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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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