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43. Duties and powers of management corporation.
(1) The duties of the management corporation include the following:
(a) to manage and properly maintain the common property and keep
it in a state of good and serviceable repair;
(b) to insure and keep insured the subdivided building
or land to the
replacement value thereof against fire and such other risks as may be
prescribed under this Act;
(c) to effect such other insurance of the subdivided building
or land as
may be required by law;
(d) to insure against such other risks as the proprietors may by
special resolution direct;
(e) to apply insurance moneys received by it in respect of
damage to the subdivided building or land in rebuilding and reinstating it in so
far as it may be lawful to do so, subject to any order made by the court
under section 56;
(f) to pay premiums on any insurance effected by it;
(g) to comply with any notices or orders given or made by any
competent public or statutory authorities requiring the abatement of any
nuisance on the common property, or ordering repairs or other work to be
done in respect of the common property or any building
or land or other
improvements on the lot;
(h) to comply with any such notices or orders as are referred to
in paragraph (g) given or made in respect of any of the parcels, if
the proprietor fails to do so within a reasonable time;
(i) to prepare and maintain, in such form as may be prescribed,
a strata roll for the subdivided building or land; and
(j) (Deleted by Act 1290)
(2) The powers of the management corporation shall include the following:
(a) to recover from any parcel proprietor any sum expended by
the management corporation in respect of that proprietor's parcel in
complying with any such notices or orders as are referred to in paragraph (h) of subsection (1);
(b) to purchase, hire or otherwise acquire movable property for
use by the parcel proprietors in connection with their enjoyment of the
common property;
(c) to borrow moneys required by it in the exercise of its
powers or the performance of its duties;
(d) to secure the repayment of moneys borrowed by it and the
payment of interest thereon by negotiable instrument or by a charge of
unpaid contributions to the management fund, (whether already levied or
not) by a charge of any property vested in it or by a combination of any
of those means;
(e) to collect during the initial period by way of contributions
from proprietors in proportion to the share units or provisional share
units of their respective parcels or provisional blocks; and
(f) to do all things reasonably necessary for the performance of
its duties under this Part and for the enforcement of the by-laws set out
in the Third Schedule.
(3) The management corporation shall be deemed-
(a) for the purposes of effecting any insurance under paragraph (b) or (c) of subsection (1), to have an insurable interest
in the subdivided building equal to its replacement value; and
(b) for the purposes of effecting any insurance under paragraph (d) of subsection (1), to have an insurable interest in the subject
matter of the insurance.
(4) A policy of insurance taken out by the management corporation under
this section in respect of the subdivided building shall not be liable to be
brought into contribution with any other policy of insurance, except another
policy taken out under this section in respect of the same subdivided
building.
(5) Where the management corporation performs any repairs, work or act
that is required or authorised by or under this Part or by or under any
other written law to perform (whether or not the repairs, work or act were
or was performed consequent upon the service on it by any Government or
statutory authority of any notice or order), but the repairs, work or act
were or was wholly or substantially the liability or the responsibility of
the proprietor of a parcel only, or wholly or substantially for the benefit
of some of the parcels only, any money expended by the management
corporation in performing the repairs, work or act shall-
(a) in the case where the repairs, work or act were or was
wholly or substantially the liability or the responsibility of the
proprietor of a parcel only, be recoverable by the management corporation
in an action in a court of competent jurisdiction as a debt due to it
jointly and severally from-
(i) the relevant proprietor of the parcel at the time when the repairs,
work or act were or was performed; and
(ii) the relevant proprietor of the parcel at the time when the action
was commenced; or
(b) in the case where the repairs, work or act were or was
wholly or substantially for the benefit of some of the parcels only, or
wholly or substantially the liability or the responsibility of the
proprietors of some of the parcels only, be recoverable by the management
corporation in an action in a court of competent jurisdiction as a debt
due to it jointly and severally from-
(i) the relevant proprietor of each of such parcels at the time when
the repairs, work or act were or was performed; and
(ii) the relevant proprietor of each of such parcels at the time when
the action was commenced,
the amount payable by any proprietor and former proprietor in respect of
any parcel being not more than the proportion of the debt which the share
unit of the parcel then bears to the total share units of all those parcels.
