13 Strata Titles Board

13 Strata Titles Board - for exams, qn of litigious nature (the second party of strata titles) not reqd BUT need to know stuff about collective sales and when it may be cancelled.

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Constituted under Part VI of the Building Maintenance & Strata Management Act (No. 47 of 2004) effective 1st Apr 2005 o earlier act repealed Regulated by the Strata Titles Board Regulations Function is to hear applications o for Orders for collective sales under part VA of the LTSA o relating to disputes or matters arising in respect of the strata units or the strata development including the common property. For more information, please refer to the STB’s website at: http://www.mnd.gov.sg/stb/ See procedure for collective sales and all forms tt u need

Composition of the STB • President (legally qualified) • Up to 3 Deputy President/s (legally qualified) • Registrar of the STB • When an application is made under Part VA of LTSA, STB will be constituted o President Or Deputy President to preside over board o + 2 panel members OR 4 panel members o total no 3 or 5 odd no – why? – voting: maj wins ->> Members are drawn from panel or not more than 30 members with vast range of experience if collective sale, not impt to draw them fr engineers/surveyors backgrd A) COLLECTIVE SALES see land titles strata act • To successfully obtain