# legal_provisions

document_id: bsma-1998
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment of Chief Surveyor
content:
3. —(1) The Minister may appoint a Chief Surveyor who must administer this Act and act in accordance with any directions that may be given by the Minister. (2) If the Chief Surveyor is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for any reason temporarily unable to perform his or her duties, the Minister may appoint a person to act in the place of the Chief Surveyor during any such period of absence from duty. (3) The functions, duties and powers of the Chief Surveyor under this Act may be carried out, discharged, performed or exercised by any person who is duly authorised by the Chief Surveyor to act on the Chief Surveyor’s behalf.


document_id: bsma-1998
provision_ref: s4
chapter: PART 2 - SURVEY
section: 4
title: Survey requirements for land
content:
4. —(1) A cadastral survey for any parcel of land must not be taken to have been completed until — ( a ) the boundaries of the land have been determined by straight lines; ( b ) the physical boundaries of the land have been demarcated — (i) by boundary marks or defined by approved coordinates; or (ii) if it is impossible or impracticable to do so, by reference to floors and walls so as to enable the boundary lines of the land to be ascertained; ( c ) the area of the land has been determined; ( d ) a lot number has been assigned to the land by the Chief Surveyor; and ( e ) a survey plan, showing the location of the land and its boundaries, area, lot number and the boundary marks placed on the land or the approved coordinates, has been approved by, and is filed in the office of, the Chief Surveyor. (2) A certified plan is prima facie evidence of — ( a ) the boundaries and boundary marks of the parcel of land referred to in the certified plan; and ( b ) the area and the lot number of that land. (3) Any plan for a cadastral survey of a parcel of land approved by, and filed in the office of, the Chief Surveyor under the repealed Act is deemed to have been approved by, and filed in the office of, the Chief Surveyor under subsection (1)( e ).


document_id: bsma-1998
provision_ref: s5
chapter: PART 2 - SURVEY
section: 5
title: Powers of Chief Surveyor
content:
5. —(1) The Chief Surveyor has and may exercise the following powers: ( a ) to carry out a cadastral survey of any parcel of land for the purposes of this Act or any other written law and do anything reasonably necessary for the carrying out of the survey, including all or any of the following: (i) to carry out any preparatory work on the land and any adjacent land; (ii) to mark out the boundaries of the land; (iii) to place boundary marks on the land and any adjacent land; (iv) to alter, repair or remove any boundary mark placed on the land; (v) to remove or destroy trees, crops, fences and other property on the land and any adjacent land; ( b ) to establish a survey control mark on any parcel of land and to enter on the land and any adjacent land to do all things reasonably necessary for the establishment, protection, maintenance, repair, alteration or removal of the mark; ( c ) in respect of a cadastral survey of any parcel of land carried out and submitted by a registered surveyor — (i) to undertake field checks at any time; (ii) to make any computations, from the field books, calculation sheets and survey data deposited, that are necessary to prove the accuracy of the survey, the dimensions, areas, geographical position and the emplacement of boundary marks on the parcel of land; and (iii) to give any direction to the registered surveyor of the survey made by the registered surveyor. (2) In the exercise of the powers conferred by subsection (1), the Chief Surveyor and survey officer have the right of access to and entry upon any land, foreshore or seabed. (3) The powers conferred on the Chief Surveyor and survey officer by subsections (1) and (2) may be exercised at all reasonable times and with any number of assistants that the Chief Surveyor or survey officer (as the case may be) thinks appropriate.


document_id: bsma-1998
provision_ref: s6
chapter: PART 2 - SURVEY
section: 6
title: Duties of Chief Surveyor
content:
6. —(1) It is the duty of the Chief Surveyor — ( a ) to assign a lot number, strata lot number and accessory lot number which would enable a parcel of land to be identified for the purposes of any written law; ( b ) to maintain all survey records; ( c ) to make available copies of survey records and plans on payment of the prescribed fees; and ( d ) to perform such other functions specified in this Act or any other written law. (2) For the purposes of subsection (1), the Chief Surveyor may inspect all records submitted and deposited by any registered surveyor, and request for any information from any registered surveyor that the Chief Surveyor requires. (3) The survey records and plans for any land may be maintained by the Chief Surveyor in any electronic media or other means.


document_id: bsma-1998
provision_ref: s7
chapter: PART 2 - SURVEY
section: 7
title: Coordinated cadastre
content:
7. The Chief Surveyor is responsible for establishing a coordinated cadastre and may, for that purpose — ( a ) establish and maintain a network of survey control marks with recorded coordinates for use in surveying, mapping and related practice; ( b ) declare, by notice in the Gazette , specified areas to be designated survey areas, being areas of land in respect of which cadastral surveys must be carried out by reference to survey control marks in accordance with survey instructions under this Act, and for which coordinates must be determined in accordance with those instructions; ( c ) approve and record the coordinates of the boundaries of land within each designated area as determined by surveys carried out in the area (whether before or after the declaration of the area as a designated survey area), convert the coordinates recorded in relation to those parcels of land within the area and make any necessary adjustments to the recorded coordinates; ( d ) where the coordinates for all parcels of land within a designated survey area have been so approved, recorded, converted and adjusted, declare, by notice in the Gazette , that area to be within the coordinated cadastre; ( e ) generate, from the coordinated cadastre, maps for any area of land within the coordinated cadastre; and ( f ) where the coordinates for all parcels of land in Singapore have been declared to be within the coordinated cadastre under paragraph ( d ), declare, by notice in the Gazette , that the maps generated from the coordinated cadastre supersede all maps published under the repealed Act.


document_id: bsma-1998
provision_ref: s8
chapter: PART 2 - SURVEY
section: 8
title: Bench marks deemed conclusive evidence of height, etc.
content:
8. Every bench mark placed under the supervision of the Chief Surveyor in accordance with this Act is conclusive evidence for the purposes of determining the vertical distance between the Singapore Height Datum and any survey point above or below. [11/2015]


document_id: bsma-1998
provision_ref: s9
chapter: PART 2 - SURVEY
section: 9
title: Notice to clear boundary line
content:
9. —(1) A survey officer may cause a notice to be served on any person who is the owner of or has an interest in any land which is the subject of a cadastral survey calling upon that person to clear any boundary line of the land. (2) Where a person fails to carry out work which the person is required to carry out by a notice served on the person by a survey officer under subsection (1) — ( a ) the survey officer may himself or herself cause the work to be carried out; and ( b ) the cost of carrying out the work is recoverable from that person as a debt due to the Authority.


document_id: bsma-1998
provision_ref: s10
chapter: PART 2 - SURVEY
section: 10
title: Replacement or repair of boundary mark or survey control mark
content:
10. —(1) Every owner of any land must preserve the boundary marks erected on the boundaries of the land. (2) Where the Chief Surveyor becomes aware that any boundary mark or survey control mark erected on any land has been injured, destroyed or removed, or requires repairs, the Chief Surveyor may — ( a ) cause the mark to be replaced or repaired; and ( b ) recover the costs of the replacement or repair from the owners of the lands for which the boundary marks and survey control marks are to serve as boundaries as a debt due to the Authority, in any proportion that appears to the Chief Surveyor to be proper. (3) The costs of replacing or repairing boundary marks or survey control marks where the marks are to serve as boundaries of 2 or more parcels of land, including the costs of carrying out a cadastral survey if the survey has been made by the order of the Chief Surveyor, must be borne by the owners of the lands for which the marks are to serve as boundaries in any proportion that appears to the Chief Surveyor to be proper.


document_id: bsma-1998
provision_ref: s11
chapter: PART 2 - SURVEY
section: 11
title: Penalty for obliteration of boundary mark or survey control mark
content:
11. —(1) Any person who wilfully obliterates, removes or injures, without reasonable excuse, any boundary mark or survey control mark which has been made or erected by, or under the direction of, the Chief Surveyor shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and may further be required by a Magistrate’s Court to pay 3 times the cost of replacing and repairing the boundary mark or survey control mark and of making any survey rendered necessary by the act for which the person was convicted. (2) The amount mentioned in subsection (1) is to be levied in the manner provided by the Criminal Procedure Code 2010 for the collection of fines. (3) If any person committing an offence under this section cannot be found, the Chief Surveyor may give directions for the replacement or repair of any boundary mark or survey control mark, and may order the cost of the replacement or repair to be paid by the owners of the adjacent lands in any proportion that appears to the Chief Surveyor to be proper.


document_id: bsma-1998
provision_ref: s12
chapter: PART 3 - CONDUCT OF CADASTRAL SURVEYS
section: 12
title: Powers of entry for survey purposes
content:
12. —(1) For the purposes of conducting any cadastral survey or installing any boundary mark or survey control mark under this Act or any other written law, the Chief Surveyor may authorise, either generally or specially and subject to any conditions that the Chief Surveyor may impose, any registered surveyor who has in force a practising certificate or any assistant employed by the registered surveyor — ( a ) to enter and re-enter any land, seabed, foreshore or building at any reasonable time during the hours of daylight, with such workmen, aircraft, boats, vehicles, appliances, machinery and equipment as may be reasonably necessary to conduct the survey or to install the boundary mark or survey control mark; ( b ) to emplace any boundary mark or survey control mark in or upon such lands and premises, and to dig up any ground for the purpose of emplacing the boundary mark or survey control mark; and ( c ) to cut down and remove any tree or other growth which may obstruct any survey line or any boundary. (2) Before exercising any of the powers conferred by subsection (1) in respect of any land that is not a road, the person doing so must, where practicable, give reasonable notice to the occupier of the land of the intention to exercise those powers. (3) Any person exercising any power under subsection (1) must produce evidence of the person’s identity and authority to exercise those powers — ( a ) if practicable, on first entering the land or premises; and ( b ) whenever subsequently reasonably requested to do so. (4) Nothing in this section exempts any registered surveyor or the registered surveyor’s assistant or workman from liability for any damage caused in the exercise of the powers conferred by subsection (1). [11A


document_id: bsma-1998
provision_ref: s13
chapter: PART 3 - CONDUCT OF CADASTRAL SURVEYS
section: 13
title: Inspection of Authority’s survey maps, plans or survey records
content:
13. —(1) For the purpose of obtaining data for a cadastral survey, the survey plan of which is to be lodged with the Authority, a registered surveyor who has in force a practising certificate or an authorised employee or manager of a licensed corporation, partnership or limited liability partnership may, on payment to the Authority of the prescribed fee, at all reasonable times be permitted — ( a ) to inspect the relevant maps, plans or survey records lodged with the Authority; and ( b ) to take copies of such information from the maps, plans or survey records as he or she may require. [2/2007] (2) Any person referred to in subsection (1) must not remove any such maps, plans or survey records and shall be liable for any damage which the person may cause to them while they are under his or her control. [11B


document_id: bsma-1998
provision_ref: s14
chapter: PART 3 - CONDUCT OF CADASTRAL SURVEYS
section: 14
title: Deposit of survey plans and survey documents
content:
14. —(1) On completion of a cadastral survey, the registered surveyor who signs the survey plan of the cadastral survey must deposit that plan together with the relevant field books, calculation sheets and survey data (called in this Act survey documents) with the Authority, in any form that the Authority may approve. (2) If the survey plan is approved by the Chief Surveyor, the survey plan and survey documents deposited with the Authority under subsection (1) (including any copyright subsisting therein) are to be the property of the Authority and must be filed as permanent survey records. (3) The Chief Surveyor, on payment of the prescribed fee, may provide to any person applying for it a certified copy of any survey plan or survey document deposited with the Authority under subsection (1). (4) Every such certified copy of a survey plan or survey document signed by the Chief Surveyor shall be received in evidence in any court, or before any person having authority by law or by consent of parties to receive evidence, without proof of signature, as prima facie proof of all the matters contained in or entered on the survey plan or survey document, as the case may be. (5) A printout of any information stored in a computer in the Authority issued and signed by the Chief Surveyor shall be received in evidence in any court, or before any person having authority by law or by consent of parties to receive evidence, without proof of signature, as prima facie proof of all the matters contained in or entered on that document. [11C [4/2012]


document_id: bsma-1998
provision_ref: s15
chapter: PART 3 - CONDUCT OF CADASTRAL SURVEYS
section: 15
title: Approval of cadastral surveys and assurance plans
content:
15. —(1) No cadastral survey or survey plan thereof may be accepted or adopted for the purpose of any written law unless it has been approved by the Chief Surveyor. (2) No assurance plan may be lodged in the Registry of Deeds or the Land Titles Registry of the Authority (as the case may be) unless the assurance plan — ( a ) is signed by a registered surveyor and approved by the Chief Surveyor; and ( b ) bears a caution to the effect that the boundaries or dimensions and areas are inconclusive. (3) The Chief Surveyor may refuse to approve any survey plan or assurance plan under this section if — ( a ) the subdivision permission as required by section 12 of the Planning Act 1998 has not been obtained; ( b ) the prescribed survey fees have not been paid; or ( c ) an encroachment has been created by the purchaser or owner of a parcel of land being surveyed for any relevant purpose, which affects any parcel of land adjoining that parcel of land, and the registered surveyor who signs the plan has not certified that the encroachment has been resolved. (4) Where the subdivision of land has been authorised by a notification made by the Minister under section 21(6) of the Planning Act 1998, the Chief Surveyor is not, when the Chief Surveyor approves any survey plan under this section, obliged to enquire whether any condition set out in the notification or imposed by the competent authority under that Act has been satisfied or complied with. (5) Despite that a survey plan has been approved by the Chief Surveyor, it is the duty of the registered surveyor who signed the survey plan to ensure that the survey plan and all information and matters set out in the survey plan are correct and accurate. (6) In subsection (3)( c ), “relevant purpose”, in relation to any survey of a parcel of land, means a survey for the purpose of — ( a ) obtaining a new State title for the parcel of land; ( b ) amalgamating the parcel of land; or ( c ) subdividing the parcel of land. (7) Any cadastral survey, survey plan or assurance plan approved before 31 March 2005 by the Chief Surveyor or other officer appointed by the Chief Surveyor under section 39 of the Land Surveyors Act 1991 then in force, is deemed to have been approved under this section. [11D


document_id: bsma-1998
provision_ref: s16
chapter: PART 3 - CONDUCT OF CADASTRAL SURVEYS
section: 16
title: Correction of errors
content:
16. —(1) The Chief Surveyor or any authorised surveyor designated by the Chief Surveyor may at any time undertake field and office checks on the cadastral survey work of a registered surveyor or a licensed corporation, partnership or limited liability partnership. [2/2007] (2) The Chief Surveyor may, at any time after the survey plan has been deposited with the Authority, by written notice, direct any registered surveyor or any licensed corporation, partnership or limited liability partnership to correct at his or her or its expense within a period specified in the notice any error in the cadastral survey made by that registered surveyor or by a registered surveyor who is a director, a partner, a manager or an employee of that corporation, partnership or limited liability partnership, as the case may be. [2/2007] (3) If any person fails to comply with the notice given under subsection (2), the Chief Surveyor may undertake the correction of the cadastral survey and recover the cost of the correction from the person. (4) Where the Chief Surveyor is entitled to recover the cost of any correction of a cadastral survey under subsection (3), the Chief Surveyor may serve on the registered surveyor, licensed corporation, partnership or limited liability partnership (as the case may be) a statement of the cost of the correction by registered post addressed to the last known place of practice or residence of the registered surveyor, licensed corporation, partnership or limited liability partnership. [2/2007] (5) Subsections (2) and (3) do not apply to an assurance plan. [11E


document_id: bsma-1998
provision_ref: s17
chapter: PART 4 - SURVEY MAP
section: 17
title: Correction of map
content:
17. —(1) All maps published under the repealed Act continue to be valid until the maps have been declared to be superseded under section 7( f ). (2) No map (whether published under the repealed Act or generated from the coordinated cadastre) may be corrected, altered or added to in respect of any boundary of any land laid down in the map, except in the following cases: ( a ) where it is found that a map does not correctly represent the boundaries of any land, the Chief Surveyor must inquire into the reason for the difference and, if it is found to be due to inaccuracy in the survey caused by error in measuring the angles or the sides of the land or in plotting the survey or in the process of conversion and adjustment under section 7, the Chief Surveyor must give notice to the owners of the land affected, or their agents if they are known and are in Singapore, of the error and require them to forward to the Chief Surveyor within one month their objections (if any) to its correction; ( b ) where it appears that wrong boundary marks have been joined up in the survey and delineation of a boundary shown on a map, or where it appears that there has been a change in the position of a boundary from that which it held at the time of the survey or at the time when it was delineated on the map under paragraph ( c ), the Chief Surveyor must, after one month’s notice to the owners of the land affected, or their agents if they are known and are in Singapore, of the Chief Surveyor’s intention, proceed to hold an inquiry, which may be held in part upon the land; ( c ) where in the case of the assignment or demise of any land comprised wholly or partly in any State title in parcels or otherwise than the entirety of the land, the parcels have been properly demarcated and surveyed to the satisfaction of the Chief Surveyor and the fees payable in respect of the demarcation and survey have been duly paid, the boundaries of the parcels or any subdivision of the parcels must be delineated upon the representation of the land or parcel of the land on the map; ( d ) where any owners whose boundaries are conterminous agree to an alteration in their boundaries, the map may be altered by the order of the Chief Surveyor upon a deed or instrument being presented at the Registry of Deeds or the Land Titles Registry (as the case may be) of the Authority effectuating the alteration agreed to; ( e ) where in any suit an order of the General Division of the High Court has been made which affects the position of the boundaries of any land, the map may be altered upon an office copy of the order being served on the Chief Surveyor; ( f ) where any land delineated on the map has been subdivided into parcels and the parcels have not been surveyed to the satisfaction of the Chief Surveyor, the Chief Surveyor — (i) may proceed to make a cadastral survey of the parcels; and (ii) if so, must — (A) proceed to fix and demarcate the boundary in the position which the Chief Surveyor considers to be the true position; and (B) make an order for the delineation upon the map of the boundary so fixed. [40/2019] (3) If no objection is lodged with the Chief Surveyor under subsection (2)( a ) within one month from the service of the notice, the Chief Surveyor must make an order for the correction to be made. (4) If any objection is lodged with the Chief Surveyor under subsection (2)( a ), the Chief Surveyor must hold an inquiry and make such order as he or she thinks fit. (5) If, after taking into consideration the evidence of the owners or their agents appearing at the inquiry under subsection (2)( b ) and of any other persons who have knowledge of the subject, the Chief Surveyor is satisfied that the boundary as it appears from the then existing occupation of the land is the true boundary, the Chief Surveyor must make an order for the correction of the map. (6) Where it is found that the boundaries of a Mukim or Town Subdivision shown on any map published under the repealed Act or generated from the coordinated cadastre should be altered by reason of — ( a ) any correction, addition or alteration of the boundaries of any land made in accordance with this section; ( b ) the change in, alteration or deviation of, any boundary mark of the Mukim or Town Subdivision boundaries; or ( c ) any reclamation of the foreshore or seabed, the Chief Surveyor may, after the publication of a notice in the Gazette describing the alteration of the boundaries of the Mukim or Town Subdivision, make an order for the delineation or alteration of the boundaries on the map. [12


document_id: bsma-1998
provision_ref: s18
chapter: PART 4 - SURVEY MAP
section: 18
title: Map to be conclusive evidence
content:
18. —(1) Every map published under the repealed Act is, until it has been declared to be superseded under section 7( f ), conclusive evidence in all courts of the boundaries of the land comprised in every land shown in the map, subject only to any order made under section 17 for their modification, correction or alteration. (2) Upon a declaration under section 7( f ), every map generated from the coordinated cadastre is conclusive evidence in all courts of the boundaries of the land comprised in every land shown in the map, subject only to any order made under section 17 for their modification, correction or alteration. [13


document_id: bsma-1998
provision_ref: s19
chapter: PART 5 - MISCELLANEOUS
section: 19
title: Power to perform order at expense of person disobeying order
content:
19. —(1) If any person ( A ) who is ordered under any provision of this Act to perform any act fails to perform the act within a reasonable time, the person who gave the order ( B ) may, after giving notice to A of B ’s intention to do so, cause the act to be performed. (2) The expenses incurred in such performance are payable by A . [14


document_id: bsma-1998
provision_ref: s20
chapter: PART 5 - MISCELLANEOUS
section: 20
title: Penalty for non-compliance
content:
20. Any person who being legally bound to comply with any order under this Act, or with the requisition contained in any notice served upon him or her under this Act, wilfully refuses, or without reasonable excuse neglects, to comply with the order, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100 for every day or part of every day during which the refusal or neglect continues after conviction. [15


document_id: bsma-1998
provision_ref: s21
chapter: PART 5 - MISCELLANEOUS
section: 21
title: Rules
content:
21. —(1) The Authority, with the approval of the Minister, may make rules for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed. (2) Without limiting subsection (1), the Authority, with the approval of the Minister, may make rules — ( a ) prescribing the fees for the purposes of this Act and the time for payment of the fees; ( b ) prescribing the manner and procedure for inquiries to be held under this Act; ( c ) regulating the following: (i) preparation of plans and documents for the purposes of this Act; (ii) lodgment and registration of plans under this Act; (iii) preparation and making of cadastral surveys; and ( d ) prescribing the manner (whether by electronic means or otherwise) in which — (i) applications for or lodgments of lot numbers, survey records and plans, survey documents or other records and documents may be made; (ii) permissions, approvals and decisions may be granted or made, and notified; (iii) notices or other documents may be made or transmitted; and (iv) documents may be authenticated or certified. [17


document_id: bsma-1998
provision_ref: s22
chapter: PART 5 - MISCELLANEOUS
section: 22
title: Fees to be paid to Authority
content:
22. All prescribed fees collected for the purposes of this Act must be paid into the funds of the Authority. [18


document_id: bsma-2004
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Board” means any Strata Titles Board constituted under Part 6; “building” includes part of a building; “Building and Construction Authority” means the Building and Construction Authority established under section 3 of the Building and Construction Authority Act 1999; “by-law”, in relation to any parcel comprised in a strata title plan, means — ( a ) any by-law prescribed by regulations under section 136; ( b ) any by-law made by a management corporation under section 32 or 33 and in force in respect of that parcel; or ( c ) any by-law made by a subsidiary management corporation under section 82 and in force in respect of any limited common property within that strata title plan; “ceiling” does not include any false ceiling; “Chief Surveyor” means the Chief Surveyor appointed under section 3 of the Boundaries and Survey Maps Act 1998; “Commissioner” means the Commissioner of Buildings appointed under section 3(1), and includes any other officer appointed under section 3(3) to exercise the powers or perform the duties imposed on the Commissioner; “common expenses” means expenses — ( a ) relating to the common property and any movable property held by or on behalf of a management corporation; ( b ) relating to the limited common property and any movable property held by or on behalf of a subsidiary management corporation; or ( c ) required to meet any other purpose or obligation of a management corporation or subsidiary management corporation; “common property”, subject to subsection (9), means — ( a ) in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building — (i) not comprised in any lot or proposed lot in that strata title plan; and (ii) used or capable of being used or enjoyed by occupiers of 2 or more lots or proposed lots; ( b ) in relation to any other land and building, such part of the land and building — (i) not comprised in any non-strata lot; and (ii) used or capable of being used or enjoyed by occupiers of 2 or more non‑strata lots within that land or building; or ( c ) in relation to any land and building mentioned in paragraph ( a ) or ( b ), any of the following whether or not comprised in a lot, proposed lot or non‑strata lot: (i) the pipes, wires, cables or ducts which are used, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots (as the case may be) within that land or building, or are used or capable of being used for the servicing or enjoyment of the common property; (ii) the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts mentioned in sub‑paragraph (i); (iii) any structural element of the building; (iv) the waterproof membrane attached to an external wall or a roof; Examples ( a ) A foundation, load‑bearing wall, column or beam, a shear core, strut, ground anchor, slab (not including any layer that is the underlayment or the flooring finishing), truss and common staircase. ( b ) An external wall, or a roof or fa&#231;ade of a building which is used or enjoyed, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots. ( c ) A garden, sporting or recreational facility, car park or parking area for other vehicles, none of which are comprised in a lot, proposed lot or non‑strata lot. ( d ) A central air conditioning system and its appurtenances, and a fire sprinkler protection system and its appurtenances. ( e ) Any chute, pipe, wire, cable, duct or facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating or cooling systems, or any other similar services. “competent authority” means the competent authority appointed under section 5 of the Planning Act 1998 in respect of the development or subdivision of land; “council”, in relation to a management corporation, means the council of that management corporation; “development” means any parcel on which any building is being or to be constructed; “escalator” means a power‑driven stairway with continuously moving steps and handrails, designed for carrying people between different floors of a building, and includes a passenger conveyor but excludes any escalator prescribed; “executive committee”, in relation to a subsidiary management corporation, means the executive committee of that subsidiary management corporation; [ Deleted by Act 12 of 2020 wef 01/10/2025 ] “fixed EV charger” has the meaning given by section 2 of the Electric Vehicles Charging Act 2022; [Act 43 of 2022 wef 08/12/2023] “immediate family member”, in relation to any person, means a spouse, child, adopted child, stepchild, sibling or parent of that person; “initial period”, in relation to a management corporation or subsidiary management corporation, means a period starting from the day on which the management corporation or subsidiary management corporation (as the case may be) is constituted (except pursuant to a comprehensive resolution under section 78(2)( b )) and ending — ( a ) 12 months later; or ( b ) on the day when the first annual general meeting of the management corporation or subsidiary management corporation (as the case may be) is held, whichever first occurs; “inspect” includes examine and test, with or without the aid of equipment; “land” has the meaning given by the Land Titles Act 1993; “lift” means a power‑driven installation that — ( a ) is, or is intended to be, permanently installed in or attached to a building or part of a building; ( b ) is used or designed for use for raising or lowering, or both raising and lowering, people or goods, or people and goods; and ( c ) has a car, cage or platform, the direction or movement of which is substantially vertical and restricted by a guide or guides, and includes any supporting structure, machinery, equipment, gear and enclosure used or designed for use for operating a lift, but excludes any lift prescribed; “limited common property” means such part of the common property in a parcel that is — ( a ) in the case of common property to be comprised in a strata title plan — designated in the sale and purchase agreement of any proposed lot in the parcel for the exclusive benefit of the purchasers of 2 or more (but not all) of those proposed lots in the parcel; or ( b ) in the case of common property comprised in a strata title plan — designated in the strata title plan or a comprehensive resolution mentioned in section 78(2) for the exclusive benefit of the subsidiary proprietors of 2 or more (but not all) lots in that strata title plan, but does not include — ( c ) the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel, whether or not they are comprised in any lot or proposed lot; ( d ) any chute, pipe, wire, cable, duct and other facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, not comprised in any lot or proposed lot and necessary for the common use of the occupiers of all lots or proposed lots in that parcel; and ( e ) all other windows of a lot or proposed lot that are located on any exterior wall of the lot or proposed lot; “lot” means any stratum within a parcel comprised in a strata title plan and which — ( a ) is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and ( b ) is shown as a lot on the strata title plan, and includes a lot specified as an accessory lot on any such plan; “maintenance fund”, in relation to a development, means any maintenance fund established under section 16(2) or (3) by the owner developer of the development for the common property or limited common property (as the case may be) of that development; “management corporation”, in relation to any parcel comprised in a strata title plan, means the management corporation constituted in respect of that strata title plan under the Land Titles (Strata) Act 1967; “managing agent” means a managing agent appointed under this Act; “mediation” means a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution of the dispute; “non‑lot acquisition” means any acquisition under the Land Acquisition Act 1966 of any common property (and no other land) comprised in a strata title plan; “non‑lot acquisition related expenses”, in relation to any management corporation for a strata title plan, means — ( a ) any legal costs, valuation and other professional fees reasonably incurred by the management corporation in relation to the preparation and filing of a claim for compensation under the Land Acquisition Act 1966, or any appeal under that Act, in respect of any non‑lot acquisition affecting the strata title plan; and ( b ) any other financial costs reasonably incurred by the management corporation in convening and conducting meetings for or in connection with the preparation and filing of a claim for compensation under the Land Acquisition Act 1966, or any appeal under that Act, in respect of any non‑lot acquisition relating to its strata title plan; “non-strata lot” means any stratum that — ( a ) is within any land or building not comprised or not to be comprised in a strata title plan; and ( b ) is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; “owner” includes an owner developer and — ( a ) in relation to a building — means the person for the time being receiving the rent of the building, whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the building were let to a tenant; ( b ) in relation to any common property or limited common property not comprised in a strata title plan — means the person receiving any rent or charge for the maintenance of that common property or limited common property, and includes every person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as owner of that common property or limited common property; or ( c ) in relation to any common property or limited common property comprised in a strata title plan — means the management corporation or subsidiary management corporation (as the case may be) having control of the common property or limited common property; “owner developer” means any person who, immediately before the constitution of a management corporation for any parcel comprised in a strata title plan, is registered as the proprietor of the parcel shown in the strata title plan, and includes any administrator, executor, mortgagee in possession, liquidator, successor in title or assign of such person; “parcel” means the whole of any land, building and common property comprised or to be comprised in a strata title plan; [ Deleted by Act 12 of 2020 wef 01/10/2025 ] “planning permission” has the meaning given by the Planning Act 1998; “president” means the president or a deputy president of a Board, and includes an acting president; “proposed lot” means any stratum in a development on a parcel to be comprised in a strata title plan and which — ( a ) is intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and ( b ) is to be shown as a lot on the strata title plan for that development; “purchaser” means a person, other than an owner developer, who enters into an agreement to purchase a lot or proposed lot but to whom the lot or proposed lot has not been conveyed or assigned; “registrar” means the registrar of the Strata Titles Boards; “Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act 1993


document_id: bsma-2004
provision_ref: s3
chapter: PART 2 - APPOINTMENT OF OFFICERS
section: 3
title: Appointment of Commissioner of Buildings and other officers
content:
3. —(1) The Minister may appoint any person to be the Commissioner of Buildings. (2) The Commissioner has, subject to any general or special directions of the Minister, charge of the administration of this Act and may perform any other duties that are imposed and may exercise any powers that are conferred upon the Commissioner by this Act or any other written law. (3) The Commissioner may appoint, by name or office, from among — ( a ) public officers; or ( b ) persons in the employment of the Building and Construction Authority or such other public authority constituted by any written law as the Minister may approve for the purpose, such number of officers as the Commissioner considers necessary for the purpose of assisting him or her in administering and carrying out the provisions of this Act or any other written law. (4) Any powers conferred on and duties to be performed by the Commissioner under this Act or any other written law may, subject to any general or special directions of the Commissioner, be exercised or performed by any officer appointed under subsection (3). (5) Every officer appointed under subsection (3) is subject to the general supervision of the Commissioner.


document_id: bsma-2004
provision_ref: s4
chapter: PART 2 - APPOINTMENT OF OFFICERS
section: 4
title: Commissioner and officers deemed to be public servants
content:
4. The Commissioner and every officer appointed under section 3(3) are deemed to be public servants within the meaning of the Penal Code 1871.


document_id: bsma-2004
provision_ref: s10
chapter: PART 4 - DEALINGS IN STRATA SUBDIVIDED BUILDINGS
section: 10
title: Application of this Part and meaning of “sale”
content:
10. —(1) This Part applies only to any development for which planning permission is granted on or after 15 April 1976 for strata division after completion of any building comprised in the development. [35/2017] (2) For the purposes of this Part and Part 5, an owner developer is deemed to have sold a lot or proposed lot in the owner developer’s development if — ( a ) by an agreement in writing, conditional or otherwise (but not an agreement mentioned in section 13), the owner developer has agreed to convey, transfer, assign or otherwise dispose of the owner developer’s estate or interest in the lot or proposed lot to another person for valuable consideration or otherwise; or ( b ) by any deed or instrument (but not a deed or an instrument mentioned in section 13), the owner developer has conveyed, transferred, assigned or otherwise disposed of the owner developer’s estate or interest in the lot or proposed lot.


document_id: bsma-2004
provision_ref: s11
chapter: PART 4 - DEALINGS IN STRATA SUBDIVIDED BUILDINGS
section: 11
title: Schedule of strata units must be accepted by Commissioner before sale can start
content:
11. —(1) The owner developer of a development must not sell any lot or proposed lot in the development with a share value unless a schedule of strata units or an amended schedule of strata units (as the case may be) showing that share value of the lot or proposed lot has been filed with and accepted by the Commissioner under this section. [35/2017] (2) [ Deleted by Act 35 of 2017 ] (3) Every schedule of strata units and amended schedule of strata units must be filed with the Commissioner in the prescribed form and manner and be accompanied by the prescribed fee. (4) [ Deleted by Act 35 of 2017 ] (5) The Commissioner may accept a schedule of strata units filed under this section, or an amended schedule of strata units filed under section 12, if and only if the Commissioner is satisfied that the proposed share values or range of proposed share values allotted to all the lots or proposed lots in the schedule of strata units or the amended schedule of strata units (as the case may be) are allocated in a just and equitable manner. (6) [ Deleted by Act 35 of 2017 ] (7) Within 6 weeks after any schedule of strata units or amended schedule of strata units for a development is filed with the Commissioner, the Commissioner must either — ( a ) notify the owner developer concerned in writing of the Commissioner’s acceptance of that schedule; or ( b ) notify the owner developer concerned that the Commissioner rejects that schedule, stating his or her reasons for objecting to the allocation of share values therein. (8) Every contract for the sale of any lot or proposed lot in a development is deemed to include a term that the owner developer of the development has agreed to sell an undivided share in the land on which the lot or proposed lot is or is to be erected with a value determined in accordance with the proposed share values assigned to each lot or proposed lot shown in the schedule of strata units or amended schedule of strata units (as the case may be) for the development last accepted by the Commissioner before the execution of that contract. [35/2017]


document_id: bsma-2004
provision_ref: s12
chapter: PART 4 - DEALINGS IN STRATA SUBDIVIDED BUILDINGS
section: 12
title: Schedule of strata units not to be changed once accepted
content:
12. —(1) Where a schedule of strata units for a development has been filed and accepted by the Commissioner under section 11, the owner developer of the development must not make any change to any share value in the schedule of strata units, the area of any lot or proposed lot in the development or any part of the common property or limited common property (if any) of the development unless the owner developer has filed an amended schedule of strata units with the Commissioner and the Commissioner accepts that amended schedule of strata units. (2) [ Deleted by Act 35 of 2017 ] (3) Subsection (1) applies even where the owner developer of the development — ( a ) intends to change the area of any lot or proposed lot within the development which has not been sold and such change does not result in a different aggregate share value for the development; ( b ) intends to effect a minor adjustment to the share value assigned to any lot or proposed lot within the development that has been sold, being an adjustment necessitated by an increase or a shortfall in the area of the lot or proposed lot after it has been surveyed on its completion; or ( c ) intends otherwise to change the share value assigned to any lot or proposed lot within the development with the consent of the purchaser of that lot or proposed lot. [35/2017] (4) Without affecting subsections (1) and (3), where a schedule of strata units for a development has been filed and accepted by the Commissioner under section 11, the share value assigned to any lot or proposed lot in the development in that schedule of strata units may be altered after the lot or proposed lot is sold only — ( a ) with the consent of the purchaser of the lot or proposed lot, unless the alteration to the share value is a minor adjustment necessitated by an increase or a shortfall in the area of the lot or proposed lot after it has been surveyed on its completion; ( b ) after the passing of any of the following resolutions: (i) a 90% resolution under section 34(1) to execute on behalf of its subsidiary proprietors a transfer of any part of common property as provided in section 23 of the Land Titles (Strata) Act 1967; (ii) a special resolution under section 34(3) to create additional common property; (iii) the respective special resolutions under section 34(5) to amalgamate the common properties of 2 or more management corporations; or ( c ) in connection with the registration of a strata title application for redevelopment under section 12 of the Land Titles (Strata) Act 1967. [35/2017] (5) The Commissioner may accept an amended schedule of strata units that is filed to alter a schedule of strata units for a development in the circumstances mentioned in subsection (4), if and only if the Commissioner is satisfied that the proposed share values allotted to the lot or lots affected are allocated in a just and equitable manner. [35/2017]


document_id: bsma-2004
provision_ref: s13
chapter: PART 4 - DEALINGS IN STRATA SUBDIVIDED BUILDINGS
section: 13
title: Exceptions to section 11 prohibition
content:
13. —(1) Section 11(1) does not apply — ( a ) to any agreement, deed or instrument that conveys, transfers, assigns or otherwise disposes of a leasehold interest not exceeding 21 years without an option to renew or purchase; and ( b ) to any agreement between any purchaser under a collective sale contract of any land and any other party to that collective sale contract whereby the purchaser disposes of any proposed lot to be comprised in a redevelopment of the land to that other party before the legal completion of the collective sale of the land. [35/2017] (2) In subsection (1)( b ), “collective sale contract” means — ( a ) any sale and purchase agreement mentioned in section 84A, 84D, 84E, 84F, 84FA or 84FB of the Land Titles (Strata) Act 1967; ( b ) any sale and purchase agreement whereby the owners of all the lots in a development agree to sell all their lots to a purchaser; or ( c ) any sale and purchase agreement whereby the owner of any land agrees to sell the land to a purchaser either by itself or together with the owners of any adjacent land. [13/2010; 35/2017]


document_id: bsma-2004
provision_ref: s14
chapter: PART 4 - DEALINGS IN STRATA SUBDIVIDED BUILDINGS
section: 14
title: Offences
content:
14. Any person who contravenes section 11(1) or 12(1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [35/2017]


document_id: bsma-2004
provision_ref: s15
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 15
title: Application of this Division
content:
15. —(1) Subject to subsection (2) and section 134, this Division applies only to any development of land — ( a ) for which planning permission is granted (whether before, on or after 1 April 2005) for strata subdivision after completion of any building thereon; and ( b ) on which more than 4 lots or proposed lots are or are to be constructed. (2) This Division applies to a development mentioned in subsection (1) when 2 or more lots or proposed lots in the development are sold to more than one purchaser.


