year to be duly audited by an independent auditor, for a copy of the duly audited annual accounts to be sent to each proprietor before each annual general meeting of the strata corporationand for the duly audited annual accounts to be presented to each annualgeneral meeting of the strata corporation;
(e) on application by a proprietor or a chargee of a unit or anyperson authorised in writing by either of them, make the books of accountand all minutes available for inspection at all reasonable times;
(f) upon a requisition in writing made by proprietors entitled to 25% of the total unit entitlement of the units, convene an extraordinary general meeting of the strata corporation.
13. Except as provided in rule 9, no act or proceeding of thecommittee or of any person acting as a member of the committee shall beinvalidated in consequence of there being a vacancy in the number of thecommittee at the time of that act or proceeding or of the subsequent discoverythat there was some defect in the election or appointment of any person soacting or that he was incapable of being or had ceased to be such a member.
General Meetings of a Strata Corporation
14. Subject to rule 30, a general meeting of the strata corporation tobe called the annual general meeting shall, in addition to any other meeting, beheld at least once in every calendar year and not more than 15 months after theholding of the last preceding annual general meeting. The first annual generalmeeting of the strata corporation shall be held within 3 months after the dateof the certification of the strata plan by the Commissioner or of the first saleof a unit, whichever is the later.
15. All general meetings of the strata corporation other than annual general meetings shall be called extraordinary general meetings.
16. At least 21 days notice of every general meeting of the strata corporation specifying the place, the date and the hour of the meetingand the proposed agenda shall be given to all persons entitled to exercise avote in accordance with the provisions of section 33 of the (Land Code (Strata))Act and of rule 23 provided that accidental omission to give such notice toanyone so entitled shall not invalidate any proceedings at any such meeting.
17. Any notice required to be given under rule 16 shall be sufficiently given if delivered personally to the person concerned or left or sent by letter posted to the person concerned, at the last address of that person notified to the strata corporation, or if no such address has been so notified at that person’s last known place of residence, provided that, if a proprietor advises the strata corporation in writing that he requires notices sent to him by post to be sent by registered post, a notice thereafter sent to him by post shall not be sufficiently given unless it is sent by registered post.
18. At a general meeting of the strata corporation, the personsentitled on an ordinary resolution to exercise the voting power in respect ofnot less than one-half of the units shall constitute a quorum.
19. Save as otherwise provided in these Rules, no business shallbe transacted at any general meeting of the strata corporation unless a quorumis present at the time.
20. If within half an hour from the time appointed for a generalmeeting of the strata corporation a quorum is not present, the meetingshall stand adjourned to the same day in the next week at the same place andtime, and if at the adjourned meeting a quorum is not present within half anhour from the time appointed for the meeting the number of personspresent and entitled to vote at the expiration of that half hour shallconstitute a quorum.
21. At a general meeting of the strata corporation, the chairpersonshall normally be the convener of the committee if he is present. If there is no convener or if the convener is not present or is unwilling to act, achairperson shall be elected at the commencement of the meeting.
22. Save as otherwise provided by the (Land Code (Strata)) Act orthese Rules, all matters at a general meeting of the strata corporationshall be determined by a simple majority of votes. In the case of equality ofvotes the chairperson for the time being of the meeting shall have a casting vote as well as a deliberative vote.
23. Subject to the provisions of section 33 of the (Land Code(Strata)) Act at any general meeting of the strata corporation —
(a) where a unanimous resolution is required, each person who is aproprietor shall be entitled to exercise one vote;
(b) in all other cases one vote only shall be exercised in respectof each principal unit, and no separate vote may be exercised in respectof any accessory unit;
(c) notwithstanding the above, any proprietor who at the time ofvoting is in default with respect to service charges shall not be entitled tovote.
24. At any meeting of the strata corporation any person presentand entitled to vote on the matter that is under consideration may demand a pollthereon, which shall be taken in such manner as the chairperson thinks fit.
25. The result of the poll shall be deemed to be theresolution of the meeting at which it was demanded. Where a poll is notdemanded, a declaration by the chairperson that a resolution has been carriedshall be conclusive evidence of that fact without proof of the number orproportion of votes recorded for or against the resolution.
26. Any vote to be cast at a general meeting of the strata corporationmay be exercised personally or by proxy. Where 2 or more persons are jointlyentitled to exercise one vote and wish to do so by proxy, that proxy shall bejointly appointed by them and may be one of them. A proxy shall beappointed in writing. If only one of those persons is present at a generalmeeting and they have not appointed a proxy as aforesaid, he may exercise thevote.
27. Where a poll is demanded or a special resolution is beforethe meeting, each vote shall correspond in value with the unit entitlement ofthe principal unit and accessory unit, if any, in respect of which it isexercised. In all other cases each vote shall be of equal value.
28. Except where a unanimous resolution is required, a power of votingin respect of a unit shall not be exercised unless all amounts accrued, due andpayable under the (Land Code (Strata)) Act to the strata corporation inrespect of the unit in respect of which the vote is exercisable have been dulypaid.
29. If there is no committee, the responsibility for the matters set out in rule 12 except paragraph (a) and the powers given to the committee by rule 11 except paragraph (a) , shall be those of the strata corporation; and, unless the context otherwise requires, every reference in these rules to the committee shall be read as a reference to the strata corporation.
Resolutions not to hold meetings
30. It shall not be necessary for meetings of the strata corporation to be held as provided for by rule 14 if, instead of holding any annual general meeting, an entry is made in the Minute Book of the strata corporation signed by all the proprietors which entry may include any resolution envisaged by rule 31, resolving not to hold an annual general meeting.
