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34. Rights of proprietor in his parcel and common property.
(1) Subject to this section and other provisions of this Act,
a proprietor shall have-
(a) in relation to his parcel
(in the case of a parcel proprietor) the powers conferred by the National
Land Code on a proprietor in relation to his land; and
(b) in relation to the common
property, the right of user which he would have if he and the other proprietors
were co-proprietors thereof.
(2) No rights in an accessory parcel shall be dealt with or
disposed of independently of the parcel to which such accessory parcel has been
made appurtenant.
(3) No rights in the common property shall be disposed of
by a proprietor except as rights appurtenant to a parcel; and any disposition
of a parcel by a proprietor shall without express reference include a like disposition
of the rights in the common property which are appurtenant to the parcel.
35. Rights of support, service and shelter.
(1) In favour of and against each parcel proprietor there
shall be implied a right of support and a right of service.
(2) Each parcel proprietor shall be entitled to have his parcel
sheltered by all such parts of the subdivided building as are capable of affording
shelter and may, for the purpose of replacing, renewing or restoring any such
shelter, enter upon the common property or any other parcel.
(3) The rights and obligations mentioned in subsections (1)
and (2) shall be effective without memorial or notification in the strata register,
and there shall be implied in respect of them such ancillary rights and obligations
as are reasonably necessary to make them effective.
(4) In this section-
"right of support" means a right to subjacent and lateral
support by the common property and by every other parcel capable of affording
support;
"right of service" means rights to the passage or provision
of water, sewage, drainage, gas, electricity, garbage, artificially cooled or
heated air and other services (including telephone, radio and television services)
through or by means of pipes, wires, cables or ducts.
36.
Share unit entitlements.
The value of each parcel, except in the case of an accessory
parcel where no share value shall be allotted, shown in the schedule of share
units shall be taken as the share unit entitlement, and in the case of a provisional
block the value shall be taken as the provisional share unit entitlement. The
share units of a parcel or the provisional share units in the case of a provisional
block as specified in the strata title or in the provisional strata title, as
the case may be, shall determine-
(a) the voting rights of the
proprietors;
(b) the quantum of the undivided
share of each proprietor in the common property; and
(c) the proportion payable
by each proprietor of the contribution levied by the management corporation
pursuant to section 45, 63 or 66.
37. Restrictions on voting rights.
(1) Where a parcel proprietor is for any reason, unable to
control his property, the powers of voting conferred on him by the Second Schedule
shall be exercisable by the person who is for the time being authorised by law
to control that property.
(2) (Deleted by Act
1290)
38. Power of court where no person is able to vote in respect
of a parcel.
Where a court of competent jurisdiction on the application
of the management corporation or a proprietor, is satisfied that there is no
person who is able to vote in respect of a parcel, the court-
(a) shall, in cases where a
unanimous resolution is required; and
(b) may, in any other case,
appoint a Public Trustee or some other fit and proper person
to exercise such of the powers of voting attached to the parcel by the Second
Schedule, as the court may determine.
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