document_id: bsma-2004
provision_ref: s16
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 16
title: Developer to establish maintenance funds
content:
16. —(1) The owner developer of a development to which this Division applies must establish one or more maintenance funds in accordance with this section at any time on or after — ( a ) the date the first temporary occupation permit is issued in respect of any lot or proposed lot in the development; or ( b ) a subsequent date when this Division applies to the development, whichever is the later. [35/2017] (2) The owner developer of every such development must establish a general maintenance fund, which must be used for the following purposes only: ( a ) to pay for the expenses incurred on or after the establishment of the general maintenance fund in providing — (i) cleaning services for the common property; (ii) security services and amenities for the occupiers of the lots or proposed lots in that development; and (iii) any other services necessary for maintaining the common property in a state of good repair; ( b ) to maintain, repair and renew fixtures and fittings (including lifts) in that development, not being fixtures and fittings installed in a lot or proposed lot sold or intended for sale to a purchaser; ( c ) to maintain, repair and renew sewers, pipes, wires, cables and ducts used or capable of being used in connection with the enjoyment of 2 or more lots or proposed lots in, or the common property of, that development; ( d ) to pay any premium for the insurance of that development against damage by fire and other risks; ( e ) to pay rent and rates, if any; ( f ) to pay any fee for the auditing of the maintenance fund; ( fa ) to pay any connection charge payable under section 31M, and any tariff payable under section 31N, of the Environmental Public Health Act 1987; ( g ) to pay all charges reasonably incurred for the administration of the maintenance fund and the common property of that development. [48/2018] (3) Where any such development comprises any limited common property, the owner developer must, in addition, establish a separate special maintenance fund, which must be used for the following purposes only: ( a ) to pay for the expenses incurred on or after the establishment of the special maintenance fund in providing — (i) cleaning services for that limited common property; (ii) security services and amenities for the occupiers of the lots or proposed lots in that development for whose exclusive benefit that limited common property has been designated under the sale and purchase agreement with the owner developer; and (iii) any other services necessary for maintaining that limited common property in a state of good repair; ( b ) to maintain, repair and renew fixtures and fittings (including lifts) in that development comprised within that limited common property, not being fixtures and fittings installed in a lot or proposed lot sold or intended for sale to a purchaser; ( c ) to maintain, repair and renew sewers, pipes, wires, cables and ducts used or capable of being used in connection with the enjoyment — (i) of that limited common property; or (ii) of 2 or more lots or proposed lots in that development for whose exclusive benefit that limited common property has been designated under the sale and purchase agreement with the owner developer; ( d ) to pay rent and rates (if any) connected with the limited common property; ( e ) to pay any fee for the auditing of the special maintenance fund; ( f ) to pay all charges reasonably incurred for the administration of the special maintenance fund and the limited common property of that development. (4) Any owner developer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.


document_id: bsma-2004
provision_ref: s17
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 17
title: Duties of owner developer as regards maintenance funds
content:
17. —(1) Subject to subsection (2), the owner developer of the development must — ( a ) in respect of every lot or proposed lot in the development sold — (i) pay into the relevant maintenance fund an amount equal to the amount of maintenance charges which would have been payable by the purchaser until such maintenance charges are due and payable; and (ii) collect all maintenance charges from the date the maintenance charges are due and payable from the purchaser of every lot or proposed lot in that development and pay all such maintenance charges into the relevant maintenance fund established under section 16; ( b ) in respect of every lot or proposed lot in the development not yet sold, pay into the relevant maintenance fund an amount equal to the amount of maintenance charges which would have been payable by a purchaser of that lot or proposed lot if sold from the date the relevant maintenance fund is so established under section 16; and ( c ) pay all income derived from the common property and limited common property (if any) of that development into the relevant maintenance fund for that development from the date the relevant maintenance fund is so established under section 16. [35/2017] (2) Despite subsection (1), the owner developer is authorised to pay all maintenance charges in respect of a lot or proposed lot in a development mentioned in subsection (1)( a )(i) into the relevant maintenance fund with effect from the later of the following dates: ( a ) the date that is 4 weeks after the date the first temporary occupation permit is issued in respect of any lot or proposed lot in the development; ( b ) the date the relevant maintenance fund is established under section 16 for the development. [35/2017] (3) All moneys in any maintenance fund for a development must be held by the owner developer of the development on trust — ( a ) in the case of a general maintenance fund established under section 16(2) — for all the purchasers of lots or proposed lots in that development; and ( b ) in the case of a special maintenance fund established under section 16(3) in respect of any limited common property — for all the purchasers of the lots or proposed lots in that development for whose exclusive benefit that limited common property has been designated under their sale and purchase agreements with the owner developer. (4) The moneys in any maintenance fund established under section 16 must be deposited only with a bank which is licensed under the Banking Act 1970, and must not be invested. (5) The owner developer of a development must — ( a ) cause proper books of accounts to be kept in respect of all sums of money received for and all payments out of every maintenance fund established under section 16 for the development, specifying the matters in relation to which the receipts and expenditure take place; ( b ) appoint an auditor to audit every such maintenance fund annually; ( c ) cause the accounts of every such maintenance fund to be audited within 4 months after the management corporation for that development is constituted; ( d ) file with the Commissioner a certified true copy of the audited accounts not later than the 28th day after the accounts of every such maintenance fund have been audited; ( e ) permit the Commissioner, or any person authorised by the Commissioner to act on his or her behalf, at all reasonable times full and free access to the accounts and other records of every maintenance fund and permit the Commissioner or the authorised person to make copies of or make extracts from those accounts or other records; and ( f ) furnish a certified true copy of the accounts of every maintenance fund to the Commissioner at the intervals required by the Commissioner. [35/2017] (6) Without affecting subsection (5), the owner developer of a development must also — ( a ) not later than the 28th day after the accounts of every such maintenance fund have been audited, make available for a period of 2 weeks those accounts for inspection by any purchaser of any lot or proposed lot in the development or the purchaser’s agent without payment of any fee; and ( b ) at any other time, permit the purchaser of any lot or proposed lot in the development or the purchaser’s agent to inspect the accounts and other records of any such maintenance fund, and to make copies of or make extracts from those accounts or other records, at such time and place as may be agreed between the parties and after payment of a prescribed fee. [35/2017] (7) The owner developer of a development must maintain a register (called in this Act the register of purchasers) in such form as the Commissioner may require, containing the following particulars in respect of the lots or proposed lots in the development: ( a ) the share value assigned or to be assigned to each lot or proposed lot shown in the schedule of strata units or amended schedule of strata units (as the case may be) filed with the Commissioner under section 11; ( b ) the floor area of each lot or proposed lot; ( c ) if the development comprises limited common property, the lots or proposed lots for whose exclusive benefit that limited common property has been designated; ( d ) the name, address and other identification particulars of the purchaser of each lot or proposed lot and, if the purchaser is not a resident of Singapore, an address in Singapore to which notices may be served on the purchaser; ( e ) the name and address of the solicitors acting for the purchaser of the lot or proposed lot in the sale and purchase of each lot or proposed lot, as the case may be. (8) The owner developer of a development must, not later than the 14th day after a request is made by the Commissioner, forward to the Commissioner a true copy of the register of purchasers for that development. [35/2017] (9) Any owner developer who contravenes subsection (1) read with subsection (2), or subsection (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction. (10) Any owner developer who contravenes subsection (6), (7) or (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.


document_id: bsma-2004
provision_ref: s18
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 18
title: No collection of maintenance charges without Commissioner’s approval
content:
18. —(1) An owner developer of a development must not collect any charges for the management and maintenance of the development or any common property or limited common property comprised in the development from the purchasers of any lot or proposed lot comprised in such development except with the prior written approval of the Commissioner. (2) Any owner developer who contravenes subsection (1) shall be guilty of an offence. (3) To avoid doubt, this section does not prevent any management corporation or subsidiary management corporation from collecting contributions under this Part.


document_id: bsma-2004
provision_ref: s19
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 19
title: Commissioner may appoint managing agent for development
content:
19. —(1) If the Commissioner is satisfied that, after due inquiry by him or her or a person appointed by him or her, the management and maintenance of a development or part thereof is not carried out satisfactorily by the owner developer thereof, the Commissioner may appoint one or more persons as a managing agent to manage and maintain — ( a ) where the development has no limited common property — the development; or ( b ) where the development has limited common property — the common property or the limited common property of the development or both. [Act 5 of 2025 wef 09/03/2025] (1A) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) A managing agent appointed by the Commissioner under subsection (1) is entitled to such remuneration or fees as may be determined by the Commissioner and the remuneration or fees must be charged — ( a ) in the case of a managing agent appointed in respect of the development under subsection (1)( a ) or the common property of the development under subsection (1)( b ) — to the general maintenance fund mentioned in section 16(2); or ( b ) in the case of a managing agent appointed in respect of the limited common property under subsection (1)( b ) — to the special maintenance fund mentioned in section 16(3). (3) The Commissioner must not exercise his or her powers under this section unless he or she has given not less than 14 days’ notice in writing to the owner developer concerned, specifying his or her intention to appoint a managing agent under subsection (1) and to consider the representations (if any) made by the owner developer not later than the 14th day after the date of service of the notice. [35/2017] (4) Any owner developer who is aggrieved by an order made by the Commissioner under subsection (1) in respect of the owner developer’s development may, at any time not later than the 21st day after the date of publication of that order in the Gazette , appeal in writing to the Minister. [35/2017] (5) Even though an appeal has been made under subsection (4) against an order made by the Commissioner under subsection (1), that order has effect unless otherwise ordered by the Minister. (6) The Minister may determine an appeal under this section by confirming, varying or cancelling the Commissioner’s order under subsection (1). (7) The decision of the Minister in any appeal under subsection (4) is final. (8) The Commissioner may at any time revoke any appointment made under subsection (1) for any development and appoint another person as managing agent for the development.


document_id: bsma-2004
provision_ref: s20
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 20
title: Powers and duties of managing agent appointed by Commissioner
content:
20. —(1) Where a managing agent has been appointed by the Commissioner under section 19(1), the managing agent has control over the moneys in the relevant maintenance fund of the development, but has no power to invest the moneys. (2) Once a managing agent has been appointed under section 19(1) for a development, no moneys may be paid out of the relevant maintenance fund of that development except on the authority of the managing agent. (3) Subject to the general control and direction of the Commissioner, a managing agent appointed under section 19(1) has all the powers and duties of the owner developer as regards the management and maintenance of the common property or limited common property (as the case may be) of that development. (4) Without limiting subsection (3), a managing agent appointed by the Commissioner under section 19(1) in respect of a development has the power — ( a ) to manage the relevant maintenance fund of the development; ( b ) to issue any written demand in the name of the owner developer to the purchasers of lots or proposed lots in the development for the payment of maintenance charges due from them; ( c ) to receive all charges payable to the owner developer by purchasers of lots or proposed lots in the development for the maintenance of the common property or the limited common property (as the case may be) of the development, and to give a valid discharge therefor; ( d ) to receive all charges payable by the owner developer to the relevant maintenance fund in respect of those lots or proposed lots which have not been sold and for which temporary occupation permits have been issued; ( e ) to institute proceedings in the name of the owner developer to recover maintenance charges payable by the purchasers of the lots or proposed lots in the development; and ( f ) to bring any action in the managing agent’s own name to recover moneys due to the relevant maintenance fund from the owner developer or any other person. (5) It is the duty of a managing agent appointed by the Commissioner to pay all moneys received by the managing agent in the managing agent’s capacity as such for a development into the relevant maintenance fund of that development. (6) As soon as practicable after being appointed by the Commissioner, but in any case not later than 2 months after the appointment, a managing agent must prepare and submit to the Commissioner a statement showing as at the date of the managing agent’s appointment — ( a ) the moneys standing to the credit of every maintenance fund of the development; ( b ) the amounts due and owing by the purchasers of the lots or proposed lots in the development as charges payable for the maintenance of the common property and any limited common property (if any) of the development; ( c ) any income derived from the common property and limited common property (if any) of the development which are due to be paid to the relevant maintenance fund; and ( d ) any expenditure incurred for the maintenance of the development which is authorised by section 16(2) or (3) (as the case may be) to be paid out of the relevant maintenance fund and which remains unpaid. (7) Any person appointed by the Commissioner as a managing agent for a development must not act as a managing agent unless the person has lodged with the Commissioner a bond in the form approved by the Commissioner and for the prescribed amount given by a bank, a finance company or an insurer and which binds the bank, finance company or insurer to make good any loss caused by the managing agent as a result of the managing agent’s failure to duly account to the purchasers of a development for moneys received or held by the managing agent. (8) A managing agent who contravenes subsection (5) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: bsma-2004
provision_ref: s21
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 21
title: Owner developer not to be relieved of obligations to carry out repairs, etc.
content:
21. The appointment under section 19(1) of any managing agent to manage the maintenance fund or funds of a development does not relieve the owner developer of that development of any of the owner developer’s obligations under this Act or any other law — ( a ) towards the purchasers of the lots or proposed lots in the development to carry out repairs to the common property and limited common property (if any) of the development, or to make good any defect in the common property or limited common property (as the case may be) of the development; ( b ) to carry out repairs and varied and additional works to ensure that the development is constructed in accordance with the specifications and plans approved or deemed approved by the Commissioner of Building Control under the Building Control Act 1989; and [Act 23 of 2023 wef 18/12/2023] ( c ) to carry out repairs and varied and additional works to comply with the requirements of any relevant authority prior to the issue of the certificate of statutory completion for the development.


document_id: bsma-2004
provision_ref: s22
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 22
title: Failure by purchaser to pay maintenance charges
content:
22. —(1) Where any charges payable by the purchaser of a lot or proposed lot in a development under the sale and purchase contract for the maintenance of the common property or limited common property (as the case may be) of the development remain unpaid at the end of a period of 28 days after service of a written demand by the owner developer, the charges outstanding and any interest accrued thereon constitute a debt owing to the owner developer, and may be recovered by the owner developer in any court of competent jurisdiction. [33/2018] (2) For the purposes of this section, a written demand sent by an owner developer to a purchaser is deemed to have been served on the purchaser of a lot or proposed lot (whether it is actually received or not) if it is sent by registered post to the purchaser at the purchaser’s last known address. (3) Where a managing agent has been appointed by the Commissioner under section 19(1) to manage and maintain a development, a notice sent by the managing agent is deemed to have been sent by the owner developer of that development.


document_id: bsma-2004
provision_ref: s23
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 23
title: Owner developer’s duties on constitution of management corporation
content:
23. —(1) When a management corporation is constituted for any development, the owner developer of the development must — ( a ) immediately open a bank account in the name of the management corporation and pay into that account all moneys standing to the credit in the general maintenance fund established under section 16(2) for the maintenance of the subdivided building and the common property of that development; ( b ) cause to be prepared such accounts and other records as will sufficiently explain the transactions and financial position of the management corporation and enable true and fair profit and loss accounts and balance sheets and any document required to be attached thereto to be prepared for the period starting from the date the management corporation is constituted for the development and ending on a date not earlier than 4 months before the first annual general meeting of the management corporation; and ( c ) cause the records mentioned in paragraph ( b ) to be kept in a manner that enables them to be conveniently and properly audited. [35/2017] (2) When a subsidiary management corporation is constituted for any development by the owner developer thereof, the owner developer must also — ( a ) immediately open a bank account in the name of the subsidiary management corporation and pay into that account all moneys standing to the credit in the special maintenance fund established under section 16(3) for the maintenance of the limited common property of that development; ( b ) cause to be prepared such accounts and other records as will sufficiently explain the transactions and financial position of the subsidiary management corporation and enable true and fair profit and loss accounts and balance sheets and any document required to be attached thereto to be prepared for the period starting from the date the subsidiary management corporation is constituted for the development and ending on a date not earlier than 4 months before the first annual general meeting of the subsidiary management corporation; and ( c ) cause the records mentioned in paragraph ( b ) to be kept in a manner that enables them to be conveniently and properly audited. [35/2017] (3) An owner developer of a development must exercise the powers and perform the duties of — ( a ) the council of a management corporation; and ( b ) where the development comprises any limited common property, the executive committee of the subsidiary management corporation, from the time the management corporation or subsidiary management corporation (as the case may be) is constituted until a council of the management corporation or an executive committee of the subsidiary management corporation is elected at the first annual general meeting of the management corporation or subsidiary management corporation, as the case may be. (4) Within one week after the first annual general meeting of the management corporation or subsidiary management corporation (as the case may be), the owner developer must — ( a ) transfer control of the management corporation’s or subsidiary management corporation’s (as the case may be) money to its newly elected council or executive committee; and ( b ) deliver to that newly elected council or executive committee all keys and other means of access that the owner developer possesses for the purposes of exercising the powers and performing the duties of the council or executive committee, as the case may be. (5) For a period of 2 years following the transfer of control under subsection (4)( a ), the owner developer must — ( a ) keep all financial records that relate to the management corporation’s and (if any) subsidiary management corporation’s finances during the period before the transfer of control; ( b ) at the request of the management corporation or subsidiary management corporation, make any of the records mentioned in paragraph ( a ) available for inspection free of charge by the management corporation or subsidiary management corporation, as the case may be; and ( c ) allow the management corporation or subsidiary management corporation (as the case may be) to copy or audit those records at its own expense. (6) Before the first annual general meeting of a management corporation, the owner developer must appoint the auditor of the management corporation, and any auditor so appointed holds office until the conclusion of the first annual general meeting of the management corporation. (7) Before the first annual general meeting of a subsidiary management corporation after it is constituted (other than pursuant to a comprehensive resolution), the owner developer must appoint the auditor of the subsidiary management corporation, and any auditor so appointed holds office until the conclusion of the first annual general meeting of the subsidiary management corporation. Division 2 &#x2014; Management corporations and common property


document_id: bsma-2004
provision_ref: s24
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 24
title: Constitution of management corporation
content:
24. —(1) The management corporation constituted by virtue of the Land Titles (Strata) Act 1967 in respect of a strata title plan — ( a ) comprises the subsidiary proprietors from time to time of all lots comprised in that strata title plan; ( b ) is a body corporate capable of suing and being sued and having perpetual succession and a common seal; and ( c ) is called “The Management Corporation — Strata Title Plan No.____” (the number to be specified being the number of the strata title plan). (2) A management corporation for a strata title plan may — ( a ) sue and be sued on any contract made by it; ( b ) sue and be sued in respect of any matter affecting the common property; ( c ) sue in respect of any loss or damage suffered by the management corporation arising out of a contract or otherwise; and ( d ) be sued in respect of any matter connected with the parcel for which the subsidiary proprietors are jointly liable. (3) A management corporation constituted in respect of a strata title plan has the powers, duties and functions conferred or imposed on it by or under this Act, or by the by‑laws in respect of the parcel comprised in that strata title plan and, subject to this Act, has the control, management and administration of the common property comprised in that strata title plan. (4) Nothing in this section is to be construed as prohibiting a management corporation constituted in respect of a strata title plan from adding the name of any subdivided building comprised in the strata title plan to its official name. (5) In this section, “subsidiary proprietors” includes the persons entitled to the land on which the subdivided building is erected pursuant to the termination of the strata subdivision scheme under section 78 or 81 of the Land Titles (Strata) Act 1967.


document_id: bsma-2004
provision_ref: s25
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 25
title: Common seal of management corporation
content:
25. —(1) The common seal of a management corporation must be kept — ( a ) where the management corporation is constituted by one subsidiary proprietor — by that subsidiary proprietor; or ( b ) where the management corporation is constituted by 2 or more subsidiary proprietors — by such subsidiary proprietor or member of the council as the management corporation determines or, in the absence of any such determination, by the secretary of the council. (2) The common seal of a management corporation may only be affixed to an instrument or a document in the presence of — ( a ) where the management corporation is constituted by one or 2 subsidiary proprietors — that subsidiary proprietor or those subsidiary proprietors, as the case may be; or ( b ) where the management corporation is constituted by 2 or more subsidiary proprietors — such 2 persons, being subsidiary proprietors or members of the council as the management corporation determines or, in the absence of such determination, the secretary and any other member of the council, who must also sign the instrument or document to which the seal is affixed.


document_id: bsma-2004
provision_ref: s26
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 26
title: First annual general meeting of management corporation
content:
26. —(1) The owner developer of any development on a parcel comprised in a strata title plan (whether or not the owner developer is also a subsidiary proprietor) must hold the first annual general meeting of the management corporation constituted in respect of that strata title plan no later than the earlier of the following dates: ( a ) a date that is one month after the end of the initial period for the management corporation; ( b ) a date that is 8 weeks after the owner developer receives a written request from the subsidiary proprietors of at least 10% of the total number of lots comprised in that strata title plan asking for the first annual general meeting to be held. [35/2017] (2) Subject to subsection (8), the chairperson of the first annual general meeting must be the owner developer acting personally or a responsible officer of the owner developer. [35/2017] (3) The agenda for the first annual general meeting of a management corporation constituted in respect of a strata title plan comprising any development must consist of the following: ( a ) to elect a council in accordance with section 53 where there are more than 3 subsidiary proprietors; ( b ) to determine the amount to be raised for the management fund and the sinking fund; ( c ) to decide whether insurances effected by the owner developer of the development should be varied or extended; ( d ) to decide the matters that may be determined only by the management corporation at a general meeting; ( e ) to appoint a managing agent, if the management corporation so desires, and to determine the powers, duties or functions of the management corporation to be delegated to the managing agent; ( f ) to receive and, if considered fit, to adopt the audited annual accounts of the management corporation for the period starting from the date the management corporation is constituted and ending on a date not earlier than 4 months before the first annual general meeting. (4) At the end of or within 2 weeks after convening the first annual general meeting of the management corporation constituted in respect of a strata title plan comprising any development, the owner developer of the development must — ( a ) place before the meeting and deliver to the management corporation copies of all the following: (i) all plans that were required to obtain the temporary occupation permit and certificate of statutory completion (where applicable) for all buildings in the development (including amendments to such plans), that have been filed or lodged with the Commissioner of Building Control under the Building Control Act 1989; [Act 23 of 2023 wef 18/12/2023] (ii) any as‑built drawings in the owner developer’s possession that indicate, as far as practicable, the actual location of any pipe, wire, cable, chute, duct or other facility for the passage or provision of systems or services, if the owner developer has reason to believe that the pipe, wire, cable, chute, duct or other facility is not located as shown on a plan or an amended plan filed or lodged with the Commissioner of Building Control under the Building Control Act 1989; [Act 23 of 2023 wef 18/12/2023] (iii) all contracts entered into by or on behalf of the management corporation; (iv) a copy of the strata title plan; (v) the names and addresses of such contractors, subcontractors and persons who supplied labour or materials to the development during construction as may be prescribed; (vi) all warranties, manuals, schematic drawings, operating instructions, service guides, manufacturer’s documentation and other similar information respecting the construction, installation, operation maintenance, repair and servicing of any common property or limited common property, including any warranty information provided to the owner developer by any person referred to in sub‑paragraph (v); (vii) all records required to be prepared or retained by the management corporation under this Act; (viii) a manufacturer’s manual which relates to prefabricated bathroom units that are incorporated in the development, if any are incorporated in the development; (ix) any other records that may be prescribed; and ( b ) place an annual budget before the meeting for approval, which must be for a period of 12 months starting on the first day of the month following the date of the first annual general meeting. [35/2017] (5) If the owner developer contravenes subsection (4)( a ) and the management corporation is required to pay any person to obtain a document referred to in that provision, the amount so paid is deemed to be a debt owing to the management corporation by the owner developer. (6) If the owner developer does not hold the first annual general meeting as required by subsection (1), any subsidiary proprietor of any lot comprised in the development or any mortgagee in possession of such lot may apply to the Commissioner to appoint a person to convene the first annual general meeting of the management corporation for that development. (7) The Commissioner may, on receiving any application under subsection (6), by order — ( a ) appoint a person to convene the first annual general meeting of the management corporation of a development within such time and at such place as may be specified in the order; and ( b ) include such ancillary or consequential instructions as the Commissioner thinks fit to facilitate the holding of the meeting by the person, and any meeting so convened by that person is the first annual general meeting of the management corporation. (8) Where an order is made under subsection (7) — ( a ) the person appointed under that order to convene the meeting must preside at the meeting and while so presiding, the person is deemed to be the chairperson of the management corporation; and ( b ) notice of the meeting may be given in such manner as may be specified in the order. (9) Any owner developer who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. (10) Where a subsidiary management corporation is constituted for any development by the owner developer of that development, this section also applies to the owner developer in relation to that limited common property — ( a ) as if the reference in this section to a management corporation includes a reference to the subsidiary management corporation; ( b ) as if the reference in this section to the subsidiary proprietors of lots comprised in the strata title plan includes a reference to the subsidiary proprietors of lots for whose exclusive benefit the limited common property is designated on that strata title plan; and ( c ) as if the reference in this section to the council of a management corporation includes a reference to the executive committee of a subsidiary management corporation, with such prescribed exceptions, modifications and adaptations as the differences between management corporations and subsidiary management corporations require. [35/2017] (11) In this section — “accredited”, in relation to a fabrication facility or a fabrication method, means that the fabrication facility or the fabrication method is accredited by a body specified in the Code of Practice on Buildability issued by the Building and Construction Authority; “building works” has the meaning given by section 2(1) of the Building Control Act 1989; “prefabricated bathroom unit” means a bathroom unit (complete with finishes for walls and floors) which is — ( a ) constructed and assembled; or ( b ) manufactured and assembled, in an accredited fabrication facility, in accordance with any accredited fabrication method, and then installed in a building under building works; “responsible officer” — ( a ) for an owner developer that is a corporation or limited liability partnership, means — (i) any director, partner, chief executive or employee of the corporation; or (ii) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation, or any employee of the corporation; ( b ) for an owner developer that is a partnership, means any partner in the partnership, or any employee of the partnership; or ( c ) for an owner developer that is an unincorporated association (other than a partnership), means — (i) the president, the secretary, or any member of the committee of the unincorporated association; (ii) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; or (iii) any employee of the unincorporated association. [35/2017]


document_id: bsma-2004
provision_ref: s27
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 27
title: Meetings, other than first annual general meeting, of management corporation
content:
27. —(1) After the first annual general meeting has been held, an annual general meeting of a management corporation must be held in each calendar year and not more than 15 months after the holding of the last preceding annual general meeting. (2) A meeting of the management corporation which is not an annual general meeting must be held whenever it is convened by the council and is an extraordinary general meeting. (3) Except as otherwise provided in section 26, the First Schedule applies to and in respect of any meeting of a management corporation, and voting at that meeting. (4) Where after the holding of an annual general meeting of a management corporation — ( a ) no annual general meeting of the management corporation is next held in accordance with subsection (1); or ( b ) the next annual general meeting of the management corporation is held after the time limited by subsection (1) for its holding, the chairperson and the secretary of the management corporation shall each be guilty of an offence. (5) Where any person is charged with an offence under subsection (4), it is a defence to prove that the person took all reasonable steps and exercised all due diligence to secure compliance with this section.


document_id: bsma-2004
provision_ref: s28
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 28
title: Management corporation’s address
content:
28. —(1) Every management corporation must — ( a ) ensure that an address for the time being for service of notices on it is lodged with the Registrar of Titles and displayed on a notice board at a conspicuous place within the common property; and ( b ) cause to be constructed and maintained at or near the street alignment of the parcel a receptacle suitable for the receipt of mail and other documents with the name of the management corporation clearly shown thereon. (2) A management corporation may decide that the address, as lodged with the Registrar of Titles, for the service of notices on the management corporation is to be changed. (3) Where a management corporation has, under subsection (2), decided that the address for the service of notices on it is to be changed, the management corporation must — ( a ) not later than the 7th day after deciding, notify the Registrar of Titles and the Commissioner of the change; ( b ) apply to amend the address lodged with the Registrar of Titles and other relevant records accordingly; and ( c ) not later than the 7th day after deciding, serve on each of its subsidiary proprietors a written notice of the change. [35/2017] (4) Any management corporation which contravenes subsection (3)( a ) or ( c ) shall be guilty of an offence.


document_id: bsma-2004
provision_ref: s29
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 29
title: Duties and powers of management corporation in respect of property
content:
29. —(1) Except as otherwise provided in subsections (1A), (1B) and (3), it is the duty of a management corporation — ( a ) to control, manage and administer the common property for the benefit of all the subsidiary proprietors constituting the management corporation; ( b ) to properly maintain and keep in a state of good and serviceable repair (including, where reasonably necessary, renew or replace the whole or part thereof) — (i) the common property; (ii) [ Deleted by Act 35 of 2017 ] (iii) [ Deleted by Act 35 of 2017 ] (iv) each door, window and other permanent cover over openings in walls where a side of the door, window or cover is part of the common property; and (v) any movable property vested in the management corporation; ( c ) to effect insurance according to this Act; ( d ) when so directed by a special resolution, to do all or any of the following for the purpose of improving or enhancing the common property: (i) install, remove, replace or add any facility on the common property; (ii) change the use of the common property; (iii) erect, remove, replace or add to a structure on the common property; ( e ) to comply with any notice or order made by any relevant authority or public authority requiring the abatement of any nuisance on the common property or ordering repairs or other work to be done in respect of the subdivided building or common property; ( f ) to pay the rent (if any) on the land on which the subdivided building is erected; ( g ) to cause proper records to be kept of notices given to the management corporation under this Act or any other written law, or of any orders made by a court, a Board or other tribunal and served on the management corporation; and ( h ) to convene annual general meetings in accordance with the First Schedule. [35/2017] [Act 43 of 2022 wef 08/12/2023] (1A) To avoid doubt, it is the duty of a management corporation to properly maintain and keep in a state of good and serviceable repair (including, where reasonably necessary, renew or replace) any fixed EV charger that is owned by the management corporation and installed in the common property. [Act 43 of 2022 wef 08/12/2023] (1B) Subsection (1)( d ) does not apply to or in relation to any matter falling within section 34A(1). [Act 43 of 2022 wef 08/12/2023] (1C) The installation of any fixed EV charger in the common property does not in itself make the fixed EV charger part of the common property. [Act 43 of 2022 wef 08/12/2023] (2) Except as otherwise provided in subsection (3), a management corporation may — ( a ) enter into an agreement, upon such terms and conditions (including terms for the payment of consideration) as may be agreed upon by the parties thereto, with a subsidiary proprietor or occupier of a lot for the provision of amenities or services by it to the lot or to the subsidiary proprietor or occupier thereof; and ( b ) do all things reasonably necessary for the performance of its duties under this Part and for the enforcement of the by‑laws. (3) Despite subsections (1) and (2) but subject to subsection (4), where a strata title plan comprises common property and any limited common property, the management corporation constituted must, upon the creation of the limited common property — ( a ) perform the duties and exercise the powers referred to in subsections (1) and (2), respectively, only in respect of common property that is not limited common property; and ( b ) cease to perform those duties and exercise those powers in respect of the limited common property created. (4) Despite any other provision of this Act, a management corporation constituted for common property within a strata title plan may manage and maintain any limited common property within that strata title plan on such terms and conditions as may be agreed between the subsidiary management corporation for that limited common property and the management corporation.


document_id: bsma-2004
provision_ref: s30
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 30
title: Powers of management corporation to carry out work
content:
30. —(1) Where a notice has been served on the subsidiary proprietor of a lot by a public authority requiring that subsidiary proprietor to carry out any work on or in relation to that lot and the notice is not complied with, the management corporation may carry out the work. (2) Where a subsidiary proprietor, mortgagee in possession, lessee or occupier of a lot fails or neglects to carry out any work — ( a ) required to be carried out by the subsidiary proprietor under a term or condition of a by‑law mentioned in section 33 or under a notice under section 37(4A); ( b ) necessary to remedy a breach of the duty imposed on the subsidiary proprietor, mortgagee in possession, lessee or occupier by section 63( a ); ( c ) to rectify any defect in any water pipe or sewer pipe within the lot or any cracks in the wall or floor within the lot; or ( d ) necessary to rectify the subsidiary proprietor’s contravention of section 37(1) or (3), the management corporation may carry out that work. [35/2017] (3) Where the management corporation carries out any work on or in relation to a lot or common property under subsection (1) or (2), it may recover the cost of so doing, as a debt — ( a ) from the subsidiary proprietor, mortgagee in possession, lessee or occupier referred to in subsection (1) or (2); or ( b ) where the work is carried out — (i) under subsection (1) or (2)( b ) or ( c ) — from any person who, after the work is carried out, becomes the subsidiary proprietor of the lot on or in relation to which the work was carried out; or (ii) under subsection (2)( a ) — from any person who, after the work is carried out, becomes the subsidiary proprietor of the lot in respect of which the by‑law mentioned in subsection (2)( a ) was made or the notice under section 37(4A) was given. [35/2017] (4) Where an order (including an interim order) made by any Board has not been complied with, the management corporation may carry out any work specified in the order and recover from the person against whom the order was made the cost of so doing as a debt in a court of competent jurisdiction. (5) Where — ( a ) any part of a building comprised in a lot contains any structural defect which affects or is likely to affect the support or shelter provided by that lot for another lot in that building or the common property; or ( b ) any defect occurs in any pipe, wire, cable or duct mentioned in section 63( a )(ii) within a lot, and the defect is not due to any breach of the duty imposed on any person by section 63( a ), the management corporation must carry out such work as is necessary to rectify the defect and may recover the cost of such work from any person who has a duty to remedy the defect as a debt in any court of competent jurisdiction. (6) Where — ( a ) the management corporation incurs any expenditure or performs any repairs, works or acts that it is required or authorised by this Part or by any other written law to perform (whether or not the expenditure was incurred or the repairs, works or acts were performed consequent upon the service on it by the Government or any statutory authority of any notice or order); and ( b ) the expenditure or the repairs, works or acts were 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 the person’s tenant, lessee, licensee or invitee, the amount of that expenditure expended by it in performing the repairs, works or acts is recoverable by it from that person as a debt in an action in any court of competent jurisdiction.


