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STRATA TITLES ACT 1985
ACT 318
THIRD SCHEDULE
BY-LAWS FOR THE REGULATION OF SUBDIVIDED BUILDINGS
(Sections 44 and 62)
PART I
1. Interpretation.
(1) In the application of these by-laws to any particular subdivided building
the word "corporation" shall mean the management corporation of the building.
(2) Except for paragraph (g) of by-law 2, references in these by-laws
to a parcel proprietor however expressed, where the context so admits, in the
case of a parcel occupied by a person who is not the parcel proprietor, shall
be construed as including the occupier of that parcel.
2. Duties of parcel proprietor.
(1) A proprietor shall-
(a) permit the corporation and its agents at all reasonable times
and on reasonable notice being given (except in the case of emergency when
no notice is required) to enter his parcel for the purposes of-
(i) inspecting the parcel;
(ii) maintaining, repairing or renewing pipes, wires, cables and ducts
used or capable of being used in connection with the enjoyment of any other
parcel or the common property;
(iii) maintaining, repairing or renewing the common property; and
(iv) executing any work or doing any act reasonably necessary for or
in connection with the performance of its duties or the enforcement of these
by-laws or other by-laws affecting the building;
(b) forthwith carry out all the work ordered by any competent public
or statutory authority in respect of his parcel other than such work for the
benefit of the building generally, and pay all assessments, charges and outgoings
which are payable in respect of his parcel;
(c) repair and maintain his parcel and keep it in a state of good
repair, reasonable wear and tear, and damage by fire, storm, tempest or act
of God excepted;
(d) (Deleted by Act A753);
(e) not use or permit his parcel to be used in such a manner or
for such a purpose as to cause nuisance or danger to any other proprietor
or the families of such proprietor;
(f) not use his parcel contrary to the terms of use of the parcel
shown in the plan approved by the relevant authority; and
(g) notify the corporation forthwith of any intended change in the
proprietorship of his parcel or of any other dealing with his parcel of which
he is aware, for entry in the strata roll maintained by the corporation for
this purpose.
(2) A proprietor shall use and enjoy the common property in such manner as
not to interfere unreasonably with the use and enjoyment thereof by other proprietors
or their families or visitors.
3. Common property for
common benefit.
The corporation shall control, manage and administer the common property
for the benefit of all the proprietors:
Provided that the corporation may, by agreement with a particular proprietor,
grant him exclusive use and enjoyment of part of the common property or special
privileges in respect of the common property or part of it.
4. Provision of amenities
or services.
The corporation may make an agreement with a particular proprietor for the
provision of amenities or services by the corporation to or in respect of his
parcel.
5. Functions of the corporation.
The corporation shall-
(a) maintain in a state of good and serviceable repair, the fixtures
and fittings (including lifts) existing on the lot and used or capable of
being used in connection with the enjoyment of more than one parcel or the
common property;
(b) where practicable, establish and maintain suitable lawns and
gardens on the common property;
(c) maintain, repair and (where necessary) renew sewers, pipes,
wires, cables and ducts existing on the lot and used or capable of being used
in connection with the enjoyment of more than one parcel or the common property;
(d) on the written request of a proprietor or of a registered chargee
of a parcel, the corporation shall produce to the proprietor or chargee, as
the case may be, (or to a person authorised in writing by the proprietor or
chargee) all policies of insurance effected by the corporation together with
the receipts for the last premiums paid in respect of the policies; and
(e) without delay enter in the strata roll any intended change or
any other dealing notified to it pursuant to subparagraph (g) of paragraph
(1) of by-law 2.
PART II
6. Prohibitions for parcel
proprietor.
A parcel proprietor shall not-
(a) use his parcel for any purposes (illegal or otherwise) which
may be injurious to the reputation of the building;
(b) use as fuel any substance or material which may give rise to
smoke or fumes or obnoxious smells;
(c) throw or allow to fall, any refuse or rubbish of any description
on the common property or any part thereof except in refuse bins maintained
by him or in refuse chutes provided in the building; or
(d) keep any animal in his parcel or on the common property which
may cause annoyance to any other proprietor.
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