(6) A proprietor of a parcel who is not the proprietor of the parcel at
the time when the repairs, work or act referred to in subsection (5) were or
was performed shall not be liable to pay the management corporation any
amount due under that subsection if he has, at any time on or within
twenty-one days before the date he acquired the title or interest in the
parcel, made a requisition in writing to the management corporation to
inquire about the amount (if any) recoverable by the management corporation
under that subsection in respect of the parcel and the management
corporation has-
(a) certified that no amount is recoverable by the management
corporation in respect of the parcel; or
(b) not given a reply to the requisition at any time within
fourteen days of the date of the service of the requisition.
(7) Where the management corporation incurs any expenditure or performs
any repairs, work or act that it is required or authorised by or under this
Part or by or under any other written law to perform (whether or not the
expenditure was incurred or the repairs, work or act were or was performed
consequent upon the service on it by any Government or statutory authority
of any notice or order) and the expenditure or the repairs, work or act were
or was rendered necessary by reason of any wilful or negligent act or
omission on the part of, or breach of any provision of its by-laws by, any
person or his tenant, lessee, licensee or invitee, the amount of that
expenditure of any money expended by it in performing the repairs, work or
act shall be recoverable by it from that person as a debt in an action in
any court of competent jurisdiction.
(8) The generality of this section shall not be prejudiced by any other
provision in this Part conferring a power or imposing a duty on the
management corporation.
44. By-laws for the regulation of a subdivided building
or land.
(1) The by-laws set out in the Third Schedule shall, as and from the
opening of a book of the strata register be in force for all purposes in
relation to every subdivided building or land and shall not be amended by the
management corporation.
(2) The management corporation may by special resolution make additional
by-laws, or make amendments to such additional by-laws, not inconsistent
with the by-laws set out in the Third Schedule, for regulating the control,
management, administration, use and enjoyment of the subdivided building
or land.
(3) The by-laws for the time being in force in respect of the subdivided
building or land shall bind the management corporation and the proprietors to the
same extent as if they constituted properly executed agreements-
(a) on the part of the management corporation with each
proprietor; and
(b) on the part of each proprietor with every other proprietor
and with the management corporation,
to observe and perform all the provisions of the by-laws.
(4) The management corporation shall-
(a) keep a record of the by-laws in force from time to time;
(b) on receipt of an application in writing made by a proprietor
or by a person duly authorised to apply on behalf of a proprietor for a
copy of the by-laws in force, supply to such proprietor or duly authorised
person at a reasonable cost a copy of the by-laws; and
(c) on the application of any person who satisfies the
management corporation that he has a proper interest in so applying, make
such by-laws available for inspection.
(5) No by-law is capable of operating-
(a) to prohibit or restrict the transmission, transfer, lease or
charge of, or any other dealing with any parcel of a subdivided building;
and
(b) to destroy or modify any easement expressly or impliedly
created by or under this Act.
(5A) In subsection (5) "easement" includes a right or obligation created
by section 35.
(6) A copy of any by-laws made by the management corporation under
subsection (2) and any amendment of any by-laws for the time being in force,
certified as a true copy under the seal of the management corporation, shall
be lodged by the management corporation with the
Commissioner within thirty days
of the passing of the resolution by the management corporation approving the
by-laws.
(7) The management corporation or any proprietor shall be entitled to
apply to a court of competent jurisdiction-
(a) for an order to enforce the performance of, or restrain the
breach of, any by-laws by; or
(b) to recover damages for any loss or injury to any persons or
properties arising out of the breach of any by-law from,
any persons bound to comply therewith, the management corporation or the
administrator, and the court may make such order against any such persons,
the management corporation or the members of its council, or the
administrator, as the court thinks fit.
45. Management fund.
(1) The management corporation shall establish a management fund
sufficient in the opinion of the management corporation to meet the
administrative expenses as may be incurred for the purposes of controlling,
managing and administering the common property, paying rent, rates and
premiums of insurance and discharging any other obligation of the management
corporation.
(2) The management corporation may invest any moneys in the management
fund, but only in such investments or in such manner as may be approved at a
general meeting.
(3) Subject to section 41A, for the purpose of establishing and
maintaining the management fund the management corporation may at a general
meeting-
(a) determine from time to time the amount to be raised for the
purposes mentioned in subsection (1);
(b) raise the amounts so determined by levying contributions on
the proprietors in proportion to the share units or provisional share
units of their respective parcels or provisional blocks; and
(c) determine the amount of interest payable by a proprietor in
respect of late contributions which shall not exceed the rate of ten per
cent per annum.