document_id: bsma-2004
provision_ref: s31
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 31
title: Powers of entry of management corporation
content:
31. —(1) For the purpose of carrying out — ( a ) pursuant to section 30(1), (2), (4) or (5), any work; ( b ) any work required to be carried out by a management corporation — (i) by a notice served on it by a public authority; or (ii) by an order (including an interim order) of a Board; ( c ) any work mentioned in section 29(1)( b ) or ( d ); or ( d ) any work necessary to repair or renew any pipe, wire, cable or duct mentioned in section 63( a )(ii), the management corporation may, by its agents, employees or contractors, enter upon any part of the parcel for the purpose of carrying out the work — ( e ) in the case of an emergency — at any time; or ( f ) in any other case — at any reasonable time on notice being given to any occupier of that part of the parcel. (2) Any person who obstructs or hinders a management corporation in the exercise of any power under this section shall be guilty of an offence.


document_id: bsma-2004
provision_ref: s32
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 32
title: By-laws for common property
content:
32. —(1) Every parcel comprised in a strata title plan is regulated by by‑laws. (2) Subject to the Fourth Schedule, the by-laws prescribed by regulations are the by‑laws for every parcel comprised in a strata title plan in respect of which a management corporation is constituted on or after 1 April 2005, and any by‑law made under this section or section 33 must not be inconsistent with any such prescribed by‑law. (3) Except as otherwise provided in section 33, a management corporation may, pursuant to a special resolution, make by‑laws, or amend, add to or repeal any by‑laws made under this section, for the purpose of controlling and managing the use or enjoyment of the parcel comprised in the strata title plan, including all or any of the following purposes: ( a ) safety and security measures; ( b ) details of any common property of which the use is restricted; ( c ) the keeping of pets; ( d ) parking; ( e ) floor coverings; ( f ) garbage disposal; ( g ) behaviour; ( h ) architectural and landscaping guidelines to be observed by all subsidiary proprietors; ( i ) any other matters appropriate to the type of strata scheme concerned. (3A) Despite subsection (3)( d ), any by‑law for the purpose of controlling and managing the use or enjoyment of any parking lot within the common property that has fixed EV chargers installed may be made, amended, added to or repealed by a management corporation pursuant to an ordinary resolution. [Act 43 of 2022 wef 08/12/2023] (4) Any by-laws made, and any amendment of, addition to or repeal of the by‑laws made under this section or section 33, have no force or effect until a copy of the by‑laws or the amendment, addition or repeal (as the case may be) has been lodged with the Commissioner. (5) A copy of every by-law made by the management corporation under this section or section 33, and every addition to, amendment or repeal of any such by‑law for the time being in force, certified as a true copy under the seal of the management corporation, must be lodged by the management corporation with the Commissioner, in the form and manner acceptable to the Commissioner, and not later than the 45th day after the passing of the resolution by the management corporation approving the making of such by‑law or any amendment of, addition to or repeal of any existing by‑law. [35/2017] (6) Without limiting the operation of any other provision of this Act, the prescribed by‑laws and any by‑laws made under this section or section 33 for the time being in force bind the management corporation and the subsidiary proprietors and any mortgagee in possession (whether personally or by any other person), lessee or occupier of a lot to the same extent as if the by‑laws — ( a ) had been signed and sealed by the management corporation, and each subsidiary proprietor and each such mortgagee, lessee and occupier, respectively; and ( b ) contained mutual covenants to observe, comply and perform all the provisions of the by-laws. (7) A lease of a lot is deemed to contain an agreement by the lessee that the lessee will comply with the prescribed by‑laws and any by‑laws made under this section or section 33 for the time being in force. (8) The management corporation must — ( a ) keep a record of the prescribed by‑laws and any by‑laws made by the management corporation under this section or section 33 which are in force from time to time; ( b ) make available for viewing, free of charge, the prescribed by‑laws and any by‑laws made by the management corporation under this section or section 33 which are in force, as follows: (i) display them on a notice board maintained by the management corporation on the common property; (ii) make them available for viewing at the office of the management corporation, on the application of a person who has an interest in so applying; and ( c ) on receipt of an application in writing made by a subsidiary proprietor, or by a person duly authorised to apply on behalf of a subsidiary proprietor for a copy of the by‑laws which are in force, supply to such subsidiary proprietor or duly authorised person, on payment of a fee that is not more than a prescribed amount, a copy of the by‑laws. [35/2017] (9) No by-law made under this section or section 33 is capable of operating — ( a ) to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing of a lot; or ( b ) to destroy or modify any easement expressly or impliedly created by or under this Act or the Land Titles (Strata) Act 1967. (10) The management corporation or subsidiary proprietor, mortgagee in possession, lessee or occupier of a lot is entitled to apply to the court — ( a ) for an order to enforce the performance of or restrain the breach of any by‑law by; or ( b ) to recover damages for any loss or injury to person or property arising out of the breach of any by‑law from, any person bound to comply therewith, the management corporation or the managing agent. (11) The court may make such order against any such person, the management corporation or the members of its council, or the managing agent, as the court thinks fit. (12) In this section, “lease” includes a tenancy agreement.


document_id: bsma-2004
provision_ref: s33
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 33
title: Exclusive use by-laws
content:
33. —(1) Without affecting section 32, with the written consent of the subsidiary proprietor of the lot concerned, a management corporation may make a by‑law — ( a ) pursuant to an ordinary resolution, conferring on the subsidiary proprietor of a lot specified in the by‑law, or on the subsidiary proprietors of the several lots so specified, for a period not exceeding one year — (i) the exclusive use and enjoyment of; or (ii) special privileges in respect of, the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by‑law; ( b ) pursuant to a special resolution, conferring on the subsidiary proprietor of a lot specified in the by‑law, or on the subsidiary proprietors of the several lots so specified, for a period which exceeds one year but does not exceed 3 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 3 years — (i) the exclusive use and enjoyment of; or (ii) special privileges in respect of, the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by‑law; ( c ) pursuant to a 90% resolution, conferring on the subsidiary proprietor of a lot specified in the by‑law, or on the subsidiary proprietors of the several lots so specified, for a period which exceeds 3 years — (i) the exclusive use and enjoyment of; or (ii) special privileges in respect of, the whole or any part of the common property, upon conditions (including the payment of money at specified times or as required by the management corporation, by the subsidiary proprietor or subsidiary proprietors of the lot or several lots) specified in the by‑law; or ( d ) amending, adding to or repealing a by-law made in accordance with paragraph ( a ), ( b ) or ( c ), as the case may be. (2) A by-law mentioned in subsection (1) must either provide that — ( a ) the management corporation continues to be responsible to carry out its duties under section 29(1), at its own expense; or ( b ) the subsidiary proprietor or proprietors of the lot or lots concerned are responsible for, at the subsidiary proprietor’s or subsidiary proprietors’ expense, the performance of the duties of the management corporation mentioned in paragraph ( a ), and in the case of a by-law that confers rights or privileges on more than one subsidiary proprietor, any money payable by virtue of the by‑law by the subsidiary proprietors concerned — ( c ) to the management corporation; or ( d ) to any person for or towards the maintenance or upkeep of any common property, is, except to the extent that the by-law otherwise provides, payable by the subsidiary proprietors concerned proportionately according to the relevant proportions of their respective share values. (3) Any by-law mentioned in subsection (1), while it remains in force, enures as appurtenant to, and for the benefit of, and is binding upon, the subsidiary proprietor or subsidiary proprietors for the time being of the lot or lots specified in the by‑law. (4) To the extent to which such a by-law makes a subsidiary proprietor directly responsible for the duties of the management corporation mentioned in subsection (2)( a ), it discharges the management corporation from the performance of those duties. (5) If a by-law does not provide as required by subsection (2)( a ) or ( b ), the subsidiary proprietor or subsidiary proprietors are responsible at the subsidiary proprietor’s or subsidiary proprietors’ own expense, for the duties of the management corporation mentioned in subsection (2)( a ). (6) Any moneys payable by a subsidiary proprietor to the management corporation under a by‑law mentioned in subsection (1) may be recovered as a debt by the management corporation in any court of competent jurisdiction. (7) A by-law made pursuant to subsection (1) — ( a ) need not identify or define the common property which is the subject of the grant of exclusive use and enjoyment or special privileges provided that the by-law prescribes a method of identifying or defining the common property; and ( b ) may authorise the transposition of an identified or defined area of the common property from one subsidiary proprietor of a lot to another subsidiary proprietor of a lot at any time and from time to time on receipt of written notice to the management corporation from both such subsidiary proprietors.


document_id: bsma-2004
provision_ref: s34
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 34
title: Dispositions and additions to, etc., common property
content:
34. —(1) A management corporation may, subject to the approval of the relevant authority, and pursuant to a 90% resolution — ( a ) execute on behalf of its subsidiary proprietors a transfer of any part of common property (including a part of any building or any immovable property affixed to the common property) as provided in section 23 of the Land Titles (Strata) Act 1967; or ( b ) execute on their behalf a lease of or rent part of such common property for a period which exceeds 3 years, other than common property which is the subject of any lease accepted or acquired by the management corporation under subsection (3). (2) Subject to the approval from the relevant authority, a management corporation may — ( a ) pursuant to a special resolution, execute on behalf of its subsidiary proprietors a lease of or rent part of such common property to any person for a period which exceeds one year but does not exceed 3 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 3 years; or ( b ) pursuant to an ordinary resolution, execute on their behalf a lease of or rent part of such common property to any person for a period which does not exceed one year and cannot be extended by exercise of any option of renewal to exceed an aggregate of one year, other than common property which is the subject of any lease accepted or acquired by the management corporation under subsection (3). [35/2017] (2A) Subsections (1) and (2) do not apply to or in relation to any matter falling within section 34A(1). [Act 43 of 2022 wef 08/12/2023] (3) A management corporation may, pursuant to a special resolution, and subject to the approval from the relevant authority, accept — ( a ) a grant or transfer of any land (not being a lot within the parcel) which abuts the parcel, free from any encumbrances (except those created by statute and subsisting easements); ( b ) a grant or transfer of any lot, including the undivided share in the common property appurtenant to that lot, free from any encumbrances (except those created by statute and subsisting easements); or ( c ) a lease of land, not being a lot within the parcel, whether or not it abuts on the parcel, for the purpose of creating additional common property. (4) A management corporation may, by an ordinary resolution, approve the subdivision of a lot or the amalgamation of 2 or more lots resulting in the creation of any additional or new common property. [35/2017] (5) Where there are 2 or more management corporations established for separate parcels which are of the same tenure, the respective management corporations may, pursuant to respective special resolutions and subject to the approval from the relevant authority, accept and execute such instruments to amalgamate the common property within the parcels to be held by all the subsidiary proprietors of the respective management corporations as tenants‑in‑common in undivided shares.


document_id: bsma-2004
provision_ref: s34A
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 34A
title: Ordinary resolution for installation, etc., of fixed EV chargers in common property
content:
34A. —(1) A management corporation may, subject to subsection (2) and the approval from the relevant authority, and pursuant to an ordinary resolution, execute on behalf of its subsidiary proprietors — ( a ) a lease of or rent, or licence of, any part of the common property to any person for the installation of a fixed EV charger, for a period that does not exceed 10 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 10 years; or ( b ) an agreement for the uninstallation of a fixed EV charger that is installed in any part of the common property under a lease, rent or licence mentioned in paragraph ( a ). (2) For the purpose of subsection (1), the management fund or sinking fund must not be used for the installation or uninstallation of any fixed EV charger in the common property. [Act 43 of 2022 wef 08/12/2023]


document_id: bsma-2004
provision_ref: s35
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 35
title: Creation of easements by management corporation
content:
35. —(1) Subject to subsection (2), a management corporation may, pursuant to a unanimous resolution — ( a ) execute on behalf of its subsidiary proprietors a grant of easement or a restrictive covenant burdening the parcel; ( b ) accept on their behalf a grant of easement or a restrictive covenant; ( c ) surrender on their behalf a grant of easement or a restrictive covenant burdening the parcel; or ( d ) accept on their behalf a surrender of a grant of easement or a restrictive covenant. (2) Subsection (1) does not authorise a management corporation to accept, grant or execute a surrender of any easement relating to common property which is the subject of a lease accepted or acquired by the management corporation under section 34(3) that, apart from subsection (1), it is not entitled to accept or execute as a lessee or, by the terms of the lease, it is prevented from accepting or executing.


document_id: bsma-2004
provision_ref: s36
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 36
title: Application by subsidiary proprietor to court regarding common property
content:
36. —(1) Despite sections 34 and 35, a subsidiary proprietor may make an application to the court for an order to direct the management corporation or management corporations to — ( a ) transfer a part of the common property; ( b ) accept a transfer of any land or part thereof or any lot so that the land or part thereof or lot forms part of the common property; or ( c ) amalgamate the common property of 2 or more management corporations. (2) When an application has been made to the court under subsection (1), the court may, on being satisfied that it is impracticable to convene a meeting to pass the required resolution and that having regard to the rights and interests of the subsidiary proprietors and the persons having registered interests in the common property as a whole it is just and equitable that — ( a ) the transfer of the part of the common property should be made; ( b ) any land or part thereof or lot should form part of the common property; or ( c ) the common property of 2 or more management corporations should be amalgamated, make an order directing the management corporation or management corporations to transfer that part of the common property, accept the transfer of the land or part thereof or lot, or execute an instrument of transfer of 2 or more parcels so that those parcels become vested as one parcel in all the subsidiary proprietors as tenants‑in‑common insofar as these parcels affect the common property (as the case may be) and lodge the transfer with the Registrar of Titles.


document_id: bsma-2004
provision_ref: s37
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 37
title: Improvements and additions to lots
content:
37. —(1) Except pursuant to an authority granted under subsection (2), a subsidiary proprietor of a lot that is comprised in a strata title plan must not effect any improvement in or upon the lot for the subsidiary proprietor’s benefit which increases or is likely to increase the floor area of the land and building comprised in the strata title plan. (2) A management corporation may, at the request of a subsidiary proprietor of any lot comprised in its strata title plan and on the terms it considers appropriate, by 90% resolution, authorise the subsidiary proprietor to effect any improvement in or upon the subsidiary proprietor’s lot mentioned in subsection (1). (2A) To avoid doubt, subsections (1) and (2) do not affect the operation of the Planning Act 1998, or any requirement under that Act for written permission for any improvement in or upon a lot which increases or is likely to increase the floor area of the land and building comprised in the strata title plan. [35/2017] (3) Except pursuant to an authority granted under subsection (4) by the management corporation or permitted under section 37A, a subsidiary proprietor of a lot that is comprised in a strata title plan must not effect any other improvement in or upon the lot for the subsidiary proprietor’s benefit which affects the appearance of any building comprised in the strata title plan. [35/2017] (4) A management corporation may, at the request of a subsidiary proprietor of any lot comprised in its strata title plan and upon such terms as it considers appropriate, authorise the subsidiary proprietor to effect any improvement in or upon the subsidiary proprietor’s lot mentioned in subsection (3) if the management corporation is satisfied that the improvement in or upon the lot — ( a ) will not detract from the appearance of any of the buildings comprised in the strata title plan or will be in keeping with the rest of the buildings; and ( b ) will not affect the structural integrity of any of the buildings comprised in the strata title plan. (4A) Where the management corporation for a strata title plan is satisfied that an improvement in or upon a lot comprised in the strata title plan is effected in contravention of subsection (1) or (3), the management corporation may, by written notice given to the subsidiary proprietor of the lot (whether or not the subsidiary proprietor is responsible for the contravention) require the subsidiary proprietor to carry out and complete, at the subsidiary proprietor’s own cost, any works or alteration to the lot to remedy the breach within a reasonable time specified in the notice. [35/2017] (5) In this section, in relation to any land and building comprised in a strata title plan, “floor area” has the meaning given by the Planning (Development Charges) Rules.


document_id: bsma-2004
provision_ref: s37A
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 37A
title: Installation of safety equipment permitted
content:
37A. —(1) A subsidiary proprietor of a lot in a building on a parcel comprised in a strata title plan may install safety equipment on the lot, or as part of any window, door or opening on the lot which is facing outdoors, despite any other provision of this Act or the regulations or any by‑law of the parcel which otherwise prohibits the installation of the safety equipment. [35/2017] (2) A subsidiary proprietor of a lot in a building who installs safety equipment under this section must — ( a ) repair any damage caused to any part of the common property or limited common property (as the case may be) by the installation of the safety equipment; and ( b ) ensure that the safety equipment is installed in a competent and proper manner and has an appearance, after it has been installed, in keeping with the appearance of the building. [35/2017] (3) In this section, “safety equipment” means — ( a ) any of the following features to prevent people from falling over the edge of an outdoor‑facing balcony or terrace or a window or door or an opening which is outdoor‑facing: (i) a window grille or screen; (ii) a balustrade, railing or fence; ( b ) any device capable of restricting the opening of a window or door or an opening which is outdoor‑facing; ( c ) any screen or other device to prevent entry of animals or insects on the lot; ( d ) an intruder alarm or monitoring system; and ( e ) any lock or other security mechanism that is designed to protect occupiers of the lot against intruders to the lot. [35/2017]


document_id: bsma-2004
provision_ref: s38
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 38
title: Management funds and sinking funds
content:
38. —(1) A management corporation must establish and maintain a fund as its management fund. (2) A management corporation must pay into its management fund — ( a ) all moneys received by it in respect of contributions determined under section 39(1); ( b ) the proceeds of the sale or other disposal of any movable property that is part of the common property and belongs to the management corporation; ( ba ) all moneys received by it from the Collector of Land Revenue as an award of compensation under the Land Acquisition Act 1966 for any non‑lot acquisition relating to its strata title plan; ( c ) any fee received by the management corporation under section 47; ( d ) any amount paid to the management corporation by way of discharge of insurance claims; ( e ) interest received on any investment belonging to the management fund; and ( f ) any income received by the management corporation from the rental of the common property. [26/2014; 35/2017] (3) A management corporation must not disburse any moneys from its management fund other than for the purpose of — ( a ) meeting its liabilities referred to in section 39(1); ( b ) carrying out its powers, authorities, duties or functions under this Act; ( c ) transferring moneys therein not required to meet the liabilities of the management fund to the sinking fund. [35/2017] (3A) The estimated expenses for matters under subsection (3)( d ) and ( e )* must be included in an annual budget placed before an annual general meeting to be approved by an ordinary resolution. [35/2017] [*Subsection (3)(d) and (e) introduced by section 27(e) of the Building Maintenance and Strata Management Act 2017 has not come into operation] (3B) The management corporation may convene an extraordinary general meeting to approve, by ordinary resolution, a supplementary budget for unforeseen or urgent expenditure for matters under subsection (3)( d ) or ( e )*. [35/2017] [*Subsection (3)(d) and (e) introduced by section 27(e) of the Building Maintenance and Strata Management Act 2017 has not come into operation] (4) A management corporation must also establish and maintain a fund as its sinking fund. (5) In addition to any moneys transferred under subsection (3)( c ), a management corporation must pay into its sinking fund — ( a ) all moneys received by it in respect of contributions determined under section 39(2); ( b ) any amount paid to the management corporation by way of discharge of insurance claims and not paid to the management fund; ( ba ) the proceeds of the sale or other disposal of any immovable property that is part of the common property; ( c ) all other amounts received by the management corporation and not paid or payable into the management fund; and ( d ) interest received on any investment belonging to the sinking fund. [35/2017] (6) A management corporation must not disburse any moneys from its sinking fund other than for the purpose of — ( a ) meeting its liabilities mentioned in section 39(2); or ( b ) carrying out its powers, authorities, duties or functions under this Act. (7) A management corporation may only invest any moneys in its management fund or sinking fund in any manner permitted by law for the investment of trust funds. (8) A management corporation must pay any moneys in its management fund or sinking fund that are not otherwise invested in accordance with subsection (7) into an account established with a financial institution in the name of the management corporation. (9) A management corporation may borrow moneys and secure the repayment thereof and of any interest in such manner as may be agreed upon by the management corporation and the lender, otherwise than by charging the repayment on the common property. (9A) No moneys in the management fund or sinking fund may be used for any purpose of a collective sale of the property under Part 5A of the Land Titles (Strata) Act 1967 other than for the purpose of convening any general meeting under the Second Schedule to that Act. (9B) The moneys remaining in the management fund and sinking fund as at the date of the legal completion of a collective sale of the property in accordance with Part 5A of the Land Titles (Strata) Act 1967 must be returned as soon as practicable to the subsidiary proprietors of the lots in shares proportional to the contributions levied by the management corporation on the subsidiary proprietors in accordance with this Act. (10) A management corporation must — ( a ) cause proper books of account to be kept in respect of moneys received or expended by the management corporation showing the items in respect of which the moneys were received or expended; and ( b ) cause to be prepared, from the books mentioned in paragraph ( a ), a proper statement of accounts of the management corporation in respect of each period starting on the date the management corporation was constituted or the date up to which the last previous such statement was prepared and ending on a date not earlier than 4 months before each annual general meeting.


document_id: bsma-2004
provision_ref: s39
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 39
title: Management corporation to determine contributions by subsidiary proprietors
content:
39. —(1) The management corporation must, by ordinary resolution, determine the amounts which are reasonable and necessary to be raised by contributions for the purpose of meeting its actual or expected liabilities incurred or to be incurred within the period (not exceeding 12 months) specified in the determination in respect of — ( a ) the regular maintenance and keeping in good and serviceable repair pursuant to section 29 of parts of the parcel being the common property, fixtures, fittings and other property (including movable property) held by or on behalf of the management corporation; ( b ) the common expenses of the management corporation (except those in subsection (2)( a ) to ( d )); ( c ) the payment of insurance premiums; ( d ) all other liabilities incurred or to be incurred during that period by or on behalf of the management corporation in carrying out its powers, authorities, duties and functions under this Act other than liabilities mentioned in subsection (2); and ( e ) the payment of any connection charge payable under section 31M, and any tariff payable under section 31N, of the Environmental Public Health Act 1987. [35/2017; 48/2018] (2) The management corporation must, also by ordinary resolution, determine the amounts which are reasonable and necessary to be raised by contributions for the purpose of meeting its actual or expected liabilities incurred or to be incurred in respect of — ( a ) painting or treating of any part of the common property which is a structure or other improvement for the preservation and appearance of the common property; ( b ) major repairs and improvements to, and maintenance of, the common property and boundary wall; ( c ) the renewal or replacement pursuant to section 29 of parts of the parcel being the common property, fixtures, fittings and other property (including movable property) held by or on behalf of the management corporation; ( d ) the acquisition of movable property; ( da ) any non‑lot acquisition related expenses of the management corporation; and ( e ) any other liabilities expected to be incurred at a future time where the management corporation determines by ordinary resolution that the whole or part thereof should be met from its sinking fund. [26/2014; 35/2017] (3) If the management corporation becomes liable to pay any moneys that it is unable to pay immediately, the management corporation must determine, by ordinary resolution, that amount to be raised by contributions. [35/2017] (4) A determination made by a management corporation under subsection (1) or (2) may specify that the amounts to be raised for the purposes therein referred to are to be raised by such regular periodic contributions as may be specified in the determination.


document_id: bsma-2004
provision_ref: s40
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 40
title: Contributions by subsidiary proprietors
content:
40. —(1) A management corporation may levy the contributions determined by it in accordance with section 39(1) or (2) or 41, and the contributions mentioned in section 39(3), by serving on the subsidiary proprietors written notice of the contributions payable by them in respect of their respective lots. (2) Subject to sections 41 and 108(3), the contributions levied by a management corporation in respect of each lot are payable by the subsidiary proprietors in shares proportional to the share value of their respective lots. (3) If, at the time a person becomes a subsidiary proprietor of a lot, another person is liable in respect of the lot to pay a contribution levied under this section or section 41, the subsidiary proprietor shall, subject to section 47(3), be jointly and severally liable with the other person for the payment of the contribution and interest on the contribution. (4) A person who has ceased to be a subsidiary proprietor of the lot is only liable to pay the contribution levied under this section or section 41 and which was unpaid at the time the person ceased to be a subsidiary proprietor, plus the interest accruing on the unpaid contribution until the time it is paid. (5) Without affecting the liability of the subsidiary proprietor of a lot in respect of any contribution levied under this section or section 41, where a mortgagee is in possession (whether personally or by any other person) of a lot, the mortgagee shall be jointly and severally liable with the subsidiary proprietor of the lot of which the mortgagee is in possession — ( a ) for any contribution to a management fund or sinking fund by regular periodic instalments; ( b ) for any other contributions if written notice of the levy of the contribution has been served on the mortgagee; and ( c ) for interest on any of those contributions. (6) Any contribution levied under this section or section 41 — ( a ) becomes due and payable to the management corporation without any deduction whatsoever in accordance with the decision of the management corporation to make the levy; ( b ) if not paid on or before the 30th day after it becomes due and payable, bears interest at the rate determined by the management corporation and the interest accrues from the expiry of 30 days after the date when the contribution becomes due and payable unless the management corporation determines in a general meeting (either generally or in a particular case) that any unpaid contribution bears no interest; and ( c ) may, together with the interest due, be recovered as a debt by the management corporation in any court of competent jurisdiction. [35/2017] (7) Any interest paid under subsection (6) forms part of the fund to which the contribution belongs. (8) [ Deleted by Act 33 of 2018 ] (9) Where any contribution or interest thereon levied under subsection (6) is not paid on or before the 30th day after it becomes due and payable, the management corporation may serve a written demand on the subsidiary proprietor of the lot in respect of which the contribution is levied. [35/2017] (10) A subsidiary proprietor who fails to pay any contribution or interest due and owing to a management corporation before the 14th day after the date of service of any written demand mentioned in subsection (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the contribution or interest or both remain unpaid after conviction. [35/2017; 33/2018] (11) The court before which a conviction for an offence under subsection (10) is had may, in addition to such fine, order the subsidiary proprietor to pay to the management corporation the amount of any contribution together with any interest thereon or any interest certified by the management corporation to be due from the subsidiary proprietor at the date of the subsidiary proprietor’s conviction, and such amount must be recovered according to any written law for the time being in force for the recovery of fines. (12) In this section, “subsidiary proprietor” includes — ( a ) a mortgagee in possession and the person for the time being receiving the rent of the lot, whether as agent or trustee or as receiver, or who would receive the rent if the lot were let to a tenant; and ( b ) the person whose name is included in the Valuation List mentioned in the Property Tax Act 1960 as the owner of the lot for the purposes of that Act.


document_id: bsma-2004
provision_ref: s41
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 41
title: Additional or variation of contributions
content:
41. —(1) Despite section 40(2), the contributions payable by the subsidiary proprietor of a proposed lot are, during the period when any building consisting of that proposed lot is being erected and is not yet completed, reduced by 75%. (2) For the purposes of subsection (1), a building consisting of a proposed lot is deemed to be completed when a temporary occupation permit is issued for any proposed lot in the building. (3) Despite section 40(2), a management corporation may, subject to the approval of the Commissioner under subsection (4), levy additional contributions on the subsidiary proprietor of any lot — ( a ) where a lot has been subdivided into 2 or more lots and the management corporation will incur additional expenditure in maintaining the facilities or common property, whether or not new facilities or new common property arise from the subdivision of the firstmentioned lot; ( b ) where any change of use in respect of a lot has been approved by the competent authority without any alteration to the common property; or ( c ) where improvements in or upon the lot have been effected for the benefit of the subsidiary proprietor thereof in accordance with section 37. (4) The Commissioner may approve the levy of any additional contribution under subsection (3) if and only if he or she is satisfied that the additional contribution is not inadequate, excessive and unreasonable. (5) The Commissioner must give any subsidiary proprietor concerned an opportunity of being heard before giving his or her approval for any additional contribution to be levied under subsection (3). (6) Despite section 40(2), where any common property is altered or any structure is erected on the common property giving rise to a change in use of the common property by or in respect of any lot, the management corporation may, pursuant to a comprehensive resolution, levy contributions to the management fund and sinking fund on any subsidiary proprietor of such lot using any one or more formulae different from that in section 40(2). (7) A copy of every comprehensive resolution mentioned in subsection (6) must be filed by the management corporation concerned with the Commissioner not later than the 7th day after its passing. [35/2017] (8) Despite section 40(2) but subject to subsections (1), (3) and (6), a management corporation may, pursuant to resolution by consensus, levy contributions to the management fund or sinking fund on all or any of its subsidiary proprietors based on any other method. (9) A management corporation may, by special resolution, determine (either generally or in a particular case) the amount or percentage less of a contribution levied that a subsidiary proprietor may pay in the following circumstances: ( a ) if the contribution is paid to the management corporation before the date it becomes payable; ( b ) for contributions payable by instalments — if the contribution is paid in full on or before the date specified in the notice for payment in full, or if the contributions are paid in another way stated in the resolution.


document_id: bsma-2004
provision_ref: s42
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 42
title: Contributions payable before first annual general meeting
content:
42. —(1) Where the first annual general meeting of a management corporation constituted in respect of a strata title plan has not yet been convened, the subsidiary proprietor of each of the lots in the strata title plan must, starting from the date the management corporation is constituted, pay to the management corporation any sum which has been approved by the Commissioner under section 18 as the amount payable for the maintenance of the subdivided building and the common property. [35/2017] (2) The sum mentioned in subsection (1) is deemed to be the amount determined by the management corporation as the contributions payable by the subsidiary proprietors to the management fund of the management corporation.


document_id: bsma-2004
provision_ref: s43
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 43
title: Recovery of contribution from sale of lot
content:
43. —(1) Where — ( a ) an amount is recoverable by the management corporation from the subsidiary proprietor of a lot under section 30; or ( b ) any contribution is levied under section 40 or 41, and the amount or contribution remains unpaid on the expiry of a period of 30 days after the management corporation has served a written demand for the amount or contribution, that amount or contribution, including any interest thereon (if any), constitutes a charge on the lot in favour of the management corporation upon lodgment of an instrument of charge by the management corporation with and the registration thereof by the Registrar of Titles. (2) Upon registration of the instrument of charge by the Registrar of Titles — ( a ) the management corporation has, subject to subsection (3), the power of sale and all other powers relating or incidental thereto as if the management corporation is a registered mortgagee; and ( b ) the amount or contribution due (including interest thereon) is subject to all statutory charges of any public authority over the lot and to all encumbrances registered or notified prior to the date of lodgment of that instrument of charge except that in the case where a prior registered mortgagee or chargee has sold the lot in exercise of the mortgagee’s or chargee’s power of sale, the registered charge of the estate or interest of the lot when transferred to a purchaser by the mortgagee or chargee shall not be overreached by the exercise of the power of sale by the mortgagee or chargee of a prior registered mortgage or charge. (3) The management corporation must not proceed to sell the lot under subsection (2)( a ) unless — ( a ) a special resolution has been passed by the management corporation to have the lot sold; ( b ) a notice of the intended sale has been published once in one or more daily newspapers approved by the Registrar of Titles; ( c ) during the period of 6 weeks after the date of such publication, no payment has been received for the amount or contribution due (including interest thereon) and the cost of publication specified in paragraph ( b ) as well as any other necessary incidental charges; and ( d ) there is no legal action pending in court to restrain the management corporation from proceeding with the sale. (4) Where a transfer of any lot has been made by the management corporation in the exercise of its power of sale as a chargee under subsections (2) and (3) and lodged with the Registrar of Titles for registration — ( a ) the transfer must not be accepted for registration unless there has been lodged with the Registrar of Titles — (i) a certified true copy of the special resolution of the management corporation authorising the exercise of its power of sale with the seal of the management corporation affixed thereto in the presence of 2 members of the council of the management corporation; (ii) a copy of every publication containing the notice mentioned in subsection (3)( b ); and (iii) a statutory declaration made by the members of the council of the management corporation mentioned in sub‑paragraph (i) jointly stating that the amount or contribution and interest due thereon, including all necessary incidental charges owing to the management corporation as at the date of the contract for the sale of the lot, have not been paid and that there is no legal action pending in court to restrain the management corporation from proceeding with the sale of the lot; and ( b ) neither the person who purchased the lot from the management corporation nor the Registrar of Titles is to be concerned to inquire into the regularity or validity of the sale or transfer. (5) Where an instrument of charge has been registered against a lot under this section, the subsidiary proprietor of the lot is — ( a ) upon payment of the whole amount or contribution due (including interest thereon) and any necessary or incidental charges (including legal costs) to the management corporation before it has exercised its power of sale conferred by this section, entitled to an instrument of discharge executed and acknowledged by the management corporation as to the receipt of the payment; and ( b ) upon registration of the instrument of discharge or, in the event of the management corporation refusing to execute a discharge, an order of court declaring that the lot is discharged from the charge, the lot is freed from the charge constituted under this section. (6) For the purpose of registration of a charge, discharge or transfer under this section, the Registrar of Titles may dispense with the production of the relevant duplicate subsidiary strata certificate of title issued under the Land Titles (Strata) Act 1967. (6A) Without affecting subsection (6), where the existing subsidiary strata certificate of title for the lot is not presented with the transfer, the Registrar of Titles may cancel the existing folio and create a new folio in favour of the transferee. [8/2014] (7) Despite section 80 of the Land Titles Act 1993 and section 15 of the Registration of Deeds Act 1988 — ( a ) where further contributions and interest thereon are due to the management corporation after the registration of an instrument of charge under this section; or ( b ) where the management corporation has incurred or become liable for any reasonable legal costs and reasonable expenses incurred in connection with the collection or attempted collection of the unpaid amount or contribution or further amount or contribution, the amount or contribution due (including interest thereon) and the legal costs and expenses shall rank in priority to any other claims as if the amount or contribution were due at the date of the registration of the charge. (8) A charge under subsection (2) continues in force until all the amount or contributions (including interest thereon) and the legal costs and expenses (as the case may be) secured by the charge have been paid. (9) This section does not affect the rights and powers conferred on the management corporation by sections 30 and 40 to recover the amount or contribution due and all interest thereon including any legal costs and incidental charges necessarily incurred for the recovery of the amount or contribution in respect of any lot as a debt from the subsidiary proprietor of, or the subsidiary proprietor’s successor in title to, the lot. (10) In this section, “public authority” means the Government, the Collector of Land Revenue, the Comptroller of Property Tax, and any other person, corporation or body, authorised or empowered by any written law to attach, sell or acquire land compulsorily.


document_id: bsma-2004
provision_ref: s44
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 44
title: Liability of members for debts of management corporation
content:
44. —(1) The payment of any expenditure lawfully incurred by a management corporation in the course of the exercise of any of its powers or functions or the carrying out of its duties or obligations is, by virtue of this section, guaranteed by the persons who, for the time being and from time to time, comprise the management corporation. (2) The subsidiary proprietor of a lot is liable only to pay the amount which the subsidiary proprietor would have to pay if contributions were levied by the management corporation under section 40 or 41(6) to raise the necessary sum for the payment of the expenditure.