Resolutions by entry in the Minute Book
31. Notwithstanding anything elsewhere contained in these Rules, anyresolution may, without a meeting or any previous notice being required, bepassed by means of an entry in the strata corporation’s Minute Book signedby all the proprietors.
Secretary of Strata Corporation
32. Where there are more than 3 proprietors, a secretary who may ormay not be a proprietor, shall be appointed by the strata corporation at itsfirst annual general meeting for such term, at such remuneration and upon suchconditions as it may approve; and any secretary so appointed may beremoved by the strata corporation, either at a subsequent annual generalmeeting or at an extraordinary general meeting called for that purpose. At anysuch meeting the secretary shall have the right to attend and be heard.
33. The function of the secretary shall be to keep proper books ofaccount in which shall be kept full, true and complete accounts of the affairs and transactions of the strata corporation and to carry out such otherfunctions as may from time to time be delegated to him by the stratacorporation.
34. The secretary shall in each year prepare a balance sheet showingthe strata corporation’s financial dealings during that year and shall,within 6 months after each annual general meeting, send a copy of the latestbalance sheet to every proprietor.
35. If there is no secretary, the responsibility for the matters set out in rules 33 and 34 shall be those of the proprietors jointly and everyreference in rules 33 and 34 to the secretary shall be read as a reference tothe proprietors jointly.
Miscellaneous
36. The common seal of the strata corporation shall not be usedwithout the authority of the committee of the strata corporation previouslygiven or of all the proprietors where there is no committee. Whenever the seal is affixed to any instrument, that instrument shall be attested byat least 2 members of the committee or, where an administrator has beenappointed or where there is no committee, by the administrator or by allproprietors as the case may be.
37. For the purposes of these Rules, a special resolution means a resolution proposed at a general meeting of the strata corporation of which atleast 21 days’ notice specifying the intention to propose the resolutionas a special resolution has been given.
38. Where a resolution is proposed as a special resolution, the voteof the meeting shall be taken in the same way as if it had been proposedas an ordinary resolution and a poll had been demanded. A special resolutionshall not however be deemed to be carried unless persons entitled to exercisenot less than three-fourths of the value of the votes and not less thanthree- fourths of the number of votes exercisable in respect of all the unitsvote in favour of it.
Bye-laws of Strata Corporation
39. The strata corporation may make such bye-laws as it may deemnecessary or desirable from time to time in relation to the use, safety andcleanliness of the units and the common property and the conduct of theproprietors, lessees or occupiers who shall at all times observe and performsuch bye-laws.
THIRD SCHEDULE section 47(2)
RULES THAT MAY BE AMENDED BY RESOLUTION OF STRATA CORPORATION
1. A proprietor, lessee or occupier of any unit shall not —
(a) use or permit his unit to be used for any purpose which isillegal or may be injurious to the reputation of the building;
(b) make undue noise in or about any unit or common property;
(c) keep any animal on his unit or the common property without theprior consent of the committee of the strata corporation or if there is nocommittee, of the strata corporation;
(d) use the common property in such a manner as unreasonably to interfere with the use and enjoyment of the common property by other proprietors, lessees or occupiers or their visitors, or allow any vehicle or thing or chattel belonging to him or to an invitee or agent of that person, to be placed or parked upon any part of the common property or do or permit to be done anything whereby any obstruction, restriction or hindrance may be caused to the common property or to persons lawfully using the same.
(e) use his unit or permit it to be used in such manner or forsuch purpose as to cause a nuisance or disturbance to any proprietor, lessee oroccupier of any other unit;
(f) paint the external portion of any unit without receiving the priorwritten consent of the strata corporation to such painting and the stratacorporation’s consent shall not be given to any colour or descriptionwhich may constitute a detraction in any way from the general appearanceof the building;
(g) exhibit or put on any part of the outside of any building or onany unit or common property, any trade, business, professional or advertising sign, or any notice or name board or plate, without obtaining the priorwritten consent of the strata corporation, who may set down such rules as theydeem expedient and appropriate in order that any such sign, notice, board orplate shall not constitute a detraction in any way from the generalappearance of the building. Provided, however, that one sign identifying anyunit and measuring no more than 50 centimeter and 30 centimeter square may beattache to the exterior of any unit without the consent of the strata corporation;
(h) hold any auction sale in any part of the building or commonproperty without the prior written approval of the strata corporation;
(i) deposit or throw rubbish, dirt, trade waste material or othermaterial anywhere except into bins or receptacles provided for this purposeand in accordance with directions given by the strata corporation from time to time and shall ensure that any refuse is securely wrapped;
(j) use or store within his unit or permit to be brought in or upon or stored within his unit, any machinery or goods or things of anoffensive, noxious, illegal or dangerous nature, or of such weight, size orshape as is likely to cause damage to the unit or common property;
(k) mark, paint, drive nails or screws of the like, into or otherwise damage or deface any structure which forms part of the common property without the prior approval in writing of the strata corporation;
(l) damage any lawn, gardens, trees, shrubs, plant or flower beingpart of or situated upon common property or use for his own purposes as a gardenany portion of the common property except with the consent of the stratacorporation;
(m) on the common property, use language or behave in a manner likely to cause offence or embarrassment to any other proprietor, lessee,or occupier or to any person lawfully using same.
2. For the purpose of ensuring adequate and proper control and management of the units and of the common property at all times, everyproprietor shall when creating a lease or tenancy or other right of occupationin favour of some other person, ensure that a copy of the Rules of the bodycorporate is at all times available for perusal by any occupier of his unit.
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