(4) On application by or on behalf of a person who is a proprietor of a
parcel, or by or on behalf of a prospective purchaser of a parcel that is
offered for sale, or by or on behalf of the chargee or prospective chargee
of a parcel, the management corporation shall issue to that person a
certificate certifying-
(a) the amount determined, pursuant to subsection (3), as the
contributions of that proprietor;
(b) the time and manner of payment of the amount determined by
it pursuant to that subsection;
(c) the extent, if any, to which the contribution has been paid;
(d) the amount (if any) then recoverable by the management
corporation in respect of the parcel pursuant to subsection (5) of section
43;
(e) the sum standing to the credit of the management fund and
the amount out of that fund committed or reserved for any expenses already
incurred by the management corporation; and
(f) whether or not the management corporation has incurred any
expenditure or is about to perform any repairs, work or act in respect of
which a liability is likely to be incurred by the proprietor of the parcel
under any provision of this Part and, if so, the estimated amount of the
expenditure or the general nature of the repairs, work or act, and as
against the management corporation and in favour of any person (including
the member) relying in good faith on such certificate, that certificate
shall be conclusive evidence of the matters certified therein.
(5) Any contribution levied under subsection (3) in respect of a parcel
shall be due and payable on the passing of a resolution to that effect by
the management corporation and in accordance with the terms of that
resolution, and may be recovered as a debt from a proprietor of, or his
successor in title to, the parcel.
(5A) Any contribution levied under subsection (3) in respect of a
provisional block shall be due and payable on the passing of a resolution to
that effect by the management corporation and in accordance with the terms
of that resolution, and may be recovered as a debt from the proprietor of
the provisional block or, where the building to which the provisional block
relates has been subdivided, from the proprietors of the parcels in the
building, or their successors in title, in proportion to the share units of
their respective parcels.
(6) For the purposes of subsection (5) the word "proprietor" shall
include -
(a) the person for the time being receiving the
rent of the parcel, whether as agent or trustee or as receiver, and who
would receive the same if the parcel were let to a tenant; or
(b) a purchaser to be duly registered as a
proprietor.
46. Special account.
The management corporation shall maintain a special account in which
shall be paid such portion of the contribution to the management fund as may
be from time to time determined under paragraph (ba) of subsection
(5) of section 41 by special resolution for the purposes of meeting its
actual or expected liabilities in respect of the following matters;
(a) for painting or repainting any part of the common property
which is a building or other structure;
(b) for the acquisition of any movable property for use in
relation with the common property;
(c) for the renewal or replacement of any fixtures or fittings
comprised in any common property and any movable property vested in the
body corporate; and
(d) for any other expenditure not being expenditure incurred
under subsection (5) of section 43 to meet a liability for maintenance or
for settling any defaults in payment by a proprietor.
47. Acquisition of additional land, grant and acceptance of easements, etc.
(1) The management corporation, if authorised by a unanimous resolution,
may-
(a) acquire land outside the lot to be used for purposes
connected with subdivided building or land;
(b) grant or accept the burden of an easement imposed on the lot
for the benefit of some other land;
(c) accept the benefit of an easement imposed in favour of the
lot on some other land; or
(d) (Deleted by Act A753).
(2) Land outside the lot acquired under paragraph (a) of
subsection (1) shall be treated and dealt with as if it were part of the
common property:
Provided that land so acquired shall be held on a separate title and
shall not be amalgamated with the lot.
(3) Where an instrument is executed by the management corporation in the
exercise of its powers under subsection (1)-
(a) the instrument shall be valid and effective without
execution by any proprietor or other person or body having an interest in
the land;
(b) the receipt of the management corporation for any moneys
payable to the corporation under the instrument shall be a good and
sufficient discharge which exonerates the person or body paying the moneys
from responsibility for the application thereof;
(c) when the instrument is lodged for registration it shall be
endorsed with or accompanied by a certificate under the seal of the
management corporation stating that-
(i) the resolution directing the transaction to which the instrument
relates was duly passed; and
(ii) the transaction conforms to the terms of the resolution;
(d) (Deleted by Act A753)
(e) a certificate given under paragraph (c) shall, in
favour of the Registrar or a party to the transaction other than the
management corporation, be conclusive evidence of the facts certified.
48. (Deleted by Act A753)
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