document_id: bsma-2004
provision_ref: s45
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 45
title: Audit of accounts of management corporation
content:
45. —(1) Subject to section 134, the books and accounts of every management corporation in respect of each financial year of the management corporation must be audited. (2) The audit of the books and accounts of a management corporation must be carried out only by a person who is a public accountant within the meaning of the Companies Act 1967. (3) The auditor must be appointed by — ( a ) the management corporation at its annual general meeting; or ( b ) the council of the management corporation not later than the 90th day after the annual general meeting is concluded if no auditor is appointed during that annual general meeting, and the auditor holds office until the conclusion of the next annual general meeting of the management corporation. [35/2017]


document_id: bsma-2004
provision_ref: s46
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 46
title: Strata roll
content:
46. —(1) A management corporation must prepare and maintain a strata roll in accordance with this section. (2) The strata roll may be kept in the form determined by the management corporation. [35/2017] (3) The management corporation must record the following information on a page of the strata roll relating to the lot to which the information relates: ( a ) the share value of the lot, as shown on the schedule of strata units accepted by the Commissioner under section 11; ( b ) the name of the subsidiary proprietor as shown on the folio of the subsidiary strata land‑register comprising the lot, and an address within Singapore for the service of notices on the subsidiary proprietor of that lot; ( ba ) the name of every transferee under the transfer of the lot, and the address within Singapore for service of notices on the transferee, as shown in notices given to the management corporation under section 65(2) or (3); ( c ) the name of any mortgagee of the lot notice of whose mortgage has been given to the management corporation under section 65(4), the address within Singapore for the service of notices on the mortgagee as shown in that notice and any other mortgages which are specified in that notice as having priority over the mortgagee’s mortgage; ( d ) the name of the representative of any company which is the subsidiary proprietor or mortgagee of the lot as shown in notices given to the management corporation for the purposes of section 65(10); ( e ) the discharge, transfer, assignment or submortgage of any mortgage referred to in paragraph ( c ), as shown in a notice given to the management corporation under section 65(5) or (6) and, except in the case of a discharge, the address within Singapore for the service of notices on the transferee, assignee or submortgagee as shown in that notice; ( f ) the date of entry into possession of the lot by a mortgagee as shown in a notice given to the management corporation under section 65(7); ( g ) the address within Singapore for the service of notices on any person as shown in a notice given to the management corporation under section 65(1). [35/2017] (3A) In this section, a reference to an address within Singapore for the service of notices includes a reference to an email address (if provided). [35/2017] (4) The management corporation must record and maintain in the strata roll a copy of the by‑laws for the time being in force with respect to the subdivided building.


document_id: bsma-2004
provision_ref: s47
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 47
title: Supply of information, etc., by management corporations
content:
47. —(1) A management corporation must, upon application made to it in writing in respect of a lot which is the subject of the subdivided building concerned by a subsidiary management corporation, or by a subsidiary proprietor or mortgagee or prospective purchaser or mortgagee of that lot or by a person authorised in writing by such a subsidiary proprietor or mortgagee and on payment of the prescribed fee, do any one or more of the following things as are required of it in the application: ( a ) inform the applicant of the name and address of the chairperson, secretary and treasurer of the management corporation and of any person who has been appointed under section 66 as managing agent; ( b ) make available for inspection by the applicant or the applicant’s agent — (i) the strata roll; (ii) the notices and orders mentioned in section 29(1)( g ); (iii) the plans, specifications, certificates, drawings and other documents delivered under section 26(4); (iv) the minutes of general meetings of the management corporation and of the council; (v) the books of account of the management corporation; (vi) a copy of the statement of accounts of the management corporation last prepared by the management corporation in accordance with section 38(10); (vii) any notice under section 3, 8 or 16 of the Land Acquisition Act 1966, or any copy of an award under section 10 of that Act, received by the management corporation for any non‑lot acquisition relating to the strata title plan for which the management corporation is constituted; and (viii) any other record or document in the custody or under the control of the management corporation, at such time and place as may be agreed upon by the applicant or the applicant’s agent and the management corporation and, failing agreement, at the subdivided building at a time and on a date fixed by the management corporation under subsection (2); ( c ) certify, as at the date of the certificate, in respect of the lot in respect of which the application is made — (i) the amount of any regular periodic contributions determined by the management corporation under section 39(1) and (2) and the periods in respect of which those contributions are payable; (ii) whether there is any amount unpaid of any contribution determined under section 39(1) and (2) and, if so, the amount thereof and the date on which any such contribution was levied; (iii) whether there is any amount unpaid of any contribution levied under section 40 or 41 and, if so, the amount thereof and the date on which it was levied; (iv) whether there is any amount recoverable from the subsidiary proprietor of that lot under section 30 and, if so, the amount thereof; (v) any interest payable under section 40(6)( b ) in respect of any unpaid contribution mentioned in that subsection; (vi) whether the management corporation has received a copy of any application made to, or any order of, any Board or the General Division of the High Court under section 84A or 84FA of the Land Titles (Strata) Act 1967; and (vii) whether the management corporation has received any notice under section 3, 8 or 16 of the Land Acquisition Act 1966, or any copy of an award under section 10 of that Act, for any non‑lot acquisition relating to the strata title plan for which the management corporation is constituted. [13/2010; 26/2014; 40/2019] (1A) A management corporation for a strata title plan must, upon application made to it in writing by a collective sale committee constituted in accordance with the Land Titles (Strata) Act 1967 for the purposes of a collective sale under section 84A or 84FA of that Act and on payment by the collective sale committee of the prescribed fee, furnish a copy of extracts from the strata roll containing the information mentioned in section 46(3) in respect of every lot comprised in that strata title plan. [13/2010] (2) Where an applicant and a management corporation fail to reach an agreement mentioned in subsection (1)( b ) on or before the 7th day after the receipt of the application by the management corporation, the management corporation must immediately send by post to the applicant a notice fixing a time, specified in the notice, between 9 a.m. and 6 p.m. on a date so specified, being a date not later than the 21st day after the receipt of the application by the management corporation, for the making of the inspection mentioned in that subsection. [35/2017] (3) In favour of a donee of, or a person taking for valuable consideration, an estate or interest in any lot, a certificate given under subsection (1)( c ) by a management corporation in respect of that lot is conclusive evidence, as at the date of the certificate, of the matters stated therein. (4) A person entitled to inspect a document made available under subsection (1)( b ) may take extracts from, or make a copy of, the document upon payment of a fee (if prescribed) but may not, without the consent of the management corporation, remove the document from the custody of the management corporation for the purpose of inspecting the document, taking extracts therefrom or making a copy thereof. [35/2017]


document_id: bsma-2004
provision_ref: s47A
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 47A
title: Display of award of compensation for acquisition, etc.
content:
47A. —(1) If the management corporation is required by its by-laws to maintain a notice board, its council must — ( a ) on or before the 7th day after the management corporation receives any notice under section 3, 8, 16 or any other provision under the Land Acquisition Act 1966, or any award under section 10 of that Act, for any non‑lot acquisition relating to the strata title plan for which the management corporation is constituted, cause a copy of every such notice or award to be displayed on the notice board; and ( b ) for not less than 14 days keep displayed on that notice board the copy of that notice or award. [26/2014; 35/2017] (2) If there is no notice board, the council concerned must give, within the period delimited by subsection (1)( a ), each subsidiary proprietor who then constitutes the management corporation a copy of the notice or award mentioned in that subsection. [26/2014]


document_id: bsma-2004
provision_ref: s48
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 48
title: Records, etc., of management corporation
content:
48. —(1) A person who has possession or control of — ( a ) any records, books of account or keys belonging to a management corporation; ( b ) the strata roll kept by a management corporation; or ( c ) any other property of a management corporation, must, not later than the 7th day after service on the person of notice of a resolution of the council requiring the person to do so, deliver those records, books of account and keys and that strata roll and other property to a member of the council specified in the notice. [35/2017] (1A) Any person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [35/2017] (2) Every management corporation must retain all its records, books of account and any other documents relating to any of its transactions or operations for a period of not less than 5 years from the end of the financial year in which the transactions or operations to which those documents relate are completed. (3) Any management corporation which, without reasonable excuse, fails to comply with subsection (2) shall be guilty of an offence.


document_id: bsma-2004
provision_ref: s49
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 49
title: Restrictions on management corporation’s powers during initial period
content:
49. —(1) Despite any other provision of this Act, a management corporation constituted in respect of any strata title plan must not, during its initial period — ( a ) amend, add to or revoke the by-laws in a manner that confers a right or imposes an obligation on one or more, but not all, subsidiary proprietors or in respect of one or more, but not all, lots in that strata title plan; ( b ) alter any common property forming part of the parcel comprised in that strata title plan or erect any structure on the common property; ( c ) grant an easement or a restrictive covenant burdening the parcel; ( d ) execute a transfer of any part of the common property under section 34 or confer on any person the exclusive right to use and enjoy the common property; ( e ) make any contract which confers upon any person the right to use, occupy, control or manage any part of the common property for a period extending beyond the expiry of the initial period; ( f ) borrow moneys or give securities; or ( g ) appoint a managing agent to hold office as such for a period extending beyond the expiry of the initial period, unless the doing of that thing is authorised under section 50 or 51. (2) Any contract made by a management corporation constituted in respect of a strata title plan during its initial period, being a contract for the supply of services relating to the maintenance of any part of a parcel comprised in the strata title plan, is deemed to contain a provision therein that the contract may be terminated immediately by written notice given by the management corporation to the other party thereto without payment of any damage, fee or other compensation. (3) Without affecting any other remedy available against the owner developer of a development comprised in a strata title plan, if a management corporation constituted in respect of that strata title plan contravenes subsection (1) — ( a ) the owner developer shall be liable for any loss suffered by the management corporation or any subsidiary proprietor as a result of the contravention; or ( b ) the management corporation or any subsidiary proprietor may recover from the owner developer, as damages for breach of statutory duty, any loss suffered by the management corporation or subsidiary proprietor, unless — ( c ) the contravention occurred without the knowledge of the owner developer; ( d ) the owner developer was not in a position to influence the conduct of the management corporation in relation to the contravention; and ( e ) the owner developer, being in such a position, used all due diligence to prevent the contravention.


document_id: bsma-2004
provision_ref: s50
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 50
title: Permitted alterations to common property during initial period
content:
50. A management corporation constituted in respect of any parcel comprised in a strata title plan may, during its initial period, carry out any alteration to or erection of any structure on common property as mentioned in section 49(1)( b ) if the management corporation is authorised to carry out that alteration or erection by a special resolution.


document_id: bsma-2004
provision_ref: s51
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 51
title: Commissioner’s power to authorise certain acts during initial period
content:
51. —(1) The Commissioner may, on an application made by a management corporation, make an order authorising the doing of anything referred to in section 49(1)( a ), ( c ), ( d ), ( e ), ( f ) or ( g ). (2) Notice of an application under subsection (1) must be served, in accordance with any regulations made under this Act, on — ( a ) the subsidiary proprietor of every lot in the subdivided building concerned, unless the subsidiary proprietor is the applicant; ( b ) the registered mortgagee of every such lot; and ( c ) such other persons as the Commissioner may direct. (3) The applicant and any person mentioned in subsection (2) (whether or not that person has been served with a notice of the application under subsection (1)) is entitled to be heard on the application. (4) The Commissioner must not make an order under this section unless he or she is satisfied that the order will serve the interests of the subsidiary proprietors or those persons having equitable interests in the lots.


document_id: bsma-2004
provision_ref: s52
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 52
title: Appeal against Commissioner’s decision
content:
52. —(1) Any person who is aggrieved with any decision of the Commissioner under section 51 may, at any time within the period specified in the notice, appeal to the Minister against the decision in the prescribed manner. (2) Unless otherwise provided, where an appeal is lodged under this section, the decision appealed against must be complied with until the determination of the appeal. (3) The Minister may determine an appeal under this section by confirming, varying or cancelling the decision of the Commissioner under section 51. (4) The decision of the Minister in any appeal under this section is final. Division 3 &#x2014; Councils


document_id: bsma-2004
provision_ref: s53
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 53
title: Council of management corporation
content:
53. —(1) Subject to this section and section 53A, after the first annual general meeting, every management corporation must have a council which consists of such number of persons as the management corporation may determine in a general meeting, but in no case exceeding a total of 14 natural persons (inclusive of any member of an executive committee of a subsidiary management corporation in section 80(4)), and these persons must be elected or appointed in accordance with this Act as follows: ( a ) a chairperson; ( b ) a secretary; ( c ) a treasurer; or ( d ) a member of the council, all of whom must be natural persons elected or appointed in accordance with this Act. [35/2017] (2) Despite subsection (1), where a management corporation has not more than 3 subsidiary proprietors, the council of the management corporation must consist of each subsidiary proprietor (if any) who is a natural person or the subsidiary proprietor’s nominee, together with the nominee of each subsidiary proprietor (if any) which is a company. (3) Where a management corporation has only one subsidiary proprietor, the sole subsidiary proprietor may make any decision that a duly convened council may make under this Act, and any such decision is deemed to be a decision of the council of the management corporation. (4) All the members of the council of a management corporation must be elected at each annual general meeting of the management corporation. (5) The members of the council of a management corporation must retire from office at the conclusion of the next annual general meeting of the management corporation, but a retiring member of the council is (subject to the provisions of this Act) eligible for re‑election. (6) A person is ineligible for election as a member of the council of a management corporation unless he or she is an individual of at least 21 years of age and who — ( a ) is a subsidiary proprietor of a lot; ( b ) is nominated for election by a subsidiary proprietor of a lot which is a company; or ( c ) is not a subsidiary proprietor but is a member of the immediate family of a subsidiary proprietor and is nominated for election by that subsidiary proprietor. (7) Despite subsection (6), an individual mentioned in that subsection is ineligible for election as a member of the council of a management corporation if, on the 3rd day before the date of election — ( a ) where the individual is a subsidiary proprietor of a lot — all or any part of the contributions and any other moneys levied or recoverable by the management corporation under this Act in respect of that lot are in arrears; ( b ) where the individual is nominated for election by a subsidiary proprietor of a lot which is a company — all or any part of the contributions and any other moneys levied or recoverable by the management corporation under this Act in respect of that lot are in arrears; or ( c ) where the individual is a member of the immediate family of a subsidiary proprietor of a lot and is nominated for election by that subsidiary proprietor — all or any part of the contributions and any other moneys levied or recoverable by the management corporation under this Act in respect of that lot are in arrears. (8) Despite subsection (6) and without affecting subsection (7), the following persons are also ineligible for election as a member of the council: ( a ) an individual who is a joint subsidiary proprietor of a lot with another subsidiary proprietor, if that other subsidiary proprietor is also a candidate at that election or has nominated another person for that election; ( b ) an individual who is nominated for election by a subsidiary proprietor who owns 2 or more lots, if that subsidiary proprietor together with any of that subsidiary proprietor’s nominees — (i) nominated at the same election; or (ii) elected or appointed to the council at the same or other election, or that subsidiary proprietor’s nominees, exceed the threshold number for that subsidiary proprietor determined in accordance with subsection (12). (9) Despite subsection (6) and without affecting subsections (7) and (8), an undischarged bankrupt is eligible for election as a member of the council if, and only if, his or her status as an undischarged bankrupt is declared in writing, whether by himself or herself or by another, at the time of his or her nomination. (9A) Despite subsection (6) and without affecting subsections (7), (8) and (9), a person is ineligible for election or re‑election to office under subsection (1) — ( a ) as a chairperson if the person is already elected as the treasurer or secretary; ( b ) as a treasurer if the person is already elected as the chairperson or secretary; and ( c ) as a secretary if the person is already elected as the chairperson or treasurer. [35/2017] (9B) Despite subsection (6) and without affecting subsections (7), (8), (9) and (9A), a person is ineligible for election or re‑election to office as a treasurer under subsection (1) if the re‑election would result in the person holding office as a treasurer for 3 consecutive terms. [35/2017] (10) Where there is no council of a management corporation, the parcel comprised in a strata title plan must be administered by the management corporation constituted for that strata title plan, but nothing in this subsection prevents a managing agent appointed under this Act from exercising or performing any power, duty or function conferred or imposed upon the managing agent. (11) The Second Schedule has effect with respect to the proceedings of the council of a management corporation. (12) For the purposes of determining the eligibility of any subsidiary proprietor’s nominee for election as a member of a council under subsection (8)( b ), the threshold number for that subsidiary proprietor is — ( a ) the number of council members that is proportional to the subsidiary proprietor’s share value, ignoring any fraction; or ( b ) 49% of the number of council members determined under subsection (1), ignoring any fraction, whichever number is lower.


document_id: bsma-2004
provision_ref: s53A
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 53A
title: Councils for mixed‑use developments
content:
53A. —(1) This section applies only in relation to a management corporation with more than 3 subsidiary proprietors constituted for a parcel in a strata title plan, whether or not comprising limited common property but consisting of buildings authorised under the Planning Act 1998 for 2 or more of the following classes of use: ( a ) residence; ( b ) office; ( c ) commercial (other than as an office), such as a shop, food establishment or theatre; ( d ) boarding premises, such as a hotel, serviced apartment or nursing home; ( e ) a prescribed purpose. [35/2017] (2) Subject to this section, in the case of a management corporation of a mixed‑use development mentioned in subsection (1), there must be reserved for each class of use mentioned in that subsection and authorised for that development under the Planning Act 1998, at least one office as member of the council of that management corporation (called in this Act a reserved council office). [35/2017] (3) Despite section 53(6) and without affecting section 53(7), (8), (9), (9A) and (9B), a person is ineligible for election or re‑election under section 53 to a reserved council office for a particular class of use if the person — ( a ) is not a subsidiary proprietor of a lot in that development authorised for that class of use; and ( b ) is not a nominee of a subsidiary proprietor in paragraph ( a ). [35/2017] (4) Where at the close of nominations at a general meeting for a reserved council office, only one person eligible for election to that office is nominated for that office, that person is deemed elected to that reserved council office without voting. [35/2017] (5) However, where at the close of nominations at a general meeting for a reserved council office, no person eligible for election to that office is nominated, then that office ceases to be a reserved council office; and an election to that office is not subject to this section. [35/2017] (6) Where at the close of nominations at a general meeting for a reserved council office, more than one person eligible for election to that reserved council office is nominated (called in this section a candidate), the matter must be put to a vote, and the candidate to whom the greatest number of votes is given at the election must be declared elected to that reserved council office. [35/2017] (7) The remaining offices in the council that are not reserved must be filled — ( a ) firstly from among the candidates not declared elected to any reserved council seat after a vote is taken at the election (called in this section an unsuccessful candidate); and ( b ) on the basis of the number of votes they received at the same election in the following order of priority — by the unsuccessful candidate receiving the highest votes being placed first and other unsuccessful candidates being placed in descending order according to votes received by them. [35/2017] (8) When, after the counting of votes cast for the candidates is completed, an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of the candidates to be declared elected to an office of a council, the determination of the candidate to whom the one additional vote is to be treated as being given must, unless one of the candidates withdraws from the election, be made by drawing lots in the manner that the person presiding at the general meeting determines. [35/2017]


document_id: bsma-2004
provision_ref: s53B
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 53B
title: Nomination of candidates for election as member
content:
53B. —(1) A nomination of a person for election to be a member of the council of a management corporation or the executive committee of a subsidiary management corporation is of no effect if subsections (2), (3) and (4) are not complied with for that nomination. [35/2017] (2) Only a subsidiary proprietor, or a person entitled to vote at a general meeting of a management corporation or subsidiary management corporation, may nominate a person for election as a member of the council of the management corporation or the executive committee of the subsidiary management corporation, as the case may be. [35/2017] (3) A nomination for election to be a member of the council of a management corporation or the executive committee of a subsidiary management corporation — ( a ) may be oral or in writing; ( b ) must — (i) if oral, be made at the general meeting of the management corporation or subsidiary management corporation for the purposes of the election; or (ii) if in writing, be given at least 48 hours before the start of the meeting at which the election is to be held to the secretary of the management corporation or subsidiary management corporation, or to the convenor of the meeting in the case of the first annual general meeting; and ( c ) must state — (i) the name of the person nominated (called in this Act the candidate); and (ii) the name of the person making the nomination (who may or may not be the candidate). [35/2017] (4) A nomination, whether oral or made in writing, made for the purposes of an election at a general meeting of a management corporation or subsidiary management corporation, is effective only if it is accompanied by the consent of the candidate — ( a ) given in writing at least 48 hours before the start of the meeting at which the election is to be held to the secretary of the management corporation or subsidiary management corporation, or to the convenor of the meeting in the case of the first annual general meeting; or ( b ) given orally at the meeting. [35/2017] (5) Any consent by a candidate for election to be a member of the council of a management corporation or the executive committee of a subsidiary management corporation may be effectively withdrawn only by the candidate in person at the general meeting and before the election at the general meeting starts. [35/2017]


document_id: bsma-2004
provision_ref: s54
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 54
title: Vacation of office of member of council
content:
54. —(1) A person who is the chairperson, secretary or treasurer or a member of a council must vacate his or her office as such a member — ( a ) if the person was a subsidiary proprietor at the time of his or her appointment or election and he or she ceases to be a subsidiary proprietor; ( b ) if the person was the nominee of a subsidiary proprietor and the subsidiary proprietor who nominated him or her — (i) ceases to be a subsidiary proprietor; or (ii) notifies the management corporation in writing that the person’s office as a member of the council is vacated; ( c ) if the person fails to attend 3 consecutive meetings of the council without having first obtained from the council permission to be or to remain absent therefrom, the granting of which must not be unreasonably withheld; ( d ) upon the receipt by the management corporation from the person of written notice of the person’s resignation; ( e ) at the end of the next annual general meeting of the management corporation or upon the election at a general meeting of another person to that office, if earlier; ( f ) where the person is a member under section 53(2) or (3) and the number of subsidiary proprietors increases to more than 3, upon the election of the members of the council at the first annual general meeting held after that increase; ( g ) if the management corporation removes the person from his or her office; ( h ) if the person dies; ( i ) if the person becomes mentally disordered and incapable of managing himself or herself or his or her affairs; or ( j ) if the person is convicted, on or after 1 April 2005, by a court in Singapore or elsewhere of an offence involving fraud or dishonesty. [21/2008; 35/2017] (2) A management corporation may remove a member of its council from office — ( a ) without a general meeting — (i) where the member is a subsidiary proprietor at the time of his or her appointment or election — if all or any part of the member’s contributions or any other moneys levied or recoverable by the management corporation under this Act in respect of his or her lot are in arrears for more than 3 months; or (ii) where the member is a nominee of a subsidiary proprietor — if all or any part of that subsidiary proprietor’s contributions or any other moneys levied or recoverable by the management corporation under this Act in respect of the subsidiary proprietor’s lot are in arrears for more than 3 months; or ( b ) by ordinary resolution at a general meeting in any other case, including on any of the following grounds: (i) misconduct; (ii) neglect of duty; (iii) incapacity or failure to carry out satisfactorily the duties of the member’s office. (3) Upon the occurrence of a vacancy in the office of the chairperson, secretary or treasurer or other member of the council, otherwise than by reason of subsection (1)( e ) or ( f ), the council may appoint a person eligible for election as such to fill the vacancy, and any person so appointed holds that office for the balance of his or her predecessor’s term of office. (3A) However, an appointment under subsection (3) of a person to fill a vacancy is of no effect if the person does not consent orally in person or in writing to that appointment. [35/2017] (4) The members for the time being of the council, despite anything in the Second Schedule, constitute a quorum at a meeting of the council for the purpose only of — ( a ) appointing a person under subsection (3) to fill a vacancy in the office of the chairperson, secretary, treasurer or other member of a council; or ( b ) convening a general meeting of the management corporation for that purpose.


document_id: bsma-2004
provision_ref: s55
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 55
title: Chairperson, secretary and treasurer of council
content:
55. —(1) The chairperson, secretary and treasurer of the council of a management corporation are the chairperson, secretary and treasurer of the management corporation. (2) Where the chairperson, secretary and treasurer of the council have not been appointed by the management corporation at its annual general meeting, the members of the council must, at the first meeting of the council after they assume office, appoint the chairperson, secretary and treasurer of the council. (3) A person — ( a ) must not be appointed to the office of chairperson, secretary or treasurer of the council unless the person is a member of the council; and ( b ) subject to this section, may be appointed to one or more of those offices. (4) A person appointed to the office of chairperson, secretary or treasurer of the council holds office until — ( a ) the person ceases to be a member of the council; ( b ) the management corporation receives from the person written notice of his or her resignation from that office; or ( c ) another person is appointed by the council or by the management corporation in a general meeting to hold that office, whichever first happens. (5) Despite anything in this Act, a person appointed to the office of chairperson, secretary or treasurer of the council of a management corporation must not resign his or her office until — ( a ) a meeting of the council is first convened for the purpose of appointing another person to fill the vacancy; or ( b ) a general meeting is first convened for the purpose of electing another person to fill the vacancy, and any purported resignation or vacation of office in breach of this subsection is deemed to be invalid. (6) If a management corporation carries on business without any chairperson, secretary and treasurer for more than 6 months, every person who, for the whole or any part of the period that the management corporation is so carrying on business after those 6 months — ( a ) is a subsidiary proprietor constituting the management corporation; and ( b ) knows that the management corporation is carrying on business in that manner, shall be jointly and severally liable for the payment of all the debts of the management corporation contracted during the period after those 6 months or, as the case may be, that part of it, and may be sued therefore. (7) Despite any other provisions of this Act, an individual must not be appointed under this section to hold office — ( a ) as a chairperson if the person is already the treasurer or secretary; ( b ) as a treasurer if — (i) the person is already the chairperson or secretary; or (ii) the re‑appointment would result in the person holding office as a treasurer for 3 consecutive terms; or ( c ) as a secretary if the person is already the chairperson or treasurer. [35/2017; 2/2020]


document_id: bsma-2004
provision_ref: s56
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 56
title: Duties of secretary of council
content:
56. The duties of the secretary of the council of a management corporation include the following: ( a ) to prepare and distribute minutes of meetings of the management corporation and submit a motion for confirmation of the minutes of any meeting of the management corporation at the next such meeting; ( b ) to give on behalf of the management corporation and of the council the notices required to be given under this Act; ( c ) to maintain the strata roll; ( d ) to enable the inspection of documents on behalf of the management corporation in accordance with section 47; ( e ) to answer communications addressed to the management corporation; ( f ) to convene meetings of the council and (apart from its first annual general meeting) of the management corporation; ( g ) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the management corporation or the council, of its functions.


document_id: bsma-2004
provision_ref: s57
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 57
title: Duties of treasurer of council
content:
57. —(1) The duties of the treasurer of the council of a management corporation include the following: ( a ) to notify subsidiary proprietors of any contribution levied in accordance with this Act; ( b ) to receive, acknowledge, bank and account for any money paid to the management corporation; ( c ) to prepare any certificate applied for under section 47(1)( c ); ( d ) to keep the accounting records and prepare the financial statements of the management corporation. (2) A person must not exercise or perform any of the powers, duties or functions of the management corporation or the treasurer of the management corporation, being powers, duties or functions relating to the receipt or expenditure of, or accounting for, moneys, or the keeping of the books of account, of the management corporation, unless the person is — ( a ) a subsidiary proprietor of the management corporation or a member of the council and is the treasurer of the management corporation or of the council; ( b ) a managing agent who is empowered to exercise or perform those powers, duties or functions; or ( c ) a person with whom the treasurer of the management corporation is required by an order of the council to exercise or perform jointly those powers, duties or functions, and who is enabling the treasurer to comply with the order. (3) The treasurer of a management corporation may delegate the exercise or performance of any of his or her powers (other than this power of delegation), duties or functions as treasurer, the delegation of which is specifically approved by the council of the management corporation, to another member of the council so approved, subject to such limitations as to time or otherwise as are so approved. (4) While a delegate is acting in accordance with the terms of a delegation under subsection (3), the delegate is deemed to be the treasurer of the management corporation. (5) The council of a management corporation may, by written notice served on the treasurer of the management corporation, order that he or she must not exercise or perform any of his or her powers, duties or functions that are specified in the notice, unless he or she does so jointly with another person so specified.


document_id: bsma-2004
provision_ref: s58
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 58
title: Council’s decisions to be decisions of management corporation
content:
58. —(1) Subject to the provisions of this Act, the decision of a council on any matter, other than a restricted matter, is the decision of the management corporation. (2) Even though a council holds office, the management corporation may in a general meeting continue to exercise or perform all or any of the powers, duties and functions conferred or imposed on the management corporation by this Act or the by‑laws. (3) A council must not make a decision on any matter if, before the decision is made, written notice has been given to the secretary of the council by subsidiary proprietors who altogether own not less than one‑third of the lots in the subdivided building concerned that the making of the decision is opposed by those subsidiary proprietors, and any decision, if made by the council, has no force or effect. (4) In subsection (1), “restricted matter”, in relation to a council of a management corporation, means — ( a ) any matter a decision on which may, in accordance with any provision of this Act or the by‑laws, only be made by the management corporation pursuant to a unanimous resolution, special resolution, 90% resolution, comprehensive resolution, resolution by consensus or in a general meeting of the management corporation, or only by the council at a meeting; and ( b ) any matter referred to in section 59 and specified in a resolution of that management corporation passed for the purposes of that section.


document_id: bsma-2004
provision_ref: s59
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 59
title: Restrictions imposed on council by management corporation
content:
59. A management corporation may in a general meeting decide, by ordinary resolution, what matters or class of matters (if any) must be determined only by the management corporation in a general meeting. [35/2017]


document_id: bsma-2004
provision_ref: s60
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 60
title: Disclosure of interests in contracts, property, offices, etc.
content:
60. —(1) Subject to subsections (2) and (3), if a member of a council has a pecuniary interest, direct or indirect, in any contract, proposed contract or other matter which is before any meeting of the council or management corporation, the member must at that meeting — ( a ) declare the nature of his or her interest; ( b ) not take part in the consideration or discussion of, or vote on any question with respect to, that contract or proposed contract or other matter; and ( c ) if the chairperson or the person presiding at that meeting so directs, withdraw from the meeting during the consideration or discussion unless asked by the council to be present to provide information. (2) The requirements of subsection (1) do not apply in any case where the interest of the member of a council consists only of being a member or creditor of a company which is interested in a contract or proposed contract with the management corporation if the interest of the member may properly be regarded as not being a material interest. (3) For the purposes of subsection (1), a general notice given to the members of a council by a member to the effect that the member is an officer or a member of a specified company or a member of a specified firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with that company or firm is deemed to be a sufficient declaration of interest in relation to any contract so made if it specifies the nature and extent of that member’s interest in that company or firm and that member’s interest is not different in nature or greater in extent than the nature and extent so specified in the general notice at the time any contract is so made. (4) No such notice is of effect unless — ( a ) it is given at a meeting of the council; or ( b ) the member takes reasonable steps to ensure that it is brought up and read at the next meeting of the council after it is given. (5) Every member of a council who holds any office or possesses any property whereby, directly or indirectly, duties or interests might be created in conflict with the member’s duties or interests as a member of the council must declare at a meeting of the council the fact and the nature, character and extent of the conflict. (6) The declaration must be made at the first meeting of the council held — ( a ) after he or she becomes a member of the council; or ( b ) if already a member of the council, after he or she commences to hold the office or to possess the property, as the case requires. (7) The secretary of the council must record every declaration under this section in the minutes of the meeting at which it was made. (8) For the purposes of this section, an interest of an immediate family member of a member of the council is to be treated as an interest of the member. (9) Except as provided in subsection (3), this section is in addition to and not in derogation of the operation of any rule of law restricting a member of a council from having any interest in contracts with the management corporation or from holding offices or possessing properties involving duties or interests in conflict with the member’s duties or interests as a member of a council. (10) Any member of a council who fails to comply with any provision of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: bsma-2004
provision_ref: s61
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 61
title: Duty and liability of council members and officers
content:
61. —(1) A member of a council must at all times act honestly and use reasonable diligence in the discharge of the duties of the member’s office. (2) A member of a council, or an officer or an agent or a managing agent of a management corporation, must not use his, her or its position as a member of the council or as an officer, an agent or a managing agent of the management corporation to gain, directly or indirectly, an advantage for himself, herself or itself or for any other person or to cause detriment to the management corporation. (3) Any person who commits a breach of any provision of this section shall — ( a ) be liable to the management corporation for any profit made by the person or for any damage suffered by the management corporation as a result of the breach of any such provision; and ( b ) be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (4) This section is in addition to and not in derogation of any other written law or rule of law relating to the duty or liability of members of a council. (5) In this section — “agent” includes a banker, a solicitor or an auditor of a management corporation and any person who at any time has been a banker, a solicitor or an auditor of the management corporation; “officer” includes a person who at any time has been an officer of a management corporation. Division 4 &#x2014; Subsidiary proprietors and occupiers


document_id: bsma-2004
provision_ref: s62
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 62
title: Share values
content:
62. —(1) The share value of a lot as shown in a schedule of strata units determines — ( a ) the voting rights of the subsidiary proprietors of that lot; ( b ) the quantum of the undivided share of the subsidiary proprietor of that lot in the common property comprised in that strata title plan; and ( c ) subject to sections 41 and 108(3), the amount of contributions that may be levied by a management corporation on the subsidiary proprietor of that lot. (2) Except as provided in this Act or the Land Titles (Strata) Act 1967, the share value of any lot must not be altered in any manner on or after the date of constitution of the management corporation.


document_id: bsma-2004
provision_ref: s63
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 63
title: Duties of subsidiary proprietors and other occupiers of lots
content:
63. A subsidiary proprietor, mortgagee in possession (whether personally or by any other person), lessee or occupier of a lot must not — ( a ) do anything or permit anything to be done on or in relation to that lot so that — (i) any support or shelter provided by that lot for another lot or common property is interfered with; or (ii) the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services (including telephone, radio and television services) through or by means of any pipe, wire, cable or duct for the time being in the lot is interfered with; ( b ) use or enjoy that lot, or permit that lot to be used or enjoyed, in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot (whether that person is a subsidiary proprietor or not); ( c ) use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is a subsidiary proprietor or not) or by any other person entitled to the use and enjoyment of the common property; or ( d ) use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is a subsidiary proprietor or not) or by any other person entitled to the use and enjoyment of that lot.


document_id: bsma-2004
provision_ref: s64
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 64
title: Individuals may act for corporate subsidiary proprietors and mortgagees
content:
64. —(1) A company may, and is deemed always to have been able to, authorise an individual to exercise or perform on its behalf any power, duty or function conferred by this Act on the company as subsidiary proprietor or mortgagee of a lot and may revoke the authority of any individual so authorised. (2) Where an individual exercises or performs a power, duty or function that the individual is authorised by a subsidiary proprietor or mortgagee of a lot under subsection (1) to exercise or perform, the power, duty or function is deemed to be exercised or performed by the subsidiary proprietor or mortgagee (as the case may be) of the lot. (3) Nothing in subsection (1) or (2) affects any liability or obligation imposed under this Act on a corporation which is a subsidiary proprietor or mortgagee of a lot. (4) A document under the seal of a subsidiary proprietor which is a company purporting to be an authorisation or a revocation of an authorisation under subsection (1) is admissible in evidence and is, until the contrary is proved, deemed to be such an authorisation or revocation, as the case may be.


document_id: bsma-2004
provision_ref: s65
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 65
title: Notices to be given by subsidiary proprietors and mortgagees
content:
65. —(1) A subsidiary proprietor or any person who, under this section, has given to the management corporation notice of an address within Singapore for the service of notices on the subsidiary proprietor or person must give written notice to the management corporation of any change of address for service of notices on the subsidiary proprietor or person. (2) Upon the transfer of an estate or interest in a lot pursuant to completion of a sale of that lot by its registered subsidiary proprietor to the purchaser or the purchaser’s nominee, or by way of gift to a donee, the registered subsidiary proprietor must, not later than the 10th day after the date that the instrument of transfer is registered under the Land Titles Act 1993, give to the management corporation written notice of the transfer which must identify the lot and — ( a ) specify the name of the transferee in full and an address within Singapore for service of notices on the transferee and the date of the registration of the transfer; and ( b ) bear a certification by the transferee or the transferee’s solicitor of the accuracy of the information contained in the notice. [35/2017] (3) Where the subsidiary proprietor of a lot fails to comply with a notice given by the management corporation under subsection (8) requiring the subsidiary proprietor to give a notice under subsection (2), the transferee under the transfer may give to the management corporation written notice of the transfer which must identify the lot and specify the name of the transferee in full and an address within Singapore for service of notices on the transferee and the date upon which the transfer was registered under the Land Titles Act 1993. [35/2017] (4) After the registration of an executed mortgage of a lot, the mortgagee may give to the management corporation written notice of the mortgage which must identify the lot and — ( a ) specify the name of the mortgagee in full and an address within Singapore for the service of notices on the mortgagee and the date on which the mortgage was so registered; ( b ) specify any mortgages of the lot which have priority over the mortgage referred to in the notice; and ( c ) bear written confirmation by the mortgagor of the accuracy of the information contained in the notice. [35/2017] (5) After the registration of a discharge of a mortgage of a lot or a discharge of a submortgage of a mortgage of a lot, the mortgagor may give to the management corporation written notice of the discharge which must identify the lot and the mortgage that has been discharged and — ( a ) specify the date on which the discharge was so registered; and ( b ) bear written confirmation by the mortgagee of the discharge of the mortgage. [35/2017] (6) After the registration of a dealing, being a transfer or submortgage of a lot, the transferee or submortgagee may give to the management corporation written notice of the dealing which must identify the lot and — ( a ) specify the name of the transferee or submortgagee in full and an address within Singapore for service of notices on the transferee or submortgagee and the date on which the transfer or submortgage was so registered; and ( b ) bear written confirmation by the transferor or submortgagor of the accuracy of the information contained in the notice. [35/2017] (7) After the entry into possession of a lot by a mortgagee, the mortgagee must give to the management corporation written notice which must identify the lot and specify the date on which the mortgagee entered into possession. (8) Where a management corporation has reason to believe that a person is required under this section to give a notice to it and the management corporation has not received that notice, the management corporation may serve a notice on that person specifying the capacity in which it believes that person is obliged to give the notice and requiring that person — ( a ) to state, not later than the 14th day after the notice was served on that person, whether or not that person is a person obliged to give a notice in that capacity; and ( b ) if the person is such a person, to give that notice. [35/2017] (9) Where a management corporation has served a notice under subsection (8) on a person whom it believes to be a person entitled to give a notice to the management corporation under this section and that person has not complied with the firstmentioned notice, that person is not entitled to cast a vote at any general meeting of the management corporation until that person has complied with the firstmentioned notice. (10) A vote cast at a general meeting of a management corporation by or on behalf of a subsidiary proprietor who is a company has no effect unless the management corporation has received written notice specifying the representative of that subsidiary proprietor. (11) A notice mentioned in subsection (10) may be included in any other notice that the subsidiary proprietor to which it relates or any other person is entitled under this section to give to the management corporation. (12) In this section, a reference to an address within Singapore for the service of notices includes a reference to a fax number in Singapore and an email address (if provided). [35/2017] Division 5 &#x2014; Managing agents


document_id: bsma-2004
provision_ref: s66
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 66
title: Appointment of managing agent of management corporation
content:
66. —(1) Subject to subsection (3), a managing agent for a management corporation may be appointed — ( a ) by the management corporation by ordinary resolution; or ( b ) by the council of the management corporation without a general meeting if duly authorised to do so by the subsidiary proprietors at the last preceding general meeting of the management corporation. (2) Any managing agent appointed under subsection (1) by a management corporation holds office until — ( a ) the conclusion of the third annual general meeting of the management corporation after the managing agent’s appointment; ( b ) the expiry of the term of the managing agent’s appointment; or ( c ) the termination of the managing agent’s appointment in accordance with this section, whichever first occurs. (3) The fees and expenses of a managing agent are fixed — ( a ) where the managing agent is appointed under subsection (1)( a ) — by the management corporation at a general meeting or, if so authorised by the subsidiary proprietors at the last preceding general meeting, by the council of the management corporation; or ( b ) where the managing agent is appointed under subsection (1)( b ) — by the council of the management corporation without a general meeting. (4) A managing agent who is in any way, directly or indirectly, related to a subsidiary proprietor of a lot in the subdivided building concerned must declare in writing the nature of the managing agent’s relationship prior to the managing agent’s appointment. (5) A managing agent who retires from office is eligible for reappointment. (6) A management corporation may terminate the appointment of its managing agent under this section at any time in accordance with the terms of the appointment — ( a ) if authorised by ordinary resolution at a general meeting; or ( b ) without a general meeting if authorised by its subsidiary proprietors at the last preceding general meeting.


document_id: bsma-2004
provision_ref: s67
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 67
title: Delegated duty and liability of managing agent
content:
67. —(1) Subject to subsection (2), a management corporation may, by instrument in writing, delegate to its managing agent appointed under section 66(1) — ( a ) all of its powers, duties and functions; ( b ) any one or more of its powers, duties and functions specified in the instrument; or ( c ) all of its powers, duties and functions except those specified in the instrument. (2) A management corporation must not under this section delegate to a managing agent its power to make — ( a ) a delegation under this section; ( b ) a decision on any matter which may, in accordance with any provision of this Act or the by‑laws, only be made by the management corporation pursuant to a unanimous resolution, special resolution, 90% resolution, resolution by consensus or at a general meeting of the management corporation; or ( c ) a decision on any matter referred to in section 59 and specified in a resolution of that management corporation passed for the purposes of that section. (3) Where an ordinary resolution of the management corporation so provides, a managing agent has and may exercise the powers and perform all the duties and functions of the chairperson, secretary or treasurer or the council of the management corporation or such of those powers, duties and functions as may be specified in the resolution. (4) A power, duty or function, the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the delegation. (5) A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of all or any of the powers, duties or functions, or as to time or circumstances, as may be specified in the instrument of delegation. (6) Despite any delegation made under this section, a management corporation or, in the case of a delegation under subsection (3), the chairperson, secretary or treasurer or the council of the management corporation may continue to exercise or perform all or any of the delegated powers, duties or functions. (7) Any act or thing done or suffered by a managing agent while acting in the exercise of a delegation under subsection (1) — ( a ) has the same force and effect as if it had been done or suffered by the management corporation; and ( b ) is deemed to have been done or suffered by the management corporation. (8) Any act or thing done or suffered by a managing agent while acting in the exercise of a delegation under subsection (3) — ( a ) has the same force and effect as if it had been done or suffered by the chairperson, secretary, treasurer or council of the management corporation, as the case may be; and ( b ) is deemed to have been done or suffered by the chairperson, secretary, treasurer or council of the management corporation, as the case may be. (9) Where — ( a ) a contravention by a management corporation of a provision of this Act or any written law that imposes a duty on the management corporation is an offence under this Act or that other written law; and ( b ) the performance of the duty has been delegated to a managing agent, the provision is, while the delegation remains in force, to be construed as if a reference therein to the management corporation were a reference to the managing agent.


document_id: bsma-2004
provision_ref: s68
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 68
title: Prohibited activity for managing agent
content:
68. —(1) Subject to this Act, a managing agent must not, whether personally or in the person of the managing agent’s employee or agent — ( a ) by word, message, writing or in any other manner endeavour to persuade any person to give, or to dissuade any person from giving, the person’s vote (by proxy or in person) in any particular way at any election of members of the council of a management corporation or executive committee of a subsidiary management corporation; ( b ) visit any person entitled to vote at that election at the person’s home or place of work for the purposes of any candidate’s election at that election; or ( c ) conduct any other activity for the purposes of any candidate’s election at that election. (2) A vote by a proxy who is a managing agent is invalid if it would obtain or assist in obtaining a pecuniary interest for, or confer or assist in conferring any other material benefit on, the proxy. (3) Any managing agent who contravenes subsection (1) shall be guilty of an offence. (4) In this section, unless the context otherwise requires — “for the purposes of any candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at an election of members of the council of a management corporation or the executive committee of a subsidiary management corporation (as the case may be), and includes prejudicing the electoral prospects of another candidate at that election; “material benefit” includes, but is not limited to, the following: ( a ) an extension of the term or an additional term of appointment of the proxy as managing agent; ( b ) an increase in the remuneration of the proxy; ( c ) a decision of the management corporation not to proceed with, to withdraw, to delay, to compromise or to settle litigation or other legal proceedings relating to the proxy; ( d ) any other decision of the management corporation that affects litigation or other legal proceedings relating to the proxy. Division 6 &#x2014; Insurance


document_id: bsma-2004
provision_ref: s69
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 69
title: Interpretation of this Division
content:
69. In this Division, unless the context otherwise requires — “damage policy”, in relation to a subdivided building, means a contract of insurance providing, in the event of the subdivided building being destroyed or damaged by fire, lightning, explosion or any other occurrence specified in the policy — ( a ) for — (i) the rebuilding of the subdivided building or its replacement by a similar building in the event of its destruction; and (ii) the repair of damage to, or the restoration of the damaged portion of, the subdivided building in the event of its being damaged but not destroyed, so that, in the case of destruction, every part of the rebuilt building or the replacement building and, in the case of damage, the repaired or restored portion, is in a condition no worse nor less extensive than that part or portion or its condition when that part or portion was new; and ( b ) for the payment of expenses incurred in the removal of debris and the remuneration of architects and other persons whose services are necessary as an incident to the rebuilding, replacement, repair or restoration; “subdivided building” includes — ( a ) subsidiary proprietors’ improvements and subsidiary proprietors’ fixtures forming part of the subdivided building other than paint, wallpaper and temporary wall, floor and ceiling coverings; ( b ) a building consisting entirely of common property; and ( c ) anything prescribed as forming part of a building for the purposes of this definition, but does not include — ( d ) fixtures removable by a lessee at the expiry of a tenancy; or ( e ) anything prescribed as not forming part of a subdivided building for the purposes of this definition.


document_id: bsma-2004
provision_ref: s70
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 70
title: Insurance of subdivided buildings
content:
70. —(1) Unless otherwise directed by a resolution by consensus, the management corporation constituted in respect of a strata title plan must insure every subdivided building shown in the strata title plan and keep the building insured under a damage policy. (2) A damage policy may provide that, instead of the work and the payments specified in the definition of “damage policy” in section 69 being carried out or made upon the occurrence of any of the events specified in that definition, the liability of the insurer is, upon the occurrence of any such event, limited to an amount specified in the policy that is not less than an amount calculated in the prescribed manner.


document_id: bsma-2004
provision_ref: s71
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 71
title: Further insurance by management corporation
content:
71. —(1) In addition to insurance effected by a management corporation under section 70, the management corporation must effect insurance — ( a ) in respect of any occurrence against which it is required by law to insure, including any insurance required to be effected by reason of the provisions of the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act; ( b ) in respect of damage to property, death or bodily injury occurring upon the common property for which the management corporation could become liable in damages; ( c ) against the possibility of the subsidiary proprietors becoming jointly liable by reason of a claim arising in respect of any other occurrence against which the management corporation decides to insure; and ( d ) in respect of any liability incurred by a person holding the office of chairperson, secretary, treasurer of the management corporation or member of the council of the management corporation because of an act or omission, committed or omitted in good faith, in performing the functions of that office. [35/2017; 27/2019] (2) Insurance effected under subsection (1)( b ) must be for a cover of such amount as the management corporation determines that is not less than an amount prescribed by the regulations. (3) A management corporation may insure any property which it is not required to insure under this Act and in which it has an insurable interest. (3A) Every decision required or authorised by this section to be made by a management corporation is by an ordinary resolution. [35/2017] (4) For the purposes of a policy of insurance effected under subsection (1)( b ), the common property is deemed to be vested in the management corporation. (5) Regulations made under this Act may vary the amount of minimum cover required by subsection (2) for insurance effected under subsection (1)( b ). (6) A subsidiary proprietor may bring against the management corporation of which the subsidiary proprietor is a member any action that the subsidiary proprietor may have brought against the management corporation if the subsidiary proprietor had not been a member of the management corporation. (7) Where an insurer of a management corporation admits a claim by the management corporation based on an act or omission by a subsidiary proprietor who is a member of the management corporation, the insurer does not have a right of subrogation in relation to the subsidiary proprietor based on that act or omission unless it was proved that the act or omission is wilful.


document_id: bsma-2004
provision_ref: s72
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 72
title: Insurance by subsidiary proprietor
content:
72. —(1) Nothing in this Part limits or affects any right of a subsidiary proprietor to effect insurance. (2) Insurance effected by a subsidiary proprietor does not affect, and must not be taken into consideration in determining, the amount payable to a management corporation under a contract of insurance entered into between it and an insurer under this Part, despite anything in that contract of insurance.


document_id: bsma-2004
provision_ref: s73
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 73
title: Insurance of mortgaged lot
content:
73. —(1) A contract of insurance may be entered into by a subsidiary proprietor in respect of damage to the subsidiary proprietor’s lot in a sum equal to the amount secured at the date of the contract by mortgages of and charges affecting the subsidiary proprietor’s lot and where such a contract is in force — ( a ) subject to the terms and conditions of the contract — (i) any payment to be made under that contract by the insurer in respect of damage must be made to the mortgagees and chargees whose interests are noted thereon in order of their respective priorities; and (ii) the amount of the payment is the amount stated in the contract, the amount of the loss, or an amount sufficient at the date of the loss, to discharge mortgages of and charges affecting the lot, whichever is the least amount; ( b ) where the amount so paid by the insurer equals the amount necessary to discharge a mortgage of the lot, the insurer is entitled to an assignment of the mortgage; and ( c ) where the amount so paid by the insurer is less than the amount necessary to discharge a mortgage of the lot, the insurer is entitled to a submortgage of that mortgage to secure the amount so paid on terms and conditions agreed upon as provided in subsection (2) or, failing agreement, on the same terms and conditions as those contained in the mortgage. (2) For the purposes of subsection (1)( c ), any insurer and mortgagee may at any time, whether before or after a contract of insurance referred to in subsection (1) has been entered into by a subsidiary proprietor, agree upon the terms and conditions of the submortgage. (3) A contract of insurance entered into as referred to in subsection (1) is not liable to be brought into contribution with any other such contract of insurance except another such contract of insurance which — ( a ) is in respect of damage to the same lot; and ( b ) relates to the same debt, as that referred to in the firstmentioned contract of insurance.


document_id: bsma-2004
provision_ref: s74
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 74
title: Rebuilding
content:
74. Subject to any order made under section 77 or 78 of the Land Titles (Strata) Act 1967 (relating to the termination of a strata subdivision scheme), where a management corporation receives payment of moneys from an insurer in respect of destruction of or damage to a subdivided building, those moneys must immediately be applied by the management corporation in rebuilding, replacing, repairing or restoring the subdivided building, as the case may require.


document_id: bsma-2004
provision_ref: s75
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 75
title: Insurable interest of management corporation
content:
75. A management corporation is deemed to have an insurable interest in the subject matter of any contract of insurance entered into by it under this Division. Division 7 &#x2014; Subsidiary management corporations and limited common property


document_id: bsma-2004
provision_ref: s76
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 76
title: Application of this Division
content:
76. —(1) Subject to subsection (2), this Division applies only to any development on a parcel — ( a ) which is intended for strata subdivision; and ( b ) in respect of which the approval for its building work plans is granted on or after 1 April 2005. (2) Despite subsection (1), this Division may apply to such other parcel, or other class of parcels, comprised in a strata title plan as the Minister may, by order in the Gazette , extend the application of this Division to. (3) The Minister may prescribe in the order under subsection (2) any other transitional, incidental and consequential matters arising from the extension of this Division to any parcel not mentioned in subsection (1). (4) Every order made under subsection (2) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: bsma-2004
provision_ref: s77
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 77
title: Limited common property and subsidiary management corporations allowed
content:
77. —(1) A strata title plan may have limited common property and one or more subsidiary management corporations only for the purpose of representing the different interests of — ( a ) subsidiary proprietors of residential lots and subsidiary proprietors of non-residential lots; ( b ) subsidiary proprietors of non-residential lots — (i) if they use their lots for significantly different purposes; or (ii) if the lots of some of these subsidiary proprietors are comprised in a building that is physically detached from other lots in the strata title plan, the creation of any limited common property to represent the interests of these subsidiary proprietors will not adversely affect the use or enjoyment of the lots of the other subsidiary proprietors and the conditions prescribed (if any) for this purpose are satisfied; or ( c ) subsidiary proprietors of different types of residential lots. (2) For the purposes of subsection (1)( c ), lots are of different types if they fall within the criteria prescribed in regulations.


document_id: bsma-2004
provision_ref: s78
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 78
title: Creation, etc., of limited common property
content:
78. —(1) Common property comprised or to be comprised in a strata title plan may be designated as limited common property — ( a ) where the common property is part of a parcel mentioned in section 76(1) — (i) by the owner developer thereof by a designation on the strata title plan for that parcel when that strata title plan is filed with the Chief Surveyor; or (ii) by the management corporation constituted in respect of that strata title plan pursuant to a comprehensive resolution and in accordance with subsection (2)( b ); or ( b ) where the common property is part of a parcel referred to in an order made under section 76(2), by the management corporation constituted in respect of that strata title plan pursuant to a comprehensive resolution and in accordance with subsection (2)( b ). (2) Subject to subsection (3), common property comprised or to be comprised in a strata title plan may be designated as limited common property — ( a ) in the case of designation by the owner developer under subsection (1)( a ), by a designation on the strata title plan filed with the Chief Surveyor for that parcel that — (i) describes the limited common property or identifies or defines the boundaries or area of the limited common property on that strata title plan; and (ii) specifies each lot comprised in that strata title plan whose subsidiary proprietors are entitled to the exclusive benefit of the limited common property; or ( b ) by a comprehensive resolution passed by the management corporation constituted in respect of that strata title plan that — (i) describes the limited common property or identifies or defines the boundaries or area of the limited common property on the strata title plan; (ii) specifies each lot comprised in that strata title plan whose subsidiary proprietors are entitled to the exclusive benefit of the limited common property; and (iii) is filed with the Chief Surveyor. (3) To avoid doubt, the designation of limited common property by an owner developer under subsection (1)( a )(i) or by a comprehensive resolution under subsection (2)( b ) — ( a ) need not require an amendment to any strata title plan; and ( b ) need not identify or define the area of the limited common property provided that the designation or resolution (as the case may be) prescribes a method of identifying or defining the limited common property. (4) Any designation of common property as limited common property — ( a ) by an owner developer of a parcel to be comprised in a strata title plan takes effect only when the management corporation is constituted for that strata title plan under the Land Titles (Strata) Act 1967; or ( b ) by a comprehensive resolution under subsection (2)( b ) takes effect only when the comprehensive resolution is filed with the Chief Surveyor and the instrument required by the Registrar under section 10A of the Land Titles (Strata) Act 1967 for the limited common property is registered under that Act. [35/2017] (5) Any designation of common property as limited common property by an owner developer may only be removed or amended in accordance with subsection (6) or (7) or section 84. (6) The management corporation constituted for any common property subject to a strata title plan and any subsidiary management corporation constituted for limited common property subject to the same strata title plan may accept and execute such documents to alter any boundary between their common property and limited common property, respectively, if — ( a ) the management corporation, pursuant to a comprehensive resolution under subsection (2)( b ), determines to alter the boundary between its common property and the limited common property; and ( b ) the subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)( b ), also determines to similarly alter the boundary between its limited common property and the common property. (7) Subject to subsection (8), a subsidiary management corporation constituted for any limited common property subject to a strata title plan and any other subsidiary management corporation constituted for other limited common property subject to the same strata title plan may, without affecting the boundaries of their respective limited common properties with the common property within that strata title plan, accept and execute such documents to amalgamate their respective limited common properties or alter any boundary between their respective limited common properties within the strata title plan if — ( a ) the firstmentioned subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)( b ), determines — (i) to alter the boundary between its limited common property and the other subsidiary management corporation’s limited common property; or (ii) to amalgamate its limited common property with the other subsidiary management corporation’s limited common property and to merge both subsidiary management corporations to constitute a single subsidiary management corporation for that amalgamated limited common property, seized of, holding and possessing all rights and interests and subject to all liabilities and obligations of the amalgamating subsidiary management corporations; and ( b ) that other subsidiary management corporation, pursuant to a comprehensive resolution under subsection (2)( b ), also determines similarly — (i) to alter the boundary between its limited common property and the other subsidiary management corporation’s limited common property; or (ii) to amalgamate its limited common property with the other subsidiary management corporation’s limited common property and to merge both subsidiary management corporations to constitute a single subsidiary management corporation for that amalgamated limited common property, seized of, holding and possessing all rights and interests and subject to all liabilities and obligations of the amalgamating subsidiary management corporations. (8) Subsection (7) does not authorise any subsidiary management corporation to amalgamate its limited common property in a manner that is contrary to section 77. (9) To avoid doubt, the Chief Surveyor is not to be taken to warrant or certify the correctness of the boundaries of any limited common property or the validity of the creation of any limited common property by his or her accepting any comprehensive resolution or any accompanying plan showing the boundaries or containing a description of that limited common property.


document_id: bsma-2004
provision_ref: s79
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 79
title: Subsidiary management corporation and its functions
content:
79. —(1) The subsidiary management corporation constituted by virtue of the Land Titles (Strata) Act 1967 for any limited common property comprised in a strata title plan must — ( a ) comprise the subsidiary proprietors from time to time of all lots comprised in that strata title plan for whose exclusive benefit the limited common property is designated on that strata title plan or by comprehensive resolution under section 78(2); ( b ) be a body corporate capable of suing and being sued and having perpetual succession and a common seal; and ( c ) be called “The Subsidiary Management Corporation No. ______ — Strata Title Plan No. ______” (the number to be specified being the number of the strata title plan). (2) After the creation of any limited common property, the management corporation retains its powers and duties in matters concerning common property. (3) The subsidiary management corporation has the same powers and duties as the management corporation with respect to any matter that relates solely to the limited common property designated for the exclusive benefit of all subsidiary proprietors comprising the subsidiary management corporation except the powers or duties under section 34(1)( a ), (3) and (5), sections 35, 37, 46 and 86 and Division 6 of this Part, and unless expressly otherwise provided, the provisions of this Part apply, with the necessary modifications, to subsidiary management corporations as they apply to management corporations. (4) Without limiting subsection (3), the subsidiary management corporation must — ( a ) establish its own management fund and sinking fund for the common expenses of its limited common property, including expenses related to its limited common property; ( b ) require subsidiary proprietors of lots in the subsidiary management corporation to pay contributions and levies for expenditure the subsidiary management corporation authorises; ( c ) enforce by-laws relating to its limited common property; and ( d ) otherwise have the control, management and administration of its limited common property. (5) A subsidiary management corporation must not enter into any contract or sue in the name of the management corporation and the management corporation shall have no liability for contracts made or debts or legal costs incurred by the subsidiary management corporation. (6) A subsidiary management corporation may obtain insurance only — ( a ) against risks that are not insured by the management corporation; or ( b ) for amounts that are in excess of amounts insured by the management corporation. (7) For the purposes of subsection (6), a subsidiary management corporation has the same insurable interest in its limited common property as the management corporation has in property contained within common property. (8) Despite any other provision of this Act, a subsidiary management corporation for any limited common property comprised in a strata title plan may manage and maintain — ( a ) any common property within that same strata title plan; or ( b ) any other limited common property of another subsidiary management corporation within that strata title plan, upon such terms and conditions as may be agreed between the subsidiary management corporation and the management corporation or other subsidiary management corporation, as the case may be.


document_id: bsma-2004
provision_ref: s80
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 80
title: Administration of subsidiary management corporation
content:
80. —(1) The eligible subsidiary proprietors who constitute a subsidiary management corporation may call and hold meetings and pass resolutions in the same manner as eligible subsidiary proprietors of a management corporation. (2) The First Schedule also has effect with respect to the general meetings of a subsidiary management corporation. (3) Subject to subsection (4), each subsidiary management corporation must elect an executive committee for the subsidiary management corporation, and the executive committee of a subsidiary management corporation has the same powers and duties with respect to the subsidiary management corporation as the council of a management corporation has with respect to the management corporation. (4) At least one member of the executive committee of a subsidiary management corporation must be a member of the council of the management corporation. (4A) However, subsection (4) does not apply where — ( a ) the subsidiary management corporation is constituted for part of a parcel which is comprised in a mixed‑use development within the meaning of section 53A; and ( b ) by the operation of section 53A, a reserved council office in the council of the management corporation for that mixed‑use development is held by either — (i) a subsidiary proprietor of a lot constituting the subsidiary management corporation; or (ii) a nominee of a subsidiary proprietor in sub‑paragraph (i). [35/2017] (5) The provisions in Division 3 of this Part (except section 53A) apply, with the necessary modifications, to the executive committee of a subsidiary management corporation and its officers as they apply to the council of a management corporation and its officers. [35/2017] (6) The Second Schedule also has effect with respect to the proceedings of an executive committee of a subsidiary management corporation.


document_id: bsma-2004
provision_ref: s81
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 81
title: Expenses of subsidiary management corporation
content:
81. The expenses of a subsidiary management corporation that relate solely to its limited common property must be shared by the subsidiary proprietors from time to time of all lots entitled under this Division to the exclusive use of the limited common property, and each lot’s share of contribution is computed by the formula where — ( a ) A is the share value of a lot; ( b ) B is the aggregate share value of all lots entitled under this Division to the exclusive use of the limited common property; and ( c ) C is the total contributions determined by the subsidiary management corporation as payable by subsidiary proprietors of all lots entitled under this Division to the exclusive benefit of the limited common property.


document_id: bsma-2004
provision_ref: s82
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 82
title: By-laws for limited common property
content:
82. —(1) A management corporation’s by-laws apply to the limited common property managed and maintained by a subsidiary management corporation unless the by‑laws have been otherwise expressly amended — ( a ) by the subsidiary management corporation pursuant to a special resolution passed at a general meeting of the subsidiary management corporation; and ( b ) in respect of any matter that relates solely to that limited common property or subsidiary management corporation. (2) A subsidiary management corporation may make by‑laws relating to the limited common property designated for the exclusive use of all the lots in the subsidiary management corporation. (3) Without limiting the operation of any other provision of this Act, any by‑laws made by a subsidiary management corporation under this section for the time being in force bind the subsidiary management corporation and the subsidiary proprietors of lots constituting that subsidiary management corporation, and any mortgagee in possession (whether personally or by any other person), lessee or occupier of such a lot to the same extent as if the by‑laws — ( a ) had been signed and sealed by the subsidiary management corporation, and each such subsidiary proprietor and each such mortgagee, lessee and occupier, respectively; and ( b ) contained mutual covenants to observe, comply and perform all the provisions of these by‑laws. (4) Sections 32 and 33 apply, with the necessary modifications, to the by‑laws of a subsidiary management corporation as they apply to the by‑laws of a management corporation.


document_id: bsma-2004
provision_ref: s83
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 83
title: Judgments against management corporation relating to limited common property
content:
83. —(1) If a judgment against a management corporation relates solely to the lots whose subsidiary proprietors constitute a subsidiary management corporation, the judgment is against only the subsidiary proprietors of those lots. (2) A lot’s share of a judgment mentioned in subsection (1) must be computed in accordance with section 81 as if the amount of the judgment were a contribution to the management fund and sinking fund, and a subsidiary proprietor’s liability is limited to that proportionate share of the judgment. Division 8 &#x2014; Termination of strata scheme


document_id: bsma-2004
provision_ref: s84
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 84
title: Termination of management corporation, etc.
content:
84. —(1) A management corporation in respect of a strata title plan may, by a resolution by consensus, resolve that the strata scheme shown in the strata title plan be terminated. (2) A subsidiary management corporation for a limited common property comprised in a strata title plan may be dissolved and the designation of its limited common property abolished if — ( a ) by comprehensive resolution, the management corporation constituted in respect of the same strata title plan resolves that — (i) the subsidiary management corporation be dissolved; (ii) the subsidiary management corporation’s limited common property ceases to be designated as limited common property but be part of the common property comprised in that strata title plan; and (iii) the management corporation hold and possess all rights and interests, and be subject to all liabilities and obligations, of the subsidiary management corporation subsisting immediately before the dissolution; and ( b ) by comprehensive resolution, the subsidiary management corporation concerned resolves that — (i) it be dissolved; (ii) its limited common property ceases to be designated as limited common property but be part of the common property comprised in that strata title plan; and (iii) the management corporation hold and possess all its rights and interests, and be subject to all its liabilities and obligations, subsisting immediately before the dissolution. (3) Nothing in this section applies in derogation of Part 5 of the Land Titles (Strata) Act 1967. Division 9 &#x2014; Miscellaneous


document_id: bsma-2004
provision_ref: s85
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 85
title: Management corporation, etc., may represent subsidiary proprietors in proceedings
content:
85. —(1) Subject to subsections (1A) and (1B), if — ( a ) all or some of the subsidiary proprietors of the lots in a parcel comprised in a strata title plan — (i) are jointly entitled to take proceedings against any person for or with respect to the common property in that parcel; or (ii) are liable to have proceedings taken against them jointly for or with respect to the common property in that parcel; or ( b ) all or some of the subsidiary proprietors of the lots in a parcel comprised in a strata title plan that has limited common property, being subsidiary proprietors who are entitled to the exclusive benefit of the limited common property — (i) are jointly entitled to take proceedings against any person for or with respect to the limited common property in that parcel; or (ii) are liable to have proceedings taken against them jointly for or with respect to the limited common property in that parcel, the proceedings may be taken by or against the management corporation in the case of proceedings mentioned in paragraph ( a ), or by or against the subsidiary management corporation in the case of proceedings mentioned in paragraph ( b ). [35/2017] (1A) Unless authorised by an ordinary resolution, a management corporation — ( a ) must not institute any proceedings mentioned in subsection (1)( a ) against any person; and ( b ) must not represent any subsidiary proprietor in any proceedings mentioned in subsection (1)( a ). [35/2017] (1B) Unless authorised by an ordinary resolution, a subsidiary management corporation — ( a ) must not institute any proceedings mentioned in subsection (1)( b ) against any person; and ( b ) must not represent any subsidiary proprietor in any proceedings mentioned in subsection (1)( b ). [35/2017] (2) Any judgment or order given or made in favour of or against the management corporation or subsidiary management corporation in any such proceedings has effect as if it were a judgment or an order given or made in favour of or against the subsidiary proprietors. (3) Where a subsidiary proprietor is liable to make a contribution to another subsidiary proprietor in respect of a judgment debt arising under a judgment mentioned in subsection (2), the amount of that contribution must bear to the judgment debt — ( a ) the same proportion as the share value of the lot of the firstmentioned subsidiary proprietor bears to the aggregate share value, in the case of a judgment or an order for or against a management corporation; or ( b ) the same proportion as computed in accordance with section 81, in the case of a judgment or an order for or against a subsidiary management corporation.


document_id: bsma-2004
provision_ref: s85A
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 85A
title: Limited right to representation by management corporation in non‑lot acquisition
content:
85A. —(1) Despite anything in section 85, the management corporation for a strata title plan — ( a ) may start any proceedings before the Appeals Board under the Land Acquisition Act 1966 for any non‑lot acquisition relating to the strata title plan and represent every subsidiary proprietor of every lot comprised in the strata title plan in those proceedings; and ( b ) may lodge any appeal from the decision of the Appeals Board under the Land Acquisition Act 1966 for any non‑lot acquisition relating to the strata title plan and represent every subsidiary proprietor of every lot comprised in the strata title plan in that appeal, if, and only if, the proceedings and appeal, respectively, are each authorised by an ordinary resolution of the subsidiary proprietors constituting the management corporation. [26/2014; 40/2019] (2) Unless authorised by ordinary resolution, a management corporation for a strata title plan must not make a claim for compensation under the Land Acquisition Act 1966 for any non‑lot acquisition relating to its strata title plan. [26/2014] (3) Unless otherwise agreed by special resolution under subsection (4), the amount of compensation awarded under the Land Acquisition Act 1966 for any non‑lot acquisition relating to a strata title plan must be paid into the management fund of the management corporation for that strata title plan. [26/2014] (4) The subsidiary proprietors constituting the management corporation for a strata title plan may, by special resolution, agree that the compensation for any non‑lot acquisition relating to the strata title plan be distributed among themselves; in which event that compensation must be distributed among the subsidiary proprietors in shares proportionate to their respective share values of their lots as on the date possession is taken under section 16 of the Land Acquisition Act 1966 of the land acquired under the non‑lot acquisition. [26/2014] (5) Unless authorised by a resolution by consensus, a management corporation for a strata title plan must not express any desire under section 49(1) of the Land Acquisition Act 1966 for the whole of the land comprised in its strata title plan to be acquired under that Act. [26/2014]


document_id: bsma-2004
provision_ref: s86
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 86
title:
Management corporation’s power to take proceedings as agent for subsidiary proprietor in case of certain structural defects

content:
86. Where — ( a ) the condition of any lot in a parcel affects or is likely to affect the support or shelter provided by that lot for another lot in the same building or the common property; and ( b ) the subsidiary proprietor of the lot in that condition has neglected or refused within a reasonable time to take any proceedings for the purpose of exercising any right or enforcing any remedy available to the subsidiary proprietor to have that condition rectified, the management corporation may, as agent for the subsidiary proprietor of the lot in that condition but at its own expense, take any of the proceedings mentioned in paragraph ( b ). [35/2017]


document_id: bsma-2004
provision_ref: s87
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 87
title: Costs in proceedings by subsidiary proprietors against management corporation, etc.
content:
87. —(1) In any proceedings brought — ( a ) by one or more subsidiary proprietors against the management corporation or subsidiary management corporation; or ( b ) by the management corporation or subsidiary management corporation against one or more subsidiary proprietors (including subsidiary proprietors joined in third party proceedings), the court or a Board may order that any moneys (including costs) payable by the management corporation or subsidiary management corporation under an order of the court or a Board (as the case may be) in those proceedings must be paid, in respect of the lots specified in the order and in such proportions as may be specified, by the management corporation or subsidiary management corporation out of contributions levied for the purpose. (2) Where the court or a Board makes an order under subsection (1), the management corporation or subsidiary management corporation must, for the purpose of paying the moneys ordered to be paid by it, levy contributions in accordance with the terms of the order and must pay the moneys out of the contributions paid pursuant to that levy. (3) Section 40 (with the exception of subsection (2)) applies to and in respect of contributions levied under subsection (2) in the same way as it applies to contributions levied under that section.


document_id: bsma-2004
provision_ref: s88
chapter: PART 5 - MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS
section: 88
title: Breaches of this Part
content:
88. —(1) If a management corporation or subsidiary management corporation commits a breach of any provision of this Part, or makes default in complying with any requirement of, or duty imposed on it by, any provision of this Part, a subsidiary proprietor or mortgagee in possession or occupier of a lot is entitled to apply to the court — ( a ) for an order to restrain the breach of any such provision by; or ( b ) to recover damages for any loss or injury to the subsidiary proprietor, mortgagee in possession, or occupier or property arising out of the breach of any such provision from, the management corporation or subsidiary management corporation, as the case may be. (2) The court may make such order against any such person, the management corporation or the members of its council, or the subsidiary management corporation or its executive committee, or the managing agent, as the court thinks fit. (3) Where a requirement or duty is imposed on a management corporation or subsidiary management corporation by this Part, any person for whose benefit, or for the benefit of whose lot that requirement or duty is imposed on the management corporation or subsidiary management corporation (as the case may be) may apply to the court for an order compelling the management corporation or subsidiary management corporation (as the case may be) to carry out the requirement or perform the duty and, on such an application being made, the court may make such order as it thinks proper.


document_id: bsma-2004
provision_ref: s89
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 89
title: Strata Titles Boards
content:
89. —(1) There are to be one or more Strata Titles Boards to be presided over by a president or deputy president. (2) Unless otherwise provided by this Act or the Land Titles (Strata) Act 1967, a Board must determine by mediation‑arbitration every dispute of which it has cognizance and every matter with respect to which it has jurisdiction under this Act or that Act. (3) Except where otherwise provided by this Act or the Land Titles (Strata) Act 1967, a Board must, in relation to a dispute of which the Board has cognizance or any other matter with respect to which the Board has jurisdiction under this Act or that Act, be constituted by — ( a ) the president or a deputy president; and ( b ) 2 or 4 members selected by the president for the purposes of the dispute or matter from the panel constituted under section 90(4). (4) Any party to a dispute of which a Board has cognizance or a matter with respect to which a Board has jurisdiction under this Act or the Land Titles (Strata) Act 1967 may, within the prescribed period and for any reasonable cause, object in writing to any member of the Board selected by the president under subsection (3)( b ). (5) The Board must be constituted — ( a ) upon the expiry of the prescribed period if the registrar appointed under section 99(1) does not earlier receive any objection under subsection (4); ( b ) if any objection received under subsection (4) is allowed by the president, upon the selection of another member by the president; or ( c ) if any objection received under subsection (4) is disallowed by the president, upon the decision to disallow the objection.


document_id: bsma-2004
provision_ref: s90
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 90
title: President, etc., and panel
content:
90. —(1) The Minister must appoint a president of the Boards. (2) The Minister may appoint any number of deputy presidents of the Boards that he or she considers necessary. (3) No person may be appointed as the president or a deputy president of the Boards unless the person is a qualified person within the meaning of the Legal Profession Act 1966. (4) For the purpose of enabling the Boards to be constituted under this Part, the Minister must appoint a panel consisting of such number of persons as he or she may consider necessary and must publish their names in the Gazette . (5) The president, a deputy president and any person appointed as a member of the panel constituted under subsection (4) is, subject to subsection (6), appointed for a term not exceeding 3 years, and is eligible for reappointment. (6) The Minister may at any time terminate the appointment of the president or any deputy president or member of the panel constituted under subsection (4), and fill any vacancy in its membership.


document_id: bsma-2004
provision_ref: s91
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 91
title: Protection of Board members
content:
91. The president, a deputy president and a member of a Board, in the performance of his or her functions and duties under this Act or the Land Titles (Strata) Act 1967, have the same protection and immunity as a District Judge.


document_id: bsma-2004
provision_ref: s92
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 92
title: Proceedings of Board
content:
92. —(1) Subject to the provisions of the Land Titles (Strata) Act 1967, a Board must, without delay after being constituted in respect of any dispute or matter with respect to which it has jurisdiction under this Act — ( a ) endeavour to mediate all matters that are in dispute and to bring about an agreement between the parties on those matters; and ( b ) if the Board is unable to do so at the end of a period (continuous or otherwise) of not more than 3 days of mediation, hear the parties to the dispute, arbitrate the matter and render a decision and make an order. [13/2010] (2) Subject to the provisions of this Act or the Land Titles (Strata) Act 1967, a Board may determine the procedure for mediation‑arbitration, but must allow the parties to present evidence and make submissions to it. (3) Without affecting subsection (2), a Board must — ( a ) for the purposes of the mediation referred to in subsection (1)( a ), ensure that any agreement arrived at between the parties in settlement of the dispute or matter is in appropriate contractual language so as to allow its subsequent enforcement; and ( b ) for the purposes of the arbitration referred to in subsection (1)( b ), act fairly and impartially and give each party an opportunity to present its case. (4) For the purposes of arbitration under subsection (1)( b ), a Board has powers to make orders or give directions to any party for — ( a ) security for costs; ( b ) discovery of documents and discovery of facts; [Act 32 of 2024 wef 25/11/2024] ( c ) giving of evidence by affidavit; ( d ) the preservation and interim custody of any evidence for the purposes of the proceedings; ( e ) samples to be taken from, or any observation to be made of or experiment conducted upon, any lot or common property or limited common property which is or forms part of the subject matter of the dispute; and ( f ) the preservation or interim custody of any property which is or forms part of the subject matter of the dispute. (5) To avoid doubt, all testimony or record of proceedings or notes of a Board during its conduct of mediation in any dispute or matter of which it has cognizance may not be disclosed without the consent of the person who made them. (6) The Arbitration Act 2001 does not apply to mediation‑arbitration proceedings before a Board. (7) The arbitration proceedings of a Board are open to the public and minutes of a Board including a note of any oral evidence given before the Board must be kept by the president of the Boards. (8) The arbitration proceedings of a Board are deemed to be judicial proceedings and the members of the Board are deemed to be public servants within the meaning of the Penal Code 1871. (9) A Board must carry out its work expeditiously and must make a final order or determination within 6 months from the date it is constituted or within such extension of time as the Minister may grant.


document_id: bsma-2004
provision_ref: s93
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 93
title: Continuation of hearing
content:
93. —(1) Except as otherwise provided in subsection (3), where a Board has been constituted in relation to a dispute or matter and before the dispute or matter has been determined, the president or deputy president presiding or a member constituting the Board is unable to hear or continue to hear or to determine the dispute or matter or has ceased to be the president or a deputy president or member (as the case may be) whether by resignation, death or otherwise, the Board must be reconstituted in accordance with section 89. (2) The Board as reconstituted must hear and determine the dispute or matter or so much of the dispute or matter as has not been determined and in so hearing may have regard to the evidence given, the arguments adduced and any interim order made during the previous hearing. (3) Despite subsection (1), a president, a deputy president or a member of the panel whose appointment expires during the course of any proceedings of a Board of which he or she is then presiding or is a member is, for the purpose of such proceedings and until their determination, deemed to remain a president, deputy president or member of the Board, as the case may be.


document_id: bsma-2004
provision_ref: s94
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 94
title: Representation before Board
content:
94. —(1) A party to any proceedings under this Act or the Land Titles (Strata) Act 1967 may appear before a Board or may be represented by an advocate and solicitor of the Supreme Court, or any other person that the Board may allow, who may examine witnesses and address the Board on behalf of the party. (2) A management corporation or subsidiary management corporation appearing before a Board may be represented by an advocate and solicitor of the Supreme Court, a member of the council of the management corporation or the executive committee of the subsidiary management corporation, or any other person that the Board may allow.


document_id: bsma-2004
provision_ref: s95
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 95
title: Board has no jurisdiction regarding title to land
content:
95. Despite any other provision of this Part, a Board does not have jurisdiction under this Part in any case in which the title to land is in question otherwise than for the purpose of determining any matter before the Board, as the case may be, and any determination made by the Board does not have any force or effect except as provided by this Act.


document_id: bsma-2004
provision_ref: s96
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 96
title: Witnesses may be summoned by Board
content:
96. —(1) A Board may summon any person to attend before the Board at the time and place specified in the summons and then and there to give evidence and to produce books, documents or writings in the person’s custody or control which the person is required by the summons to produce. (2) A person served with a summons under subsection (1) who, without reasonable excuse, disobeys the summons shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both. (3) A person is not bound to produce any book, document or writing not specified or otherwise sufficiently described in the summons or which the person would not be bound to produce upon an order to produce documents in a court. [Act 25 of 2021 wef 01/04/2022]


document_id: bsma-2004
provision_ref: s97
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 97
title: Board may administer oath or affirmation
content:
97. —(1) A Board may administer an oath or affirmation to a person appearing as a witness before the Board, whether or not the person has appeared in answer to a summons, and may examine the witness upon oath or affirmation. (2) A person appearing as a witness before a Board — ( a ) must not refuse to be sworn or to make an affirmation; ( b ) must not refuse to answer any question relevant to any proceedings before the Board put to him or her by the Board or by any person entitled to appear before the Board in those proceedings; and ( c ) must not knowingly give false testimony in any evidence given by the person to the Board. (3) A witness before a Board has — ( a ) the same protection; and ( b ) in addition to the penalties provided by this Act, the same liabilities, as the witness would have had if he or she had been a witness before a court instead of the Board.


document_id: bsma-2004
provision_ref: s98
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 98
title: Appeal to General Division of High Court on question of law
content:
98. —(1) No appeal shall lie to the General Division of the High Court against an order made by a Board under this Part or the Land Titles (Strata) Act 1967 except on a point of law. [40/2019] (2) Where an appeal is made to the General Division of the High Court, the General Division of the High Court may confirm, vary or set aside the order or remit the order to the Board for reconsideration together with any directions that the General Division of the High Court thinks fit. [40/2019] (3) The filing of a notice of appeal does not operate as a stay of execution or enforcement of an order or suspend the effect of an order unless the Board or the General Division of the High Court (as the case may be) otherwise orders and any stay or suspension of an order may be subject to any conditions that the Board or General Division of the High Court thinks fit. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: bsma-2004
provision_ref: s99
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 99
title: Officers of Boards
content:
99. —(1) The Minister may appoint a registrar and such other officers and employees of the Boards as the Minister may determine. (2) Subject to the directions of the president, the registrar may, in connection with any application to a Board, make interlocutory orders. (3) The registrar, in the performance of his or her functions and duties under subsection (2), has the same protection and immunity as a member of a Board. (4) The remuneration of the registrar, officers and employees appointed under subsection (1), and any other expenses of the Boards that the Minister may determine, must be paid out of moneys provided by Parliament. (5) In this section, “interlocutory order” means an order that — ( a ) is made pursuant to an application to a Board in the course of any proceeding of the Board; and ( b ) is incidental to the principal object of that proceeding, and includes any direction about the conduct of that proceeding, but does not include any interim order or any order making a final determination as regards that proceeding.


document_id: bsma-2004
provision_ref: s100
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 100
title: Allowances
content:
100. A member of a panel who is a member of a Board for the purposes of hearing a dispute or matter may, in respect of each day on which the Board is engaged in mediating or arbitrating the dispute or matter, be paid any allowances that the Minister may determine. Division 2 &#x2014; Types of orders by Board


document_id: bsma-2004
provision_ref: s101
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 101
title: General power to make orders to settle disputes or rectify complaints, etc.
content:
101. —(1) Subject to subsections (4), (6) and (7), a Board may, pursuant to an application by a management corporation or subsidiary management corporation, a subsidiary proprietor, mortgagee in possession, lessee or occupier of a lot in a subdivided building, make an order for the settlement of a dispute, or the rectification of a complaint, with respect to — ( a ) any defect in a lot, a subdivided building or its common property or limited common property; ( b ) the liability of a subsidiary proprietor to bear the costs of or any part thereof for any work carried out by a management corporation or subsidiary management corporation (as the case may be) in the exercise of its powers or performance of its duties or functions conferred or imposed by this Act or the by‑laws relating to the subdivided building or limited common property, as the case may be; or ( c ) the exercise or performance of, or the failure to exercise or perform, a power, duty or function conferred or imposed by this Act or the by‑laws relating to the subdivided building or limited common property, as the case may be. (2) An order under subsection (1) may be made on — ( a ) any person entitled to make an application under this section; or ( b ) the chairperson, secretary or treasurer of a management corporation or subsidiary management corporation, or its council or executive committee. (3) Any order made under subsection (1), except an order made with respect to the exercise or performance of, or the failure to exercise or perform, a power, duty or function conferred or imposed by this Act or the by‑laws, may provide for the payment of damages not exceeding an amount that may be ordered by a District Court if the dispute had been the subject of civil proceedings in that Court. (4) For the purposes of this section, where a management corporation or subsidiary management corporation has a discretion as to whether or not to exercise or perform a power, duty or function conferred or imposed on it by this Act or the by‑laws, it is deemed to have refused or failed to exercise or perform that power, duty or function only if it has decided not to exercise or perform that power, duty or function. (5) For the purposes of subsection (4), where an application is made to a management corporation or subsidiary management corporation to exercise a discretion mentioned in that subsection, and the management corporation or subsidiary management corporation does not, before the expiry of 2 months after the making of the application — ( a ) exercise or perform a power, duty or function in accordance with the application; or ( b ) inform the applicant that it has decided not to exercise or perform that power, duty or function in accordance with the application, the management corporation or subsidiary management corporation (as the case may be) is deemed to have decided not to exercise or perform that power, duty or function. (6) Subsection (1) does not empower a Board to make an order with respect to the exercise or performance of, or the failure to exercise or perform, a power, duty or function of a management corporation or subsidiary management corporation where that power, duty or function may, in accordance with any provision of this Act or the by‑laws, only be exercised or performed pursuant to a unanimous resolution, special resolution, 90% resolution, comprehensive resolution or resolution by consensus. (7) An order in respect of any matter dealt with in any other section in this Part must not be made under this section. (8) In any proceedings under this section with respect to any alleged defect in a lot or in any common property or limited common property situated immediately (whether wholly or partly) above another lot or any common property or limited common property, it is presumed, in the absence of proof to the contrary, that the defect is within that lot or common property or limited common property (as the case may be) above if there is any evidence of dampness, moisture or water penetration — ( a ) on the ceiling that forms part of the interior of the lot, common property or limited common property (as the case may be) immediately below; or ( b ) on any finishing material (including plaster, panel or gypsum board) attached, glued, laid or applied to the ceiling that forms part of the interior of the lot, common property or limited common property (as the case may be) immediately below.


document_id: bsma-2004
provision_ref: s102
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 102
title: Order to convene meetings
content:
102. —(1) A Board may, on application and if it considers it to be in the interest of the management corporation or subsidiary management corporation (as the case may be) make an order appointing a person nominated by the applicant (and who has consented to that nomination) to convene — ( a ) a meeting of the management corporation or subsidiary management corporation (as the case may be) if, after the first annual general meeting — (i) there is no council or executive committee; or (ii) the council or executive committee (as the case may be) does not appoint a person to fill the vacancy or vacancies in any office of that council or executive committee and has not convened a general meeting of the management corporation or subsidiary management corporation (as the case may be) for that purpose; or ( b ) a meeting of the council of a management corporation or the executive committee of a subsidiary management corporation (as the case may be) if there is not elected a chairperson, secretary and treasurer of the council or executive committee after the first meeting of the council of the management corporation or the executive committee of the subsidiary management corporation, as the case may be, for the purpose of electing or appointing a person or persons to fill the vacancy or vacancies in that office or those offices. (2) Without affecting subsection (1), where a default is made by a management corporation or subsidiary management corporation in holding any general meeting (other than the first annual general meeting), a Board may, on application, order the management corporation or subsidiary management corporation (as the case may be) to convene a general meeting. (3) Any meeting ordered under subsection (1) or (2) must be convened and held within the time specified in the order. (4) A meeting held under subsection (1)( b ) is taken to be held by the council of the management corporation or the executive committee of the subsidiary management corporation, as the case may be. (5) An order made under this section may include such ancillary or consequential provisions as the Board thinks fit. (6) If an order under this section so provides — ( a ) the person appointed to convene a general meeting of a management corporation or subsidiary management corporation by the order must preside at the meeting and, while the person so presides, is taken to be the chairperson of the management corporation or the subsidiary management corporation (as the case may be); and ( b ) notice of that meeting may be given in the manner specified in the order. (7) Only a subsidiary proprietor or other person entitled to vote at a meeting may make an application under this section for an order to convene that meeting.


document_id: bsma-2004
provision_ref: s103
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 103
title: Order to invalidate proceedings
content:
103. —(1) Where, pursuant to an application by a subsidiary proprietor or first mortgagee of a lot, a Board considers that the provisions of this Act have not been complied with in relation to a meeting of the management corporation or subsidiary management corporation, or a council or executive committee, the Board may, by order — ( a ) invalidate any resolution of, or election held by, the persons present at the meeting; or ( b ) refuse to invalidate any such resolution or election. [35/2017] (2) A Board must not make an order under subsection (1) refusing to invalidate a resolution or election unless it considers — ( a ) that the failure to comply with the provisions of this Act did not prejudicially affect any person; and ( b ) that compliance with the provisions of this Act would not have resulted in a failure to pass the resolution, or have affected the result of the election, as the case may be.


document_id: bsma-2004
provision_ref: s104
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 104
title: Order where voting rights denied or due notice of item of business not given
content:
104. —(1) Where, pursuant to an application by a person under this section, a Board is satisfied that a particular resolution would not have been passed at a general meeting of a management corporation or subsidiary management corporation but for the fact that the applicant — ( a ) was improperly denied a vote on the motion for the resolution; or ( b ) was not given due notice of the item of business pursuant to which the resolution was passed, the Board may order that the resolution be treated as a nullity on and from the date of the order. (2) An application for an order under subsection (1) may not be made after 21 days after the date of the meeting at which the resolution was passed. (3) Where — ( a ) an order under subsection (1) is made in respect of a resolution making a by‑law amending, adding to or repealing another by‑law; and ( b ) the by-law made pursuant to that resolution is in force, the by-law, subject to its having been or being amended, added to or repealed under section 32, 33 or 82 (as the case may be) has force and effect on and from the date the order is so made to the same extent as it would have had if the resolution had not been passed.


document_id: bsma-2004
provision_ref: s105
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 105
title: Order revoking amendment of by-law
content:
105. —(1) Where, pursuant to an application by any person entitled to vote at a meeting of the management corporation or subsidiary management corporation (including both a first mortgagee and a mortgagor of a lot), a Board considers that, having regard to the interest of all subsidiary proprietors in the use and enjoyment of their lots or the common property or limited common property (as the case may be), an amendment or repeal of a by‑law or addition of a new by‑law should not have been made or effected, the Board may order that the amendment be repealed, that the revoked by‑law be revived or that the additional by‑law be repealed. (2) When making an order under subsection (1) in respect of an exclusive use by‑law referred to in section 33 or 82 (in relation to limited common property), a Board may direct the payment by the management corporation or subsidiary management corporation (as the case may be) of compensation to the subsidiary proprietor of the lot referred to in the by‑law. (3) A payment ordered to be made under subsection (2) is recoverable by the subsidiary proprietor as a debt in a court of competent jurisdiction.


document_id: bsma-2004
provision_ref: s106
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 106
title: Order invalidating purported by-law
content:
106. Where, pursuant to an application by a person entitled to vote at a meeting of a management corporation or subsidiary management corporation (including both a first mortgagee and a mortgagor of a lot), a Board considers that the management corporation or subsidiary management corporation (as the case may be) did not have the power to make a by‑law purporting to have been made by it, the Board may make an order declaring the by‑law to be invalid.


document_id: bsma-2004
provision_ref: s107
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 107
title: Order varying certain rates of interest
content:
107. Where, pursuant to an application by a subsidiary proprietor or a mortgagee in possession, a Board considers that the management corporation or subsidiary management corporation to which the application relates has determined an unreasonable rate as the rate of interest chargeable for the late payment of a contribution levied under section 40(6) or 79 (as the case may be) the Board may, in respect of such contributions as are specified in the order, order that no interest be so chargeable or that the rate so chargeable be a rate specified by the Board in the order instead of the rate so determined.


document_id: bsma-2004
provision_ref: s108
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 108
title: Order varying contributions, etc.
content:
108. —(1) Where, pursuant to an application by a management corporation, a subsidiary management corporation, a subsidiary proprietor or a mortgagee in possession (whether personally or by another person), a Board considers that any amount levied or proposed to be levied by way of contributions — ( a ) under section 40 or 41(3) or (4) in respect of a lot in a subdivided building where planning permission for the development of land was granted prior to 15 April 1976; or ( b ) under section 41(3) or (4) in respect of a lot in a subdivided building where planning permission for the development of land was granted on or after 15 April 1976, is inadequate or excessive or the manner of payment of contributions is unreasonable, the Board may make either or both of the following orders: ( c ) an order for the payment of contributions of a different amount with effect from the date the Board determines; ( d ) an order for the payment of contributions in a different manner. (2) Where an order of a Board under subsection (1) takes effect in relation to a contribution levied by a management corporation or subsidiary management corporation (as the case may be) that has been wholly or partly paid in respect of a lot, the management corporation or subsidiary management corporation is deemed to have imposed a levy of the amount determined by the Board with effect from the date the Board determines. (3) Despite section 40(2), an order may be made by a Board under subsection (1) for the payment of any amount which the Board thinks is fair and adequate. (4) To avoid doubt, nothing in this section authorises any Board to alter the share value of any lot shown in a strata title plan in any manner on or after the date the management corporation is constituted.


document_id: bsma-2004
provision_ref: s109
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 109
title: Order varying amount of insurance
content:
109. —(1) Where, pursuant to an application by a subsidiary proprietor or the mortgagee of a lot, a Board considers that the amount for which the management corporation for the subdivided building concerned has insured under section 75 is not reasonable, the Board may order the management corporation to vary that amount to a specified amount. (2) Where, pursuant to an application by an interested subsidiary proprietor or the mortgagee of a lot, a Board considers that the amount for which the subsidiary management corporation concerned has insured under section 79(6) is not reasonable, the Board may order the subsidiary management corporation to vary that amount to a specified amount.


document_id: bsma-2004
provision_ref: s110
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 110
title: Order to make or pursue insurance claim
content:
110. Where, pursuant to an application by a subsidiary proprietor, a Board considers that the management corporation or subsidiary management corporation to which the application relates has unreasonably refused to make or pursue an insurance claim in respect of damage to the building or any limited common property or other property insured by the management corporation or subsidiary management corporation under Division 6 or 7 of Part 5, the Board may order the management corporation or subsidiary management corporation (as the case may be) to make or pursue the claim.


document_id: bsma-2004
provision_ref: s111
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 111
title: Order with respect to consents affecting common property
content:
111. Where, pursuant to an application by a subsidiary proprietor, a Board considers that the management corporation or subsidiary management corporation to which the application relates — ( a ) has unreasonably refused to consent to a proposal by that subsidiary proprietor to effect alterations to the common property or limited common property; or ( b ) has unreasonably refused to authorise under section 37(4) any improvement in or upon a lot which affects the appearance of any building comprised in the strata title plan, the Board may make an order that the management corporation or subsidiary management corporation (as the case may be) consents to the proposal.


document_id: bsma-2004
provision_ref: s112
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 112
title: Order appointing managing agent to perform certain powers
content:
112. —(1) Where, pursuant to an application by a subsidiary proprietor, the mortgagee of a lot or a judgment creditor of a management corporation, a Board is satisfied that it is in the interests of the subsidiary proprietors of all the lots in the subdivided building concerned or the creditors of the management corporation or subsidiary management corporation (as the case may be) to appoint a managing agent for the management corporation or subsidiary management corporation, the Board may order the management corporation to appoint a managing agent to perform the duties specified in the order. (2) Where a Board makes an order under subsection (1), it may also order that the managing agent has and may exercise and perform — ( a ) all the powers, duties and functions of the management corporation or subsidiary management corporation to which the order relates or of the chairperson, secretary or treasurer thereof, or the council of that management corporation or the executive committee of that subsidiary management corporation; ( b ) any one or more of those powers, duties or functions specified in the order; or ( c ) all of those powers, duties and functions except those specified in the order.


document_id: bsma-2004
provision_ref: s113
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 113
title: Order to supply information or documents
content:
113. Where, pursuant to an application by any person, a Board considers that the management corporation or subsidiary management corporation to which the application relates, or a managing agent or the chairperson, secretary or treasurer of that management corporation or subsidiary management corporation has wrongfully — ( a ) withheld from the applicant any information to which the applicant is entitled under this Act; or ( b ) failed to make available for inspection by the applicant or the applicant’s agent any record or document that, under this Act, the applicant is entitled to inspect, the Board may order that management corporation, subsidiary management corporation, managing agent, chairperson, secretary or treasurer to supply or make available the information or to make so available the record or document, as the case may require, to the applicant.


document_id: bsma-2004
provision_ref: s114
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 114
title: Order for entry to lot
content:
114. —(1) A Board may make an order requiring a subsidiary proprietor or an occupier of any lot or part of a lot to allow a management corporation or subsidiary management corporation (as the case may be) access to the lot or part of the lot for the purpose of carrying out any work mentioned in section 30 or determining whether any such work needs to be carried out. (2) This section does not limit the power of any management corporation or subsidiary management corporation to enter a lot under section 31 without applying for an order under this section. (3) An application under this section may be made only by a management corporation or subsidiary management corporation.


document_id: bsma-2004
provision_ref: s115
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 115
title:
Order to resolve dispute between management corporations and subsidiary management corporations, etc.

content:
115. —(1) Where, pursuant to an application by a management corporation or subsidiary management corporation (called in this section the applicant corporation), a Board is satisfied that a management corporation or subsidiary management corporation to which the application relates — ( a ) has unreasonably refused access to any common property or limited common property or unreasonably refused to furnish any information relating to any common property or limited common property or any subsidiary proprietor, to the applicant corporation or any of its delegates where such access or information is necessary for the effective discharge by the applicant corporation or its delegate of its duties imposed by or under this Act; or ( b ) has done anything or permitted anything to be done in relation to any common property or limited common property in such a manner or for such a purpose as to interfere unreasonably with or unreasonably obstructs, hinders or delays the applicant corporation or any of its delegates from effectively discharging its duties imposed by or under this Act, the Board may make an order for the settlement of the dispute. (2) Nothing in subsection (1) is deemed to authorise any Board to require a management corporation or subsidiary management corporation to disclose any confidential information. (3) In this section, the delegates of a management corporation or subsidiary management corporation include — ( a ) any member of its council or executive committee, as the case may be; ( b ) any managing agent duly appointed by the management corporation or subsidiary management corporation; or ( c ) any duly authorised employee of any such managing agent. Division 3 &#x2014; Miscellaneous


document_id: bsma-2004
provision_ref: s116
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 116
title: Board’s power to dismiss certain applications
content:
116. A Board may dismiss an application under this Part if — ( a ) the Board believes that the application is frivolous, vexatious, misconceived or lacking in substance; ( b ) the Board believes that a decision in favour of the applicant is not within the jurisdiction of the Board; ( c ) the Board believes that the applicant has unreasonably delayed the provision of information required by the Board; ( d ) in the case of an application made by any subsidiary proprietor of a lot, the applicant has not paid all contributions levied and payable in relation to the lot under this Act; or ( e ) the Board believes that the case is suitable for mediation but the mediation is pending at the time of application.


document_id: bsma-2004
provision_ref: s117
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 117
title: General provisions relating to orders
content:
117. —(1) An order made by a Board under this Act or the Land Titles (Strata) Act 1967 may include such ancillary or consequential provisions as the Board thinks fit including costs to be paid by the applicant, a management corporation, a subsidiary management corporation or any person against whom the order is made or costs to be paid by a party for making a frivolous application to the Board. (2) Without affecting subsection (1), a Board may order — ( a ) a management corporation or its council; ( b ) a subsidiary management corporation or its executive committee; ( c ) a managing agent; or ( d ) a subsidiary proprietor or other person having an estate or interest in a lot or an occupier of a lot, to do or refrain from doing a specified act with respect to a subdivided building or the common property or limited common property, as the case may be.


document_id: bsma-2004
provision_ref: s118
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 118
title: Interim orders
content:
118. —(1) If an applicant for an order under this Part requests the making of an interim order and a Board, or the president or deputy president presiding, is satisfied on reasonable grounds that urgent considerations justify the making of such an order, the Board, president or deputy president (as the case may be) may — ( a ) make an order that could otherwise be made by the Board (called in this Part an interim order); and ( b ) renew the interim order by serving notice in accordance with section 119 if a request for its renewal is made not later than 3 months after the order is made. (2) A Board, or the president or deputy president presiding, may revoke an interim order, or a renewal of an interim order, made under subsection (1). (3) When an interim order is revoked, the registrar must serve notice of its revocation in accordance with section 119. (4) An interim order may be made or renewed in respect of any application under this Part even if — ( a ) since receipt of the application, any procedure under this Part has not been followed; ( b ) the time, or extended time, for making submissions on an application has not expired; or ( c ) a right of appearance of representation has not been exercised. (5) An interim order continues in force — ( a ) until the expiry of any period, not exceeding 3 months, that the Board, president or deputy president (as the case may be) may specify in the order, starting with the making of that order; ( b ) if application is duly made for its renewal, until the renewal is granted or refused; or ( c ) if it is renewed, until the expiry of a period of 6 months, starting with the making of the order. (6) Subsection (5) does not apply if the interim order is revoked on appeal or the application is determined in accordance with another provision in this Part. (7) Any person who, in, or in connection with, a request for an interim order or for the renewal of any such order, makes a statement that the person knows is false or misleading in a material respect shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: bsma-2004
provision_ref: s119
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 119
title: Effect of orders on notice
content:
119. —(1) Subject to subsection (2), the registrar must serve a copy of every order (including an interim order) made by a Board, the president or a deputy president pursuant to any application made under this Part on — ( a ) the applicant; ( b ) the management corporation or subsidiary management corporation for the strata title plan concerned; ( c ) the person against whom the order is made; and ( d ) any person who made a written submission to the Board in response to the Board’s invitation. (2) If the order (including an interim order) of the Board, the president or a deputy president is a declaratory or other order affecting the subsidiary proprietors or occupiers of the lots in a strata title plan generally, or a particular class of the subsidiary proprietors or occupiers, the registrar need not serve a copy of the order on each subsidiary proprietor and occupier affected individually, but may instead give notice in a way that ensures, as far as reasonably practicable, it comes to the attention of all subsidiary proprietors and occupiers or all subsidiary proprietors and occupiers in that class. (3) Every copy of an order served under subsection (1) or (2) must be certified by the president to be a true copy of the order. (4) Except where otherwise provided by this Act or the Land Titles (Strata) Act 1967 or to the extent it is otherwise specified in an order, an order (including an interim order) made under this Part takes effect when a copy of the order is served on — ( a ) the applicant; ( b ) the management corporation or subsidiary management corporation for the strata title plan concerned; and ( c ) the person against whom the order is made.


document_id: bsma-2004
provision_ref: s120
chapter: PART 6 - DISPUTES AND STRATA TITLES BOARDS
section: 120
title: Enforcement and penalty for contravention of orders
content:
120. —(1) Any order (including an interim order) made under this Part or the Land Titles (Strata) Act 1967 may, by permission of a District Court, be enforced against the person in the same manner as a judgment of that court, and where permission is so given, judgment may be entered in terms of that order. [Act 25 of 2021 wef 01/04/2022] (2) A person who contravenes any order (including an interim order) made under this Part or the Land Titles (Strata) Act 1967 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both. [35/2017] (3) A document purporting to be a copy of an order (including an interim order) made under this Part or the Land Titles (Strata) Act 1967 is admissible in evidence and is, until the contrary is proved, deemed to be an order made by the Board.


document_id: bsma-2004
provision_ref: s123
chapter: PART 8 - GENERAL
section: 123
title: Other rights and remedies not affected by this Act
content:
123. Nothing in this Act affects or takes away any rights or remedies that a subsidiary proprietor or mortgagee of a lot or a management corporation may have in relation to any lot or the common property apart from this Act.


document_id: bsma-2004
provision_ref: s124
chapter: PART 8 - GENERAL
section: 124
title: Legal proceedings
content:
124. —(1) Every application to the court under this Act must be by originating application. [Act 25 of 2021 wef 01/04/2022] (2) Where this Act provides for any sum to be recovered by any person or authority from any other person or authority, the sum may be recovered by an action for a debt in any court of competent jurisdiction.


document_id: bsma-2004
provision_ref: s125
chapter: PART 8 - GENERAL
section: 125
title: Corporate offenders and unincorporated associations
content:
125. —(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate, the officer as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of the body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association or a member of its governing body, the officer or member as well as the association shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership; “officer” — ( a ) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body or person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary and members of the committee of the association and includes persons holding positions analogous to those of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. [35/2017]


document_id: bsma-2004
provision_ref: s126
chapter: PART 8 - GENERAL
section: 126
title: Monitoring powers of Commissioner
content:
126. —(1) The Commissioner may by notice require an owner developer of a development, the relevant member in the council of any management corporation or the executive committee of any subsidiary management corporation, a managing agent or an employee of the managing agent or other person — ( a ) to produce for inspection, without fee or reward, by the Commissioner or a person authorised by the Commissioner, any such books, registers, documents or other records relating to the maintenance of buildings, the maintenance of a development before a strata title plan is registered for the development or the management of the management corporation or subsidiary management corporation (as the case may be) as the Commissioner may reasonably require for the purposes of the carrying out of his or her functions under this Act; or ( b ) to furnish the Commissioner, or a person authorised by the Commissioner, with such information or explanation relating to the maintenance of buildings, the maintenance of a development before a strata title plan is registered for the development or the management of the management corporation or subsidiary management corporation (as the case may be) as the Commissioner may reasonably so require, and to do so within a reasonable time specified in the notice. [35/2017] (2) The Commissioner or a person authorised by the Commissioner may without fee or reward — ( a ) make copies of or extracts from, or records of any information contained in, any books, registers, documents or other records produced under subsection (1)( a ); or ( b ) make copies of or extracts from or records of any information or explanation furnished under subsection (1)( b ). (3) The Commissioner, or a person authorised in writing by the Commissioner, may enter at any reasonable time any building, common property or limited common property and having entered the building, common property or limited common property may do all or any of the following: ( a ) inspect any book, register, document or other records relating to — (i) the management of a management corporation or subsidiary management corporation; (ii) the maintenance of a development before a strata title plan is registered for the development; or (iii) the maintenance of any building; ( b ) make copies of, or records of any information contained in, any such books, registers, documents or other records; ( c ) carry out checks to ascertain whether there is, or has been, on or in connection with the building, common property or limited common property (as the case may be), a contravention of any requirement by or under this Act; ( d ) carry out checks to ascertain whether circumstances exist that would authorise the Commissioner or any person appointed by the Commissioner for this purpose to take any action or execute any work authorised or required by or under this Act; ( e ) take any action or execute any work, authorised or required by or under this Act. [35/2017] (4) Where any records mentioned in subsection (1) or (3) are kept in electronic form, then — ( a ) the power of the Commissioner under subsection (1) to require the records to be produced for inspection includes power to require a copy of the records to be made available for inspection in legible form (and subsection (2)( a ) applies accordingly in relation to any copy so made available); and ( b ) the power of any person (called in this subsection the inspector) under subsection (3) to inspect the records includes power to require any person in the building, on common property or limited common property in question to give the inspector the assistance the inspector reasonably requires to enable him or her — (i) to inspect and make copies of the records in legible form or to make records of information contained in them; or (ii) to inspect and check the operation of any computer, and any associated apparatus or material, that is or has been in use in connection with the keeping of the records. [35/2017] (5) In addition to the powers conferred on him or her by subsections (1) and (2), the Commissioner or a person authorised by the Commissioner may require, by written order, the attendance before the Commissioner or authorised person of — ( a ) an owner developer of any development or an employee thereof, a managing agent or an employee of a managing agent, being within the limits of Singapore who, from any information given or otherwise obtained by the Commissioner, appears to be acquainted with the circumstances of the case; ( b ) the relevant member in the council of any management corporation or the executive committee of any subsidiary management corporation, any managing agent, or any employee thereof, who, from any information given or otherwise obtained by the Commissioner, appears to be acquainted with the circumstances of the case; or ( c ) any other person who, from any information given or otherwise obtained by the Commissioner, appears to be acquainted with the maintenance of a building or the circumstances of the case. [35/2017] (5A) Any statement made by any person required under subsection (5) to attend before the Commissioner or authorised person must — ( a ) be reduced to writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted for the person in a language that the person understands; and ( d ) after correction (if necessary) be signed by that person. [35/2017] (6) Any person who — ( a ) refuses to give access to, or assaults, obstructs, hinders or delays, the Commissioner or a person authorised under this section (called in this subsection the authorised person) in the discharge of the duties by the Commissioner or authorised person under this Act; ( b ) without reasonable excuse, refuses to give any information or produce any book, register, document or copy thereof required of the person by the Commissioner or authorised person under subsection (1); or ( c ) without reasonable excuse, fails to comply with a lawful demand of the Commissioner or authorised person in the discharge by the Commissioner or authorised person of his or her duties under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. (7) A person is not excused from giving any information required under this section on the ground that the giving of the information might tend to incriminate the person or expose the person to a punishment. [35/2017] (8) Where a person claims, before giving any information that the person is required under this section to give, that the giving of the information might tend to incriminate the person — ( a ) that information; ( b ) the giving of the information; and ( c ) any information, document or thing obtained as a direct or indirect consequence of the giving of the information, is not admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under section 127. [35/2017] (9) The powers conferred under subsection (1), (2), (3) or (5) may only be exercised by the Commissioner (or, as the case may be, by a person authorised by the Commissioner) — ( a ) for ensuring that the provisions of this Act and the regulations with respect to any of the following are being complied with: (i) the maintenance of buildings; (ii) the maintenance of a development before a strata title plan is registered for the development; (iii) the management of management corporations or subsidiary management corporations; (iv) any approval, permit or authorisation required by or under this Act with respect to any matter in sub‑paragraph (i), (ii) or (iii); or ( b ) for investigating any offence under this Act or any regulations made under section 136. [35/2017]


document_id: bsma-2004
provision_ref: s127
chapter: PART 8 - GENERAL
section: 127
title: Supply of false or misleading information to Commissioner
content:
127. —(1) Any person who knowingly or recklessly provides the Commissioner with information which is false or misleading in a material particular shall be guilty of an offence if the information is provided — ( a ) in purported compliance with a requirement imposed by or under this Act; and ( b ) otherwise than as mentioned in paragraph ( a ) but in circumstances in which the person providing the information intends, or could reasonably be expected to know, that it would be used by the Commissioner for the purpose of discharging his or her functions under this Act. (2) Any person who — ( a ) alters, suppresses, conceals or destroys; or ( b ) causes or permits the alteration, suppression, concealment or destruction of, any document or other record relating to the financial affairs or transactions of an owner developer, a management corporation or subsidiary management corporation with the intention of falsifying the document or record or enabling that organisation or individual to evade any provision of this Act shall be guilty of an offence. (3) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: bsma-2004
provision_ref: s128
chapter: PART 8 - GENERAL
section: 128
title: General penalties
content:
128. Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000. [35/2017]


document_id: bsma-2004
provision_ref: s129
chapter: PART 8 - GENERAL
section: 129
title: Service of notices
content:
129. —(1) Unless otherwise expressly provided in this Act, a notice that is required or authorised by or under this Act or any by‑laws to be given to or served on a person may be given to or served on that person — ( a ) by posting it or sending it by fax to the person’s address for service (within the meaning of this section) or to the person’s last known place of residence or business; ( b ) by leaving it at the person’s address for service (within the meaning of this section) or at the person’s last known place of residence or business; or ( c ) by electronic communication, by sending an electronic communication of the notice to the last email address given to the sender by the person as the email address for the service of notices under this Act on the person. [35/2017] (1A) Unless otherwise expressly provided in this Act, a notice that is required or authorised by or under this Act or any by‑laws to be given or served on a subsidiary proprietor may, in addition to any method described in subsection (1), be given to or served on the subsidiary proprietor by affixing the notice on the front door of the subsidiary proprietor’s lot. [35/2017] (1B) Despite subsection (1), where a notice which is required or authorised by or under this Act or any by‑laws to be given or served on a subsidiary proprietor is given or served by a management corporation or subsidiary management corporation, by electronic communication as described in subsection (1)( c ), that notice is not treated as given to or served on the subsidiary proprietor — ( a ) unless the notice is also posted to the subsidiary proprietor’s address for service (within the meaning of this section) or to the subsidiary proprietor’s last known place of residence or business; and ( b ) until subsection (5)( b ) or ( d ) first applies. [35/2017] (2) A summons or other legal process may be served on a management corporation or subsidiary management corporation by leaving it with the chairperson or secretary of the management corporation or subsidiary management corporation or of the council or with any member of the council thereof. (3) A document other than a document mentioned in subsection (2) may be served on a management corporation or subsidiary management corporation — ( a ) by leaving it with any person referred to in subsection (1) or in the receptacle provided by the management corporation or subsidiary management corporation under section 28; ( b ) by sending it, by registered post, to the management corporation at its address recorded on the folio of the land‑register comprising the common property; or ( c ) by electronic communication, by sending an electronic communication of the notice to the last email address given to the sender by the management corporation or subsidiary management corporation as the email address for the service of documents under this Act on the management corporation or subsidiary management corporation, as the case may be. [35/2017] (4) The address for service for persons other than a management corporation or subsidiary management corporation is as follows: ( a ) in the case of an occupier of a lot, the address for service is the address of the lot; ( b ) where an address or an email address for service of notices is recorded in the address so recorded in the strata roll, the address so recorded. [35/2017] (5) Where any notice or other document is — ( a ) sent by fax in accordance with subsection (1), it is deemed to have been duly served on or given to the person to whom it is addressed where there is an acknowledgment by electronic or other means to the effect that the notice or document has been received at the address for service or place of residence or business, as the case may be; ( b ) sent by post, it is deemed to have been duly served on or given to the person to whom it is addressed as follows, even if the notice or document is returned undelivered: (i) on the 3rd working day after the day the notice or document was posted, if sent by prepaid registered post; (ii) on the 4th working day after the day the notice or document was posted, if sent by ordinary post; ( c ) delivered to or affixed on the front door of any lot, it is deemed to have been duly served on or given to the person on the date of the delivery or affixing of the notice or document at that lot; or ( d ) sent by electronic communication in accordance with subsection (1)( c ), it is deemed to be duly served on or given to the person to whom the electronic communication is addressed when it becomes capable of being retrieved by the addressee at an electronic address designated by the addressee. [35/2017] (6) Subject to subsection (2), this section does not apply to notices and documents to be served in proceedings in court.


document_id: bsma-2004
provision_ref: s129A
chapter: PART 8 - GENERAL
section: 129A
title: Inaccuracies in notices, etc.
content:
129A. —(1) Any misnomer or inaccurate description of any person, premises or building or any other thing named or described in any notice or order given or served under or for the purposes of this Act does not render invalid the notice or order or affect the operation of this Act if the person, premises or building or other thing named or described in the notice or order is so designated or described as to be identifiable. [35/2017] (2) No proceedings taken under or by virtue of this Act is rendered invalid merely by reason of want of form, which otherwise would be valid. [35/2017]


document_id: bsma-2004
provision_ref: s130
chapter: PART 8 - GENERAL
section: 130
title: Jurisdiction of court
content:
130. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of the offence.


document_id: bsma-2004
provision_ref: s131
chapter: PART 8 - GENERAL
section: 131
title: Composition of offences
content:
131. —(1) The Commissioner may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following amounts: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. [35/2017] (2) The Minister may make regulations to prescribe the offences which may be compounded. (3) All sums collected under this section must be paid into the Consolidated Fund. [35/2017] (4) The Commissioner, and any other officer appointed under section 3(3) to exercise the powers conferred on the Commissioner under this section, are, in relation to the administration, collection and enforcement of payment of composition sums under this section, each taken to be a public officer for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to the Commissioner and other officer even though he or she is not or was not in the employment of the Government. [35/2017]


document_id: bsma-2004
provision_ref: s132
chapter: PART 8 - GENERAL
section: 132
title: Protection from liability
content:
132. No action shall lie against the Commissioner or any officer appointed under this Act or any person acting under the direction of the Commissioner or that officer in respect of any matter or thing done in good faith for the purpose of carrying out the provisions of this Act.


document_id: bsma-2004
provision_ref: s133
chapter: PART 8 - GENERAL
section: 133
title: Application to Government
content:
133. This Act binds the Government but nothing in this Act renders the Government liable to prosecution for an offence.


document_id: bsma-2004
provision_ref: s134
chapter: PART 8 - GENERAL
section: 134
title: Exemption
content:
134. —(1) The Minister may, by order in the Gazette , exempt any person or building, or any class of persons or buildings, from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed. (2) The Minister may, on the application of any person, exempt the person from all or any of the provisions of this Act, by written notice, if the Minister considers it appropriate to do so in the circumstances of the case. (3) An exemption under subsection (2) — ( a ) may be granted subject to such terms or conditions as the Minister may specify by notice in writing; ( b ) need not be published in the Gazette ; and ( c ) may be withdrawn at any time if the Minister considers it necessary in the public interest. (4) Any person who contravenes any term or condition prescribed under subsection (1) or specified by the Minister under subsection (3)( a ) shall be guilty of an offence.


document_id: bsma-2004
provision_ref: s135
chapter: PART 8 - GENERAL
section: 135
title: Amendment of Schedules
content:
135. —(1) The Minister may at any time, by order in the Gazette , amend the First or Second Schedule. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient.


document_id: bsma-2004
provision_ref: s136
chapter: PART 8 - GENERAL
section: 136
title: Regulations
content:
136. —(1) The Minister may make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) providing for proper standards of management and maintenance in respect of subdivided buildings, any common property and limited common property; [Act 12 of 2020 wef 01/10/2025] ( aa ) [ Deleted by Act 12 of 2020 wef 01/10/2025 ] ( ab ) applying for approval from the Commissioner under section 18(1) of the maximum rate of maintenance charges for a development; ( b ) the nomination and election of members of the council of a management corporation or the executive committee of a subsidiary management corporation; ( c ) the minimum amount of contributions payable by subsidiary proprietors towards any sinking fund of a management corporation or subsidiary management corporation; ( d ) the investment of moneys belonging to a sinking fund of a management corporation or subsidiary management corporation; ( e ) the provision of parking places for the exclusive use of residents of lots in subdivided buildings used for both residential and commercial purposes; ( f ) the fees to be paid to management corporations or subsidiary management corporations for anything to be done under this Act; ( g ) the fees to be paid in respect of any matter or thing required for the purposes of this Act, including approvals, permits or licences required under this Act and the refund and remission, whether in whole or in part, of the fees; ( h ) the practice and procedure of the Strata Titles Boards; ( ha ) providing for or with respect to the means of voting (other than in person) at a general meeting that may be adopted by a management corporation or subsidiary management corporation, and the procedures for voting by those means; ( i ) any other matter which by this Act is required or permitted to be prescribed or is necessary or convenient to be prescribed for carrying out or giving effect to any provision of this Act. [35/2017] (3) Regulations made under this section may make different provisions for different types of buildings, common property and limited common property. (4) The Minister may, in making any regulations under subsection (1), provide that — ( a ) any contravention of any provision of the regulations relating to the maintenance of lifts and escalators, or incidents or accidents involving lifts or escalators, shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both; or ( b ) any contravention of any provision of any other regulations made under that subsection shall be an offence punishable with a fine not exceeding $5,000. [35/2017] (5) Any regulations made under subsection (1) relating to the maintenance of lifts and escalators may apply, adopt or incorporate by reference — ( a ) either wholly or partially; ( b ) with or without modification; or ( c ) either specifically or by reference, any matter contained in any code, standard, rule, requirement, specification or other document, as in force or published at a particular time or as in force or published from time to time, which relates to any matter that those regulations deal with. [35/2017] (6) Unless otherwise provided in the regulations made under subsection (1), every material so applied, adopted or incorporated under subsection (5), and every amendment to any material so incorporated by reference under subsection (5) that is made by the person or organisation originating the material is, subject to subsections (7) and (8), to be treated as being a part of those regulations. [35/2017] (7) Where any material mentioned in subsection (5) is applied, adopted or incorporated by reference in any regulations made under subsection (1) relating to the maintenance of lifts and escalators, the Minister must give notice in the Gazette stating — ( a ) that the material is incorporated in those regulations, and the date on which the relevant provision in those regulations was made; ( b ) that the material is available for inspection without charge during working hours; ( c ) the place where the material can be inspected; ( d ) that copies of the material can be purchased, and the place where the material can be purchased; and ( e ) if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained. [35/2017] (8) In addition, the Minister must cause a copy of every material applied, adopted or incorporated in regulations made under subsection (1) relating to the maintenance of lifts and escalators by reference under subsection (5), to be made available for inspection by members of the public without charge at any of the offices of the Building and Construction Authority during normal office hours. [35/2017] (9) In this section, “modification” includes omissions, additions and substitutions. [35/2017]


document_id: bsma-2004
provision_ref: s137
chapter: PART 8 - GENERAL
section: 137
title:
Saving and transitional provisions due to repeal of Buildings and Common Property (Maintenance and Management) Act (Cap. 30, 2000 Revised Edition)

content:
137. —(1) The saving and transitional provisions contained in Part 1 of the Fourth Schedule (Provisions due to repeal of Buildings and Common Property (Maintenance and Management) Act) have effect. (2) Any written law or document referring to the repealed Buildings and Common Property (Maintenance and Management) Act (Cap. 30, 2000 Revised Edition) is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to this Act.


document_id: bsma-2004
provision_ref: s138
chapter: PART 8 - GENERAL
section: 138
title:
Saving and transitional provisions due to amendments to Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition)

content:
138. —(1) [ Omitted as having had effect ] (2) The saving and transitional provisions contained in Part 2 of the Fourth Schedule (Provisions due to amendments to Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition)) have effect.


document_id: bsma-2004
provision_ref: s139
chapter: PART 8 - GENERAL
section: 139
title: Saving and transitional provisions
content:
139. —(1) Except as otherwise expressly provided in the Fourth Schedule to this Act — ( a ) the provisions of this Act apply to buildings comprised in any strata title plan registered under the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) before 1 April 2005; and ( b ) nothing in that Schedule affects any saving provided by the Interpretation Act 1965. (2) Except as otherwise expressly provided in the Fourth Schedule, where any period of time specified in any former provision is current immediately before the date of commencement for the repeal or amendment (as the case may be) of the former provision, this Act has effect as if the corresponding provision in this Act had been in force when the period began to run; and (without affecting the foregoing) any period of time so specified and current is deemed for the purposes of this Act — ( a ) to run from the date or event from which it was running immediately before that day; and ( b ) to expire (subject to any provision of this Act for its extension) whenever it would have expired if this Act had not been enacted, and any rights, priorities, liabilities, reliefs, obligations, requirements, powers, duties or exemptions dependent on the beginning, duration or end of such a period as above mentioned are to be under this Act as they were or would have been under that former provision. (3) [ Omitted as spent ] (4) In this section, “former provision” means any provision in the repealed Act or any provision of the Land Titles (Strata) Act (Cap. 158, 1999 Revised Edition) repealed or amended by this Act.


document_id: bso-1911
provision_ref: s2
section: 2
title: The Anglican Bishop of Singapore to be a body corporate
content:
2. —(1) The Right Reverend Charles James Ferguson-Davie, Doctor of Divinity, Bishop of the Church of England and titular Bishop of Singapore and his successors in office who are Bishops of the Church of England and recognised by the Archbishop of Canterbury for the time being as duly authorised to exercise the office of Bishop in the Settlements of Singapore, Penang and Malacca shall be a body corporate, hereinafter called the Corporation, and shall for the purposes of this Ordinance have the name of “The Bishop of Singapore” and by that name have perpetual succession and shall and may have and use a corporate seal. (2) The said seal may from time to time be broken, changed, altered and made anew, as to the Corporation seems fit. (3) The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may sell, convey, assign, surrender and yield up, mortgage, demise, re-assign, transfer or otherwise dispose of any movable or immovable property vested in the Corporation upon such terms as to the Corporation seem fit and may sue and be sued in respect of such property in all Courts of Justice.


document_id: bso-1911
provision_ref: s3
section: 3
title: Vesting of property held in name of the Bishop of Singapore
content:
3. All immovable property situated in the Settlements of Singapore, Penang and Malacca heretofore conveyed or assigned to or vested in “The Bishop of Singapore”, whether with or without the name of the ecclesiastic for the time being holding the office, is hereby vested in the Corporation for the respective estates and interests for which the same is held.


document_id: bso-1911
provision_ref: s4
section: 4
title: Use of corporate seal
content:
4. —(1) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation in the presence of the Bishop of Singapore for the time being or his attorney duly authorised by a power of attorney deposited under section 48 of the Conveyancing and Law of Property Act 1886 and shall also be signed by the said Bishop for the time being or his attorney so authorised as aforesaid. (2) Such signing shall be and be taken as sufficient evidence that the said seal was duly and properly affixed and that the same is the lawful seal of the Corporation.


document_id: bso-1911
provision_ref: s5
section: 5
title: Notification of appointment of Bishop
content:
5. A notification in the Gazette of the appointment of any person to exercise the office of Bishop of Singapore shall be conclusive evidence that such person was duly authorised to exercise the said office.


document_id: bso-1911
provision_ref: s6
section: 6
title: Saving of Government and other rights
content:
6. Nothing in this Ordinance shall affect the rights of the Government or of any bodies politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. [7/97]


document_id: bta-2004
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “accounting corporation” — ( a ) has the meaning given by section 2(1) of the Accountants Act 2004; and ( b ) includes a company deemed to be an accounting corporation under that Act; [Act 30 of 2022 wef 12/03/2024] “accounting entity” means a public accountant, an accounting corporation, an accounting firm or an accounting limited liability partnership; [Act 30 of 2022 wef 12/03/2024] “accounting firm” — ( a ) has the meaning given by section 2(1) of the Accountants Act 2004; and ( b ) includes a firm deemed to be an accounting firm under that Act; [Act 30 of 2022 wef 12/03/2024] “accounting limited liability partnership” has the meaning given by section 2(1) of the Accountants Act 2004; [Act 30 of 2022 wef 12/03/2024] “accounting records”, in relation to a registered business trust, includes such working papers and other documents as are necessary to explain the methods and calculations by which accounts of the registered business trust are made up; “accounts” means profit and loss accounts, balance sheets and cash flow statements, and includes notes (other than auditors’ reports or directors’ reports) attached to or intended to be read with any of those profit and loss accounts, balance sheets or cash flow statements; “advocate and solicitor” means an advocate and solicitor of the Supreme Court or a foreign lawyer as defined in section 2(1) of the Legal Profession Act 1966; “approved exchange” has the meaning given by section 2(1) of the Securities and Futures Act 2001; “audit committee”, in relation to a registered business trust, means the audit committee of the trustee‑manager of a registered business trust established in accordance with section 15; “Authority” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act 1970; “book” has the meaning given by section 2(1) of the Securities and Futures Act 2001; “business”, in relation to a registered business trust, means the business relating to the trust property of the registered business trust and managed and operated by the trustee‑manager of the registered business trust in its capacity as trustee‑manager of the registered business trust; “business trust” means — ( a ) a trust that is established in respect of any property and that has the following characteristics: (i) the purpose or effect, or purported purpose or effect, of the trust is to enable the unitholders (whether by acquiring any right, interest, title or benefit in the property or any part of the property or otherwise) to participate in or receive profits, income or other payments or returns arising from the management of the property or management or operation of a business; (ii) the unitholders of the trust do not have day‑to‑day control over the management of the property, whether or not they have the right to be consulted or to give directions in respect of such management; (iii) the property subject to the trust is managed as a whole by a trustee or by another person on behalf of the trustee; (iv) the contributions of the unitholders and the profits or income from which payments are to be made to them are pooled; and (v) either — (A) the units in the trust that are issued are exclusively or primarily non-redeemable; or (B) the trust invests only in real estate and real estate-related assets specified by the Authority in the Code on Collective Investment Schemes mentioned in section 284 of the Securities and Futures Act 2001 and is listed on an approved exchange; or ( b ) a class or description of trust that is declared by the Authority, by notice published in the Gazette , to be a business trust for the purposes of this Act, but does not include the types of trusts specified in the Schedule; “chief executive officer”, in relation to the trustee-manager of a registered business trust, means any one or more persons, by whatever name described, who — ( a ) is in the direct employment of, or acting for or by arrangement with, the trustee-manager of the registered business trust; and ( b ) is principally responsible for the management and conduct of the business of the trustee-manager of the registered business trust, or part of the business of the trustee-manager, as the case may be; [Act 30 of 2022 wef 12/03/2024] “company” has the meaning given by section 4(1) of the Companies Act 1967; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “creditor”, in relation to a registered business trust, means a creditor of the trustee‑manager of the registered business trust where the liability owing to the creditor was incurred by the trustee‑manager on behalf of the registered business trust; “debenture” has the meaning given by section 2(1) of the Securities and Futures Act 2001 and, in relation to a registered business trust, means a debenture issued by the trustee‑manager of the registered business trust in its capacity as trustee‑manager of the registered business trust; “deed” means any deed which creates a trust or provides for the governance of the affairs of the trust and the conduct of its business and includes any instrument amending or affecting the deed; “derivative”, in relation to a unit in a business trust, means any right or interest, whether legal or equitable, in the unit in the business trust, by whatever name called, and includes any option to acquire any such right or interest in the unit in the business trust; “director” has the meaning given by section 4(1) of the Companies Act 1967; “document” has the meaning given by section 4(1) of the Companies Act 1967; “electronic communication” has the meaning given by section 4(1) of the Companies Act 1967; “exempt private company” has the meaning given by section 4(1) of the Companies Act 1967; “expert” has the meaning given by section 4(1) of the Companies Act 1967; “financial year”, in relation to a registered business trust, means the period in respect of which any profit and loss account of the registered business trust laid before unitholders of the registered business trust in general meeting is made up, whether that period is a year or not; “liabilities”, in relation to a registered business trust, means the liabilities incurred by the trustee‑manager of the registered business trust on behalf of the registered business trust; “licensed insolvency practitioner” has the meaning given by section 2(1) of the Insolvency, Restructuring and Dissolution Act 2018; “limited liability partnership” has the meaning given by section 4(1) of the Limited Liability Partnerships Act 2005; [Act 30 of 2022 wef 12/03/2024] “liquidator”, in relation to a registered business trust, means the person appointed under section 48(1) to take responsibility for winding up the registered business trust or the Official Receiver when acting as liquidator of the registered business trust; “listed”, in relation to a registered business trust, means a registered business trust that has been admitted to the official list of an approved exchange in Singapore and has not been removed from that official list; [Act 30 of 2022 wef 12/03/2024] “listing rules” has the meaning given by section 2(1) of the Securities and Futures Act 2001; “officer” has the meaning given by section 4(1) of the Companies Act 1967; “Official Receiver” has the meaning given by section 2(1) of the Insolvency, Restructuring and Dissolution Act 2018; “profit or loss”, in relation to a registered business trust, means the profit or loss resulting from operations of that registered business trust; “public accountant” means a person who is registered or deemed to be registered under the Accountants Act 2004 as a public accountant; “registered business trust” means a business trust that is registered by the Authority under section 4(1); “related corporation” has the meaning given by section 4(1) of the Companies Act 1967; “replacement trustee‑manager” means a company that has consented in writing to its election by the unitholders of a registered business trust to replace the resigning trustee‑manager or temporary trustee‑manager (as the case may be) of the registered business trust; “resigning trustee‑manager” means the trustee‑manager of a registered business trust that, in accordance with this Act, proposes to resign, is removed or has resigned from the position of trustee‑manager of the registered business trust; “substantial shareholder” means a person who has a substantial shareholding in a company in accordance with section 81 of the Companies Act 1967; “temporary trustee‑manager” means a company that has been appointed as the temporary trustee‑manager of a registered business trust under section 21; “trust property”, in relation to a business trust, means all property and rights of any kind whatsoever which are held on trust for the unitholders of the business trust, in accordance with the terms of the trust deed, including — ( a ) contributions of money or any other assets to the business trust; ( b ) property that forms part of the assets of the business trust under the provisions of this Act; ( c ) property arising in relation to any contract, agreement or arrangement entered into by or on behalf of the trustee in its capacity as trustee of the business trust; ( d ) property arising in relation to any claims or rights held by or on behalf of the trustee in its capacity as trustee of the business trust; ( e ) proceeds from money borrowed or raised by the trustee of the business trust for the purposes of the business trust; ( f ) property acquired, directly or indirectly, with the contributions or money mentioned in paragraph ( a ), ( b ), ( c ), ( d ) or ( e ) or with the proceeds thereof; and [Act 30 of 2022 wef 12/03/2024] ( g ) profits, income and property derived, directly or indirectly, from contributions, money or property mentioned in paragraph ( a ), ( b ), ( c ), ( d ) or ( e ); “trustee‑manager”, in relation to a registered business trust, includes a replacement trustee‑manager and temporary trustee‑manager; “unit”, in relation to a business trust, means a share in the beneficial ownership in the trust property of the business trust; “unitholder” means a person who holds units in a business trust; [2/2009; 10/2013; 4/2017; 40/2018] [Act 30 of 2022 wef 12/03/2024] “unlisted registered business trust”, for the purposes of sections 63A to 63G, means a registered business trust the units of which are not listed for quotation or quoted on an approved exchange in Singapore or any securities exchange outside Singapore; [Act 30 of 2022 wef 12/03/2024] “VCC” or variable capital company has the meaning given by section 2(1) of the Variable Capital Companies Act 2018. [Act 30 of 2022 wef 12/03/2024]


document_id: bta-2004
provision_ref: s3
chapter: PART 2 - REGISTRATION OF BUSINESS TRUSTS
section: 3
title: Application for registration
content:
3. —(1) The proposed trustee‑manager of a business trust may apply to register the business trust by lodging an application with the Authority in such form and manner as the Authority may prescribe. (2) An application made under subsection (1) must be accompanied — ( a ) by such information or record as the Authority may require; and ( b ) by a prescribed application fee which is non‑refundable and must be paid in such manner as the Authority may specify.


document_id: bta-2004
provision_ref: s4
chapter: PART 2 - REGISTRATION OF BUSINESS TRUSTS
section: 4
title: Registration of business trusts
content:
4. —(1) The Authority may, on an application lodged with it by the proposed trustee‑manager of a business trust in accordance with section 3, register the business trust. (2) The Authority may refuse an application to register a business trust if — ( a ) the Authority is not satisfied that the application lodged has complied with section 3; ( b ) the Authority is not satisfied that the proposed trustee‑manager of the business trust is a company and not an exempt private company; ( c ) the Authority is not satisfied that the proposed trustee‑manager does not carry on any business other than the business of management and operation of the business trust in respect of which the application has been lodged; ( d ) the Authority is not satisfied that the proposed trustee‑manager has — (i) complied with sections 14(1), 15(1), 28(1) and 30(1) (as modified by subsection (6) or pursuant to subsection (7)); and (ii) satisfied any other criteria that the Authority may prescribe; ( e ) the proposed trustee‑manager or any of its substantial shareholders is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere; ( f ) a receiver, a receiver and manager, a judicial manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the proposed trustee‑manager or any of its substantial shareholders; ( g ) the proposed trustee‑manager or any of its substantial shareholders has, whether in Singapore or elsewhere, entered into a compromise or scheme of arrangement with its creditors, being a compromise or scheme of arrangement that is still in operation; ( h ) an enforcement order against the proposed trustee‑manager or any of its substantial shareholders in respect of a judgment debt has been returned unsatisfied in whole or in part; [Act 25 of 2021 wef 01/04/2022] ( i ) the proposed trustee‑manager or any of its substantial shareholders or officers — (i) has been convicted, whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that it, he or she acted fraudulently or dishonestly; or (ii) has been convicted of an offence under this Act; or ( j ) the Authority is of the opinion that it would be contrary to the public interest to register the business trust. (3) Subject to subsection (4), the Authority must not refuse an application to register a business trust under subsection (1) without giving the proposed trustee‑manager of the business trust an opportunity to be heard. (4) The Authority may refuse an application to register a business trust on any of the following grounds without giving the proposed trustee‑manager of the business trust an opportunity to be heard: ( a ) the proposed trustee‑manager is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere; ( b ) a receiver, a receiver and manager, a judicial manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the proposed trustee‑manager; ( c ) the proposed trustee‑manager has been convicted, whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that it had acted fraudulently or dishonestly. (5) The proposed trustee‑manager of any business trust who is aggrieved by the refusal of the Authority to register the business trust under subsection (2) may, within 30 days after it is notified of the decision, appeal to the Minister whose decision is final. (6) For the purpose of determining whether subsection (2) is satisfied in relation to the business trust — ( a ) references in Division 1 of Part 3 and Part 4 to a registered business trust is to be read as including a reference to the business trust mentioned in subsection (1); and ( b ) references in Division 1 of Part 3 and Part 4 to the trustee‑manager of the registered business trust is to be read as including a reference to the proposed trustee‑manager of the business trust. (7) The Authority may prescribe any other modifications to the provisions of Division 1 of Part 3 and Part 4 that may be necessary for their proper application to a proposed trustee‑manager of a business trust that has not yet been registered under this Act.


document_id: bta-2004
provision_ref: s5
chapter: PART 2 - REGISTRATION OF BUSINESS TRUSTS
section: 5
title: Register and notification of change in particulars
content:
5. —(1) The Authority must establish and maintain a register of registered business trusts, and may prescribe the manner in which the register is established or maintained, including the details or particulars required to be entered in the register. (2) Any person may, upon payment of such fee as may be prescribed, inspect and take an extract from the register established under subsection (1), and any such extract, certified by the Authority to be a true copy, is admissible as evidence in any legal proceedings. (3) Where a change occurs in any matter in relation to a registered business trust, particulars of which are required to be entered in the register of registered business trusts under subsection (1), the trustee‑manager of the registered business trust must, not later than 14 days after the occurrence of the change, provide particulars of the change to the Authority in the prescribed form and manner. (4) Any trustee‑manager of a registered business trust which contravenes subsection (3) shall be guilty of an offence.


document_id: bta-2004
provision_ref: s6
chapter: PART 3 - TRUSTEE‑MANAGER
section: 6
title: Trustee‑manager to be company and not to carry on any other business
content:
6. —(1) A person other than a company (not being an exempt private company) must not act as the trustee‑manager of a registered business trust. (2) The business of a registered business trust must be managed and operated only by the trustee‑manager of the registered business trust. (3) The trustee‑manager of a registered business trust must not carry on any business other than the management and operation of the registered business trust as its trustee‑manager. (4) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: bta-2004
provision_ref: s7
chapter: PART 3 - TRUSTEE‑MANAGER
section: 7
title: Secretary
content:
7. —(1) The trustee‑manager of a registered business trust must ensure that its secretary is a person who — ( a ) for at least 3 years in the period of 5 years immediately preceding his or her appointment as secretary, held the office of secretary of a company or trustee‑manager of a registered business trust; ( b ) is a qualified person under the Legal Profession Act 1966, a public accountant, a member of the Singapore Association of the Institute of Chartered Secretaries and Administrators or a member of any other professional association that may be prescribed; or ( c ) is, by virtue of such academic or professional qualifications as may be prescribed, capable of discharging the functions of secretary of the trustee‑manager. (2) Any trustee‑manager of a registered business trust which contravenes subsection (1) shall be guilty of an offence.


document_id: bta-2004
provision_ref: s8
chapter: PART 3 - TRUSTEE‑MANAGER
section: 8
title: Trustee‑manager to operate registered business trust and power to appoint agents
content:
8. —(1) The trustee‑manager of a registered business trust must — ( a ) manage and operate the registered business trust in accordance with the provisions of this Act and the trust deed of the registered business trust; and ( b ) perform the functions conferred on it by the trust deed and the provisions of this Act. (2) Subject to the trust deed of a registered business trust, the trustee‑manager of the registered business trust has power to appoint an agent to carry out or perform any matter that the trustee‑manager is authorised to carry out or perform in connection with the management and operation of the registered business trust. (3) An agent mentioned in subsection (2) may also, with the consent of the trustee‑manager of the registered business trust, appoint an agent (called in this section a sub‑agent) to carry out or perform any matter that the agent has been appointed by the trustee‑manager to carry out or perform and, to avoid doubt, the sub‑agent is deemed to be an agent appointed by the trustee‑manager to carry out or perform that matter for the purposes of that subsection. (4) Where an agent or a sub‑agent appointed under subsection (2) or (3) (as the case may be) is liable to indemnify the trustee‑manager of the registered business trust against any loss or damage suffered by the trustee‑manager as a result of the acts of the agent or sub‑agent, any amount recovered under the indemnity forms part of the trust property of the registered business trust. (5) Any trustee‑manager of a registered business trust which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: bta-2004
provision_ref: s9
chapter: PART 3 - TRUSTEE‑MANAGER
section: 9
title: Use of information and advice
content:
9. —(1) Subject to subsection (2), the trustee‑manager of a registered business trust may, when exercising powers or performing duties as a trustee‑manager, rely on reports, statements, financial data and other information prepared or supplied, and on professional or expert advice given, by a professional adviser or an expert in relation to matters which the trustee‑manager believes on reasonable grounds to be within the person’s professional or expert competence. (2) Subsection (1) applies to the trustee‑manager of a registered business trust only if the trustee‑manager — ( a ) acts in good faith; ( b ) makes proper inquiry where the need for inquiry is indicated by the circumstances; and ( c ) has no knowledge that such reliance is unwarranted.


document_id: bta-2004
provision_ref: s10
chapter: PART 3 - TRUSTEE‑MANAGER
section: 10
title: Duties of trustee‑manager
content:
10. —(1) The trustee‑manager of a registered business trust must at all times act honestly and exercise reasonable diligence in the discharge of its duties as a trustee‑manager in accordance with this Act and the trust deed of the registered business trust. (2) The trustee‑manager of a registered business trust must — ( a ) act in the best interests of all the unitholders of the registered business trust as a whole; and ( b ) give priority to the interests of all the unitholders of the registered business trust as a whole over its own interests in the event of a conflict between the interests of all the unitholders as a whole and its own interests. (3) The trustee‑manager of a registered business trust must not make improper use of its position as the trustee-manager or any information acquired by virtue of its position as trustee‑manager to gain, directly or indirectly, an advantage for itself or for any other person to the detriment of the unitholders of the registered business trust. [Act 30 of 2022 wef 12/03/2024] (4) The trustee‑manager of a registered business trust must hold the trust property of the registered business trust on trust for all the unitholders of the registered business trust as a whole in accordance with the terms of the trust deed. (5) Any trustee‑manager of a registered business trust which contravenes subsection (1), (2), (3) or (4) — ( a ) is liable to all the unitholders of the registered business trust as a whole for any profit or financial gain directly or indirectly made by it or any of its related corporations or for any damage suffered by all the unitholders of the registered business trust as a whole as a result of the contravention; and ( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. (6) The Authority may, by regulations, prescribe requirements on the scope of the duties of the trustee‑manager of a registered business trust.


document_id: bta-2004
provision_ref: s11
chapter: PART 3 - TRUSTEE‑MANAGER
section: 11
title: Duties of directors, officers and agents of trustee‑manager
content:
11. —(1) A director of the trustee‑manager of a registered business trust must — ( a ) act honestly and exercise reasonable diligence in the discharge of the duties of his or her office and, in particular, must take all reasonable steps to ensure that the trustee‑manager discharges its duties under section 10(1) and (2); and ( b ) give priority to the interests of all the unitholders of the registered business trust as a whole over the interests of the trustee‑manager in the event of a conflict between the interests of all the unitholders as a whole and the interests of the trustee-manager. (2) An officer or agent of the trustee‑manager of a registered business trust must not make improper use of his, her or its position as an officer or agent of the trustee-manager or any information acquired by virtue of his, her or its position as an officer or agent of the trustee‑manager to gain, directly or indirectly, an advantage for the officer, agent or any other person to the detriment of the unitholders of the registered business trust. [Act 30 of 2022 wef 12/03/2024] (3) A duty of a director of the trustee‑manager of a registered business trust under subsection (1) overrides any conflicting duty of the director under section 157 of the Companies Act 1967. (4) No civil or criminal proceedings shall lie against a director of the trustee‑manager of a registered business trust for a breach of section 157 of the Companies Act 1967, any fiduciary duty or any other duty under common law in relation to any act or omission to act if such act or omission was required by subsection (1). (5) A director, an officer or an agent of the trustee‑manager of a registered business trust who or which contravenes subsection (1) or (2) — ( a ) is liable to all the unitholders of the registered business trust as a whole for any profit or financial gain directly or indirectly made by the director, officer, agent or the trustee‑manager or any related corporation of the trustee‑manager or for any damage suffered by all the unitholders of the registered business trust as a whole as a result of the contravention; and ( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both. (6) To avoid doubt, no action or proceedings whatsoever may be brought by or on behalf of all or any of the unitholders of a registered business trust against a director of the trustee‑manager of that registered business trust for any breach or alleged breach of the duties imposed by subsections (1) and (2), except to the extent and in the manner provided for under sections 41 and 42. (7) The Authority may, by regulations, prescribe requirements on the scope of the duties of an officer or agent of the trustee‑manager of a registered business trust. (8) In this section — “agent” includes a banker, a solicitor or an auditor of the trustee‑manager and any person who at any time has been a banker, a solicitor or an auditor of the trustee‑manager; “officer” includes a person who at any time has been an officer of the trustee‑manager.


document_id: bta-2004
provision_ref: s12
chapter: PART 3 - TRUSTEE‑MANAGER
section: 12
title: Disclosure of interests in transactions, property, offices, etc.
content:
12. —(1) Subject to this section, every director or chief executive officer of the trustee-manager of a registered business trust (called in this section the director or chief executive officer) who is in any way, whether directly or indirectly, interested in a transaction or proposed transaction entered or to be entered into by the trustee-manager for or on behalf of the registered business trust (called in this section the transaction or proposed transaction) must, as soon as practicable after the relevant facts have come to his or her knowledge — ( a ) declare the nature of his or her interest at a meeting of the directors of the trustee-manager; or ( b ) send a written notice to the trustee-manager containing details on the nature, character and extent of his or her interest in the transaction or proposed transaction. (2) A written notice under subsection (1)( b ) must be given as soon as practicable after — ( a ) the date on which the director or chief executive officer became a director or chief executive officer, as the case may be; or ( b ) if already a director or chief executive officer (as the case may be), the date on which the director or chief executive officer became, directly or indirectly, interested in the transaction or proposed transaction. (3) Despite subsections (1) and (2), where — ( a ) before the appointed day, a chief executive officer had become, directly or indirectly, interested in a transaction or proposed transaction; and ( b ) on the appointed day, the transaction or proposed transaction has not been fully carried out, the chief executive officer must — ( c ) make the declaration under subsection (1)( a ) as soon as practicable on or after the appointed day unless the declaration has been made before that day; or ( d ) give the written notice under subsection (1)( b ) as soon as practicable on or after the appointed day unless the written notice has been given before that day. (4) Where a chief executive officer makes any declaration in accordance with subsection (3)( c ), the chief executive officer is deemed to have made a declaration under subsection (1)( a ) in accordance with subsection (1), and any declaration made under subsection (3)( c ) is to be treated as a declaration given under subsection (1)( a ). (5) Where a chief executive officer gives any written notice in accordance with subsection (3)( d ), the chief executive officer is deemed to have given a written notice under subsection (1)( b ) in accordance with subsection (2), and any written notice given under subsection (3)( d ) is to be treated as a written notice given under subsection (1)( b ). (6) The requirements of subsection (1) do not apply in any case where the interest of the director or chief executive officer consists only of being a member or creditor of a corporation which is interested in a transaction or proposed transaction mentioned in that subsection if the interest of the director or chief executive officer (as the case may be) may properly be regarded as not being a material interest. (7) A director or chief executive officer is not deemed to be interested or to have been at any time interested in the transaction or proposed transaction mentioned in subsection (1) by reason only — ( a ) in the case where the transaction or proposed transaction relates to any loan to the trustee-manager of the registered business trust — that he or she has guaranteed or joined in guaranteeing the repayment of the loan or any part of the loan; or ( b ) in the case where the transaction or proposed transaction has been or will be made with or for the benefit of or on behalf of a related corporation of the trustee-manager of the registered business trust — that he or she is a director or chief executive officer (as the case may be) of the related corporation, and this subsection has effect not only for the purposes of this Act but also for the purposes of any other law, but does not affect the operation of any provision in the trust deed of the registered business trust. (8) A declaration given by a director or chief executive officer under subsection (1)( a ), or a written notice given by a director or chief executive officer under subsection (1)( b ), is to be treated as a sufficient declaration or written notice under those provisions in relation to a transaction or proposed transaction if — ( a ) in the case of a declaration, the declaration is given at a meeting of the directors of the trustee-manager or the director or chief executive officer (as the case may be) takes reasonable steps to ensure that it is brought up and read at the next meeting of the directors of the trustee-manager after it is given; ( b ) the declaration or written notice is to the effect that — (i) he or she is an officer or a member of a specified corporation, a member of a specified firm, or a partner or an officer of a specified limited liability partnership; and (ii) he or she is to be regarded as interested in any transaction which may, after the date of the declaration or written notice, be made with the specified corporation, firm or limited liability partnership; ( c ) the declaration or written notice specifies the nature and extent of his or her interest in the specified corporation, firm or limited liability partnership; and ( d ) at the time the transaction is made, or the proposed transaction is proposed, his or her interest is not different in nature or greater in extent than the nature and extent of the interest specified in the declaration or written notice under paragraph ( c ). (9) Every director and chief executive officer who holds any office or possesses any property whereby, whether directly or indirectly, any duty or interest might be created in conflict with the duties or interests of the trustee-manager in relation to the registered business trust, must — ( a ) declare the fact and the nature, character and extent of the conflict at a meeting of the directors of the trustee-manager; or ( b ) send a written notice to the trustee-manager setting out the fact and the nature, character and extent of the conflict. (10) A declaration under subsection (9)( a ) must be made at the first meeting of the directors of the trustee-manager of a registered business trust held — ( a ) after he or she becomes a director or chief executive officer, as the case may be; or ( b ) if already a director or chief executive officer (as the case may be), after he or she commenced to hold the office or to possess the property. (11) A written notice under subsection (9)( b ) must be given as soon as practicable after — ( a ) the date on which the director or chief executive officer became a director or chief executive officer, as the case may be; or ( b ) if already a director or chief executive officer (as the case may be), after he or she commenced to hold the office or to possess the property. (12) Despite subsections (9), (10) and (11), where — ( a ) before the appointed day, a chief executive officer held any office or possessed any property mentioned in subsection (9); and ( b ) on the appointed day, the chief executive officer continues to hold such office or to possess such property, the chief executive officer must — ( c ) make the declaration under subsection (9)( a ) at the first meeting of the directors of the trustee-manager held on or after the appointed day unless the declaration has been made before that day; or ( d ) give the written notice under subsection (9)( b ) as soon as practicable on or after the appointed day unless the written notice has been given before that day. (13) Where a chief executive officer makes any declaration in accordance with subsection (12)( c ), the chief executive officer is deemed to have made a declaration under subsection (9)( a ) in accordance with subsection (10), and any declaration made under subsection (12)( c ) is to be treated as a declaration given under subsection (9)( a ). (14) Where a chief executive officer gives any written notice in accordance with subsection (12)( d ), the chief executive officer is deemed to have given a written notice under subsection (9)( b ) in accordance with subsection (11), and any written notice given under subsection (12)( d ) is to be treated as a written notice given under subsection (9)( b ). (15) The trustee-manager of a registered business trust must, as soon as practicable after the receipt of the written notice mentioned in subsection (1)( b ) or (9)( b ), send a copy of the written notice to — ( a ) in the case where the written notice is given by a chief executive officer — all the directors of the trustee-manager; or ( b ) in the case where the written notice is given by a director — all the other directors of the trustee-manager. (16) Where a director or chief executive officer declares an interest or a conflict by a written notice mentioned in subsection (1)( b ) or (9)( b ) (respectively) in accordance with this section — ( a ) the making of the declaration is deemed to form part of the proceedings at the next meeting of the directors of the trustee-manager of the registered business trust after the written notice is given; and ( b ) the provisions of section 188 (minutes of proceedings) of the Companies Act 1967 apply as if the declaration had been made at that meeting. (17) The secretary of the trustee-manager of a registered business trust must — ( a ) record every declaration under this section in the minutes of the meeting at which it was made; and ( b ) keep records of every written resolution duly signed and returned to the trustee-manager under this section. (18) The directors of the trustee-manager of a registered business trust must permit a chief executive officer who is not a director to attend a meeting of the board of directors of the trustee-manager where such attendance is necessary for the chief executive officer to make a declaration for the purpose of complying with this section. (19) For the purposes of this section — ( a ) an interest of a member of a director’s family is treated as an interest of the director and the words “member of a director’s family” include the director’s spouse, son, adopted son, stepson, daughter, adopted daughter and stepdaughter; and ( b ) an interest of a member of a chief executive officer’s family is treated as an interest of the chief executive officer and the words “member of the chief executive officer’s family” include the chief executive officer’s spouse, son, adopted son, stepson, daughter, adopted daughter and stepdaughter. (20) Subject to subsection (7), this section is in addition to and not in derogation of the operation of any rule of law or any provision in the trust deed restricting a director or chief executive officer of the trustee-manager of a registered business trust from having any interest in transactions with the trustee-manager in its capacity as the trustee-manager of the registered business trust or from holding offices or possessing properties involving duties or interests in conflict with the duties or interests of the trustee-manager in relation to the registered business trust. (21) Any director or chief executive officer who contravenes subsection (1), (2), (3), (9), (10), (11), (12) or (18) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. (22) In this section, “appointed day” means the date of commencement of section 6 of the Business Trusts (Amendment) Act 2022. [Act 30 of 2022 wef 12/03/2024]


document_id: bta-2004
provision_ref: s13
chapter: PART 3 - TRUSTEE‑MANAGER
section: 13
title: Disclosure and register of directors’ and chief executive officer’s interests
content:
13. —(1) The trustee‑manager of a registered business trust must keep a register showing with respect to each director of the trustee‑manager particulars of — ( a ) units or derivatives of units in the registered business trust, being units or derivatives in which the director has an interest and the nature and extent of that interest; and ( b ) debentures of the registered business trust in which the director has an interest and the nature and extent of that interest. (1A) The trustee-manager of a registered business trust must keep a register showing with respect to each chief executive officer of the trustee-manager particulars of — ( a ) units or derivatives of units in the registered business trust, being units or derivatives in which the chief executive officer has an interest and the nature and extent of that interest; and ( b ) debentures of the registered business trust in which the chief executive officer has an interest and the nature and extent of that interest. [Act 30 of 2022 wef 12/03/2024] (2) The trustee‑manager of a registered business trust must, within 3 days after receiving any notice from a director or chief executive officer under subsection (8) or section 137N(1) of the Securities and Futures Act 2001, enter in its register in relation to the director or chief executive officer (as the case may be) the particulars in subsection (1) or (1A) (as the case may be), including — ( a ) the number and description of units or derivatives of units in a registered business trust and debentures of a registered business trust, in which the director or chief executive officer (as the case may be) has an interest; [Act 30 of 2022 wef 12/03/2024] ( b ) in respect of units or derivatives of units in a registered business trust or debentures of a registered business trust, acquired after he or she became a director or chief executive officer (as the case may be) — (i) the price or other consideration for the transaction (if any) by reason of which an entry is required to be made under this subsection; and (ii) the date of the agreement for the transaction and the date of completion of the transaction; or where there was no transaction, the date of the occurrence of the event by reason of which an entry is required to be made under this subsection; and [Act 30 of 2022 wef 12/03/2024] ( c ) particulars of any change in respect of the particulars mentioned in paragraphs ( a ) and ( b ), including the consideration (if any) received as a result of the event giving rise to the change. [2/2009] [Act 30 of 2022 wef 12/03/2024] [Act 30 of 2022 wef 12/03/2024] (2A) Subsection (2) does not apply to a trustee-manager of a registered business trust in relation to any notice received by the trustee-manager before the appointed day, from a person in the person’s capacity as a chief executive officer, under section 137N(1) of the Securities and Futures Act 2001. [Act 30 of 2022 wef 12/03/2024] (2B) Where — ( a ) before the appointed day, the trustee-manager of a registered business trust had received any notice under section 137N(1) of the Securities and Futures Act 2001 from a person in the person’s capacity as a chief executive officer; and ( b ) on the appointed day, the person is a chief executive officer of the trustee-manager, the trustee-manager must enter in its register in relation to the chief executive officer, within 14 days after the appointed day — ( c ) the particulars of units or derivatives of units in the registered business trust and debentures of the registered business trust, in which the chief executive officer has an interest immediately prior to the appointed day; and ( d ) the nature and extent of that interest, including the number and description of the units or derivatives of units in the registered business trust and debentures of the registered business trust. [Act 30 of 2022 wef 12/03/2024] (3) The trustee‑manager of a registered business trust must make the register available for public inspection at the registered office of the trustee‑manager without charge. (4) A person may request the trustee‑manager of a registered business trust to provide the person with a copy of its register or any part of the register on payment in advance of a sum of $1 or any lesser sum that the trustee‑manager requires for every page or part of a page required to be copied, and the trustee‑manager must send the copy to that person within 21 days after the day on which the trustee‑manager receives the request. (5) The trustee‑manager of a registered business trust must, at the direction of the Authority, send to the Authority within such time as may be specified by the Authority a copy of its register or any part of the register. (6) The trustee‑manager of a registered business trust must produce its register at the commencement of each annual general meeting of the unitholders of the registered business trust and keep it open and accessible during the meeting to all persons attending the meeting. (7) It is a defence to a prosecution for failing to comply with subsection (1), (1A), (2) or (2B) in respect of particulars relating to a director or chief executive officer of the trustee‑manager of a registered business trust if the defendant proves that the failure was due to the failure of the director or chief executive officer to comply with subsection (8) or (as the case may be) section 137N(1) of the Securities and Futures Act 2001 with respect to those particulars. [2/2009] [Act 30 of 2022 wef 12/03/2024] (8) In accordance with subsections (9), (9A) and (9B), every director and chief executive officer of the trustee‑manager of a registered business trust must give written notice to the trustee‑manager of — ( a ) particulars relating to his or her units or derivatives of units in the registered business trust, or debentures of the registered business trust; and ( b ) particulars of any change in respect of the particulars mentioned in paragraph ( a ), as are necessary for the purposes of compliance by the trustee‑manager with subsections (1), (1A) and (2). [Act 30 of 2022 wef 12/03/2024] (9) A notice under subsection (8) must be given — ( a ) in the case of a notice under paragraph ( a ) of that subsection, within 2 business days after the later of the following dates: (i) the date on which the director became a director of the trustee-manager of a registered business trust or the chief executive officer became a chief executive officer of the trustee-manager, as the case may be; (ii) the date on which the director or chief executive officer (as the case may be) became a unitholder of the registered business trust or acquired an interest in the units or derivatives of units in the registered business trust or debentures of the registered business trust; and [Act 30 of 2022 wef 12/03/2024] ( b ) in the case of a notice under paragraph ( b ) of that subsection, within 2 business days after the occurrence of the event giving rise to the change mentioned in that paragraph. (9A) Subsection (9) does not apply to a chief executive officer of the trustee-manager of a registered business trust in respect of — ( a ) any acquisition of a unit in the registered business trust, or an interest in a unit or derivative of a unit in the registered business trust or a debenture of the registered business trust, that takes place before the appointed day; and ( b ) any change in respect of the particulars mentioned in subsection (8)( a ), where the event giving rise to the change takes place before the appointed day. [Act 30 of 2022 wef 12/03/2024] (9B) Where — ( a ) before the appointed day, a chief executive officer of the trustee-manager of a registered business trust had become a unitholder of the registered business trust or acquired an interest in the units or derivatives of units in the registered business trust or debentures of the registered business trust; and ( b ) on the appointed day, the chief executive officer continues to hold such units or interests, a notice under subsection (8)( a ) must be given within 14 days after the appointed day, unless such notice had been given before that day. [Act 30 of 2022 wef 12/03/2024] (10) The trustee‑manager of a registered business trust must, within 7 days after it receives a notice given under subsection (8), send a copy of the notice to each of the other directors and chief executive officers of the trustee‑manager. [Act 30 of 2022 wef 12/03/2024] (11) It is a defence to a prosecution for failing to comply with subsection (8)( a ) or ( b ), (9) or (9B) if the defendant proves that his or her failure was due to his or her not being aware of a fact or occurrence the existence of which was necessary to constitute the offence and that — ( a ) he or she was not so aware on the date of the information or summons; or ( b ) he or she became so aware less than 2 days before the date of the summons. [Act 30 of 2022 wef 12/03/2024] (12) For the purposes of subsection (11), a person is conclusively presumed to have been aware at a particular time of a fact or occurrence — ( a ) of which he or she would, if he or she had acted with reasonable diligence in the conduct of his or her affairs, have been aware at that time; or ( b ) of which an employee or agent of the person, being an employee or agent having duties or acting in relation to his or her employer’s or principal’s interest in units or derivatives of units in the registered business trust or debentures of the registered business trust, was aware or would, if the employee or agent had acted with reasonable diligence in the conduct of the employer’s or principal’s affairs, have been aware at that time. (13) [ Deleted by Act 30 of 2022 wef 12/03/2024 ] (14) For the purposes of this section, a director or chief executive officer of the trustee‑manager of a registered business trust is deemed to have an interest in units or derivatives of units in the registered business trust or debentures of the registered business trust (as the case may be) if that director or chief executive officer (as the case may be) is deemed to have an interest in the units, derivatives of units or debentures (as the case may be) under section 4 of the Securities and Futures Act 2001. [Act 30 of 2022 wef 12/03/2024] (15) For the purposes of this section — ( a ) an interest of a member of a director’s family is treated as an interest of the director and the words “member of a director’s family” include the director’s spouse, son, adopted son, stepson, daughter, adopted daughter and stepdaughter; and ( b ) an interest of a member of a chief executive officer’s family is treated as an interest of the chief executive officer and the words “member of the chief executive officer’s family” include the chief executive officer’s spouse, son, adopted son, stepson, daughter, adopted daughter and stepdaughter. [Act 30 of 2022 wef 12/03/2024] (16) Any director or chief executive officer of the trustee‑manager of a registered business trust who contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. [Act 30 of 2022 wef 12/03/2024] (17) Any trustee‑manager of a registered business trust which contravenes subsection (1), (1A), (2), (2B), (3), (4), (5), (6) or (10) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction. [Act 30 of 2022 wef 12/03/2024] (18) Subsections (8) to (15) do not apply in respect of a registered business trust — ( a ) all or any of the units of which are listed for quotation on the official list of an approved exchan


document_id: bta-2004
provision_ref: s14
chapter: PART 3 - TRUSTEE‑MANAGER
section: 14
title: Composition of board
content:
14. —(1) The trustee‑manager of a registered business trust must ensure that the composition of its board of directors complies with such requirements as may be prescribed by the Authority. (2) Any trustee‑manager of a registered business trust which contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: bta-2004
provision_ref: s15
chapter: PART 3 - TRUSTEE‑MANAGER
section: 15
title: Audit committees
content:
15. —(1) The trustee‑manager of a registered business trust must establish an audit committee in accordance with such requirements as may be prescribed by the Authority, including requirements in respect of the composition of an audit committee. (2) The audit committee and every member of the audit committee must comply with such requirements as may be prescribed by the Authority, including requirements in respect of the duties and functions of an audit committee. (3) Every director of the trustee‑manager of a registered business trust must take all reasonable steps to secure compliance by the audit committee of the trustee‑manager and every member of the audit committee (as the case may be) with subsection (2). (4) Any trustee‑manager of a registered business trust which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. (5) If any director of the trustee‑manager of a registered business trust — ( a ) fails to take all reasonable steps to secure the compliance by the audit committee of the trustee‑manager or any member of the audit committee with subsection (2); or ( b ) has by his or her own wilful act been the cause of any contravention of subsection (2) by the audit committee of the trustee‑manager or any member of the audit committee, he or she shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: bta-2004
provision_ref: s16
chapter: PART 3 - TRUSTEE‑MANAGER
section: 16
title: Acquisition of interest in registered business trust by trustee‑manager
content:
16. —(1) The trustee‑manager of a registered business trust must not acquire or hold any unit or derivative of any unit in the registered business trust unless it acquires or holds the unit or derivative — ( a ) for not less than the consideration that would be payable if the unit or derivative of the unit were acquired by another person; and ( b ) subject to terms and conditions that would not disadvantage other unitholders of the registered business trust. (2) A person must not aid, abet or assist the contravention of subsection (1) by the trustee‑manager of a registered business trust. (3) Any person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000.


document_id: bta-2004
provision_ref: s17
chapter: PART 3 - TRUSTEE‑MANAGER
section: 17
title: Liquidator of trustee‑manager entitled to exercise indemnity rights
content:
17. If the trustee‑manager of a registered business trust is being wound up, is under judicial management or receivership or has executed a deed of company arrangement that has not terminated — ( a ) any provision of the trust deed of the registered business trust or of another instrument which purports to deny the trustee‑manager a right to be indemnified out of the trust property of the registered business trust that the trustee‑manager would have had if it were not being wound up, under judicial management or receivership or if it had not executed a deed of company arrangement (as the case may be) is void against the liquidator, judicial manager or receiver of the trustee‑manager or the executor of the deed of company arrangement, as the case may be; and ( b ) any right of the trustee‑manager to be indemnified out of the trust property of the registered business trust is to be exercised by the liquidator, judicial manager or receiver of the trustee‑manager or the executor of the deed of company arrangement, as the case may be. Division 2 &#x2014; Change of trustee‑manager


document_id: bta-2004
provision_ref: s18
chapter: PART 3 - TRUSTEE‑MANAGER
section: 18
title: Changes to take effect upon date of appointment
content:
18. —(1) Despite any provision in this Division, a person named as the trustee‑manager of a registered business trust in the register which is maintained by the Authority in accordance with section 5 must remain the trustee‑manager or temporary trustee‑manager (as the case may be) until another person is appointed — ( a ) by the unitholders of the registered business trust to be the trustee‑manager of the registered business trust; or ( b ) by the court under section 21(1) to be the temporary trustee‑manager of the registered business trust, and such appointment is effective from the date stated in the resolution of the unitholders or court order as the effective date of the appointment of the trustee‑manager or temporary trustee‑manager, as the case may be. (2) Any purported change of the trustee‑manager of the registered business trust is ineffective unless it is made in accordance with this Division.


document_id: bta-2004
provision_ref: s19
chapter: PART 3 - TRUSTEE‑MANAGER
section: 19
title: Resignation of trustee‑manager
content:
19. —(1) The trustee‑manager of a registered business trust may resign from its position as trustee‑manager only in accordance with such requirements and in such manner as the Authority may prescribe. (2) The trustee‑manager of a registered business trust must, until its resignation in accordance with subsection (1) becomes effective, continue to observe, and be liable for the failure to observe, the duties and responsibilities assigned to it under this Act and the trust deed of the registered business trust. (3) Any trustee‑manager of a registered business trust which contravenes subsection (1) shall be guilty of an offence.


document_id: bta-2004
provision_ref: s20
chapter: PART 3 - TRUSTEE‑MANAGER
section: 20
title: Removal of trustee-manager by unitholders
content:
20. —(1) Despite any provision in the trust deed of a registered business trust, the trustee-manager of a registered business trust may be removed as the trustee-manager by the unitholders of the registered business trust only if both of the following conditions are satisfied: ( a ) a resolution to remove the trustee-manager is approved by the unitholders holding in the aggregate a majority of the voting rights of all the unitholders of the registered business trust who, being entitled to do so, vote in person or where proxies are allowed, by proxy present at a meeting of the unitholders of the registered business trust; ( b ) the removal is in accordance with such procedures as the Authority may prescribe. (2) Any provision in the trust deed of a registered business trust is void insofar as it would have the effect — ( a ) of allowing the removal of a trustee-manager of a registered business trust as the trustee-manager by the unitholders of the registered business trust if a resolution to remove the trustee-manager is approved by the unitholders holding in the aggregate less than a majority of the voting rights of all the unitholders of the registered business trust who, being entitled to do so, vote in person or where proxies are allowed, by proxy present at a meeting of the unitholders of the registered business trust; ( b ) of not allowing the removal of a trustee-manager of a registered business trust as the trustee-manager by the unitholders of the registered business trust even if a resolution to remove the trustee-manager is approved by the unitholders holding in the aggregate a majority of the voting rights of all the unitholders of the registered business trust who, being entitled to do so, vote in person or where proxies are allowed, by proxy present at a meeting of the unitholders of the registered business trust; or ( c ) of allowing the removal of a trustee-manager of a registered business trust as the trustee-manager by the unitholders of the registered business trust in accordance with any procedure other than as prescribed by the Authority for the purposes of subsection (1)( b ). [Act 30 of 2022 wef 12/03/2024]


document_id: bta-2004
provision_ref: s21
chapter: PART 3 - TRUSTEE‑MANAGER
section: 21
title: Appointment of temporary trustee‑manager by court
content:
21. —(1) On an application by the Authority or the trustee‑manager or a unitholder of a registered business trust, the court may, by order, appoint a company that has consented in writing to serve as a temporary trustee‑manager to be the temporary trustee‑manager of the registered business trust for a period of 3 months if the court is satisfied that the appointment is in the interest of the unitholders of the registered business trust. (2) The company that is appointed by the court under subsection (1) to act as the temporary trustee‑manager of a registered business trust must comply with the duties, obligations and any other requirements imposed under this Act and as may be prescribed by the Authority with respect to the trustee‑manager of a registered business trust. (3) Despite subsection (2), the court may exempt the temporary trustee‑manager of a registered business trust from sections 6, 14 and 15. (4) The court may make any further orders in respect of the appointment of a temporary trustee‑manager under subsection (1) that it thinks necessary to protect the interests of the unitholders of the registered business trust, including an order to reimburse the costs of the application out of the trust property of the registered business trust to the person who made the application under that subsection. (5) Upon the making of an order by the court appointing a company as the temporary trustee‑manager of a registered business trust, the resigning trustee‑manager of the registered business trust and that appointed temporary trustee‑manager must comply with such requirements as the Authority may prescribe. (6) Any trustee‑manager of a registered business trust which contravenes subsection (5) shall be guilty of an offence.


document_id: bta-2004
provision_ref: s22
chapter: PART 3 - TRUSTEE‑MANAGER
section: 22
title: Temporary trustee‑manager to take steps for appointment of new trustee‑manager
content:
22. —(1) The temporary trustee‑manager of a registered business trust must, within such time and in accordance with such requirements as may be prescribed by the Authority, take such steps to enable the unitholders of the registered business trust to appoint another person as the trustee‑manager (not being a temporary trustee‑manager) of the registered business trust. (2) Any temporary trustee‑manager of a registered business trust which contravenes subsection (1) shall be guilty of an offence. Division 3 &#x2014; Consequences of change of trustee‑manager


document_id: bta-2004
provision_ref: s23
chapter: PART 3 - TRUSTEE‑MANAGER
section: 23
title: Resigning trustee‑manager to hand over books and provide reasonable assistance
content:
23. —(1) The resigning trustee‑manager of a registered business trust must, as soon as practicable after the appointment of the replacement trustee‑manager or the temporary trustee‑manager (as the case may be) of the registered business trust — ( a ) give the replacement trustee‑manager or temporary trustee‑manager (as the case may be) any books which are in the possession or control of the resigning trustee‑manager and which this Act or the trust deed of the registered business trust requires to be kept in relation to the registered business trust; and ( b ) give reasonable assistance to the replacement trustee‑manager or temporary trustee‑manager (as the case may be) to facilitate the change of trustee‑manager of the registered business trust. (2) Any person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.


document_id: bta-2004
provision_ref: s24
chapter: PART 3 - TRUSTEE‑MANAGER
section: 24
title: Rights, obligations and liabilities of resigning trustee‑manager
content:
24. —(1) Any — ( a ) legal right in, title to and interest under any trust property of a registered business trust owned, leased, held or used by a resigning trustee‑manager for or on behalf of the registered business trust; and ( b ) obligations and liabilities of the resigning trustee‑manager undertaken for or on behalf of the registered business trust, must be transferred to and vested in, and assumed by, the replacement trustee‑manager or the temporary trustee‑manager of the registered business trust to be held for or on behalf of the registered business trust from the effective date of appointment of the replacement trustee‑manager or temporary trustee‑manager, as the case may be. (2) Despite subsection (1), the following rights, obligations and liabilities remain the rights, obligations and liabilities of the resigning trustee‑manager of a registered business trust: ( a ) any right of the resigning trustee‑manager to be paid fees for the performance of its functions before it ceased to be the trustee‑manager of the registered business trust; ( b ) any right of the resigning trustee‑manager to be indemnified for expenses it had incurred before it ceased to be the trustee‑manager of the registered business trust; ( c ) any right, obligation or liability that the resigning trustee‑manager had or continues to have as a unitholder of the registered business trust; and ( d ) any liability in respect of which the resigning trustee‑manager would have had no claim of indemnification out of the trust property of the registered business trust if it had remained the trustee‑manager of the registered business trust.


document_id: bta-2004
provision_ref: s25
chapter: PART 3 - TRUSTEE‑MANAGER
section: 25
title:
Effect of change of trustee‑manager on documents, etc., to which resigning trustee‑manager is a party

content:
25. —(1) Any document or agreement entered into by the resigning trustee‑manager of a registered business trust on behalf of the registered business trust — ( a ) to which the resigning trustee‑manager is a party, in which a reference is made to the resigning trustee‑manager or under which the resigning trustee‑manager has acquired or incurred any right, obligation or liability or might have acquired or incurred any right, obligation or liability if it had remained the trustee‑manager of the registered business trust; and ( b ) that is capable of having effect after the appointment of the replacement trustee‑manager or the temporary trustee‑manager of the registered business trust, as the case may be, has effect, from the effective date of appointment of the replacement trustee‑manager or temporary trustee‑manager under section 18 (as the case may be) as if the replacement trustee‑manager or temporary trustee‑manager, as the case may be, (and not the resigning trustee‑manager) were a party to it, were referred to in it or had or might have acquired or incurred the right, obligation or liability under it. (2) Subsection (1) does not apply to any right, obligation or liability that remains the right, obligation or liability of the resigning trustee‑manager by virtue of section 24(2). Division 4 &#x2014; Written directions


document_id: bta-2004
provision_ref: s26
chapter: PART 3 - TRUSTEE‑MANAGER
section: 26
title: Power of Authority to issue directions to trustee‑manager or temporary trustee‑manager
content:
26. —(1) The Authority may — ( a ) for the purpose of ensuring compliance with the provisions of this Act; or ( b ) if it thinks it necessary in the public interest for the proper administration of this Act, issue written directions, either of a general or specific nature, to the trustee‑manager or temporary trustee‑manager of a registered business trust. (2) Without limiting subsection (1), the Authority may issue written directions — ( a ) where the trustee‑manager or temporary trustee‑manager of a registered business trust is contravening, is likely to contravene or has contravened any provision of this Act, to require that person — (i) to comply with that provision or to cease contravention of that provision; or (ii) to resign as trustee‑manager of the registered business trust; or ( b ) with respect to any other matter which the Authority considers necessary for the proper administration of this Act, and the trustee‑manager or temporary trustee‑manager must comply with any such directions. (3) The Authority may at any time vary, rescind or revoke any written direction issued under this section. (4) Any trustee‑manager or temporary trustee‑manager of a registered business trust which contravenes any written direction issued under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction. (5) It is not necessary to publish any written direction issued under this section in the Gazette . [10/2013] Division 5 &#x2014; Indemnification


document_id: bta-2004
provision_ref: s27
chapter: PART 3 - TRUSTEE‑MANAGER
section: 27
title: Provisions protecting officers of trustee-manager from liability
content:
27. —(1) Any provision (whether in the trust deed of a registered business trust, in any contract entered into by the trustee-manager of a registered business trust or its officer or whenever and however arising) that purports to exempt an officer of the trustee-manager (to any extent) from any liability that would otherwise attach to the officer in connection with any negligence, default, breach of duty or breach of trust in relation to the registered business trust is void. (2) Any provision (whether in the trust deed of a registered business trust, in any contract entered into by the trustee-manager of a registered business trust or its officer or whenever and however arising) by which the trustee-manager directly or indirectly provides an indemnity (to any extent) for an officer of the trustee-manager against any liability attaching to him or her in connection with any negligence, default, breach of duty or breach of trust in relation to the registered business trust is void, except as permitted by subsection (3) or section 27A. (3) Subsection (2) does not prevent the trustee-manager of a registered business trust from purchasing and maintaining for an officer of the trustee-manager insurance against any liability mentioned in that subsection. [Act 30 of 2022 wef 12/03/2024]


document_id: bta-2004
provision_ref: s27A
chapter: PART 3 - TRUSTEE‑MANAGER
section: 27A
title: Third party indemnity
content:
27A. —(1) Section 27(2) does not apply where the provision for indemnity is against liability incurred by the officer to a person other than the trustee-manager in its capacity as trustee-manager of the registered business trust, except when the indemnity is against — ( a ) any liability of the officer to pay — (i) a fine in criminal proceedings; or (ii) a sum payable to a regulatory authority by way of a penalty in respect of non-compliance with any requirement of a regulatory nature (however arising); or ( b ) any liability incurred by the officer — (i) in defending criminal proceedings in which he or she is convicted; (ii) in defending civil proceedings brought by the trustee-manager of the registered business trust or a related corporation of the trustee-manager in which judgment is given against him or her; or (iii) in connection with an application for relief under section 105 in which the court refuses to grant him or her relief. (2) The references in subsection (1)( b ) to a conviction, judgment or refusal of relief are references to the final decision in the proceedings. (3) For the purposes of subsection (2) — ( a ) a conviction, judgment or refusal of relief becomes final — (i) if it is not appealed against — at the end of the period for bringing an appeal; or (ii) if it is appealed against — at the time when the appeal (or any further appeal) is disposed of; and ( b ) an appeal (or further appeal) is disposed of — (i) if it is determined and there is no right of further appeal, or if there is a right of further appeal, the period for bringing any further appeal has ended; or (ii) if it is abandoned or otherwise ceases to have effect. [Act 30 of 2022 wef 12/03/2024]


document_id: bta-2004
provision_ref: s27B
chapter: PART 3 - TRUSTEE‑MANAGER
section: 27B
title: Exception for expenditure on defending proceedings, etc.
content:
27B. —(1) Despite sections 162 and 163 of the Companies Act 1967, and if it is done on the terms provided in subsection (2), a trustee-manager of a registered business trust may — ( a ) provide a director of the trustee-manager with funds by way of any loan to meet expenditure incurred or to be incurred by the director — (i) in defending any criminal or civil proceedings in connection with any alleged negligence, default, breach of duty or breach of trust by him or her in relation to the registered business trust; or (ii) in connection with an application for relief under section 105; or ( b ) enable any such director to avoid incurring such expenditure. (2) The terms mentioned in subsection (1) are — ( a ) that the loan is to be repaid, or (as the case may be) any liability of the registered business trust incurred under any transaction connected with the thing done is to be discharged, in the event of — (i) the director being convicted in the proceedings; (ii) judgment being given against him or her in the proceedings; or (iii) the court refusing to grant him or her relief on the application; and ( b ) that the loan is to be repaid or discharged not later than 14 days after — (i) the date when the conviction becomes final; (ii) the date when the judgment becomes final; or (iii) the date when the refusal of relief becomes final. (3) For the purposes of this section — ( a ) a conviction, judgment or refusal of relief becomes final — (i) if it is not appealed against — at the end of the period for bringing an appeal; or (ii) if it is appealed against — when the appeal (or any further appeal) is disposed of; ( b ) an appeal or further appeal is disposed of — (i) if it is determined and there is no right of further appeal, or if there is a right of further appeal, the period for bringing any further appeal has ended; or (ii) if it is abandoned or otherwise ceases to have effect; and ( c ) a reference to the repayment of a loan includes the payment of any interest which is chargeable under the terms on which the loan was given. [Act 30 of 2022 wef 12/03/2024]


document_id: bta-2004
provision_ref: s27C
chapter: PART 3 - TRUSTEE‑MANAGER
section: 27C
title: Exception for expenditure in connection with regulatory action or investigation
content:
27C. Section 27 of this Act and sections 162, 163 and 172 of the Companies Act 1967 do not apply to anything done by a trustee-manager of a registered business trust — ( a ) to provide a director of the trustee-manager of a registered business trust with funds by way of any loan to meet expenditure incurred or to be incurred by the director in defending himself or herself — (i) in an investigation by a regulatory authority; or (ii) against any action proposed to be taken by a regulatory authority, in connection with any alleged negligence, default, breach of duty or breach of trust by the director in relation to the registered business trust; or ( b ) to enable any such director to avoid incurring such expenditure. [Act 30 of 2022 wef 12/03/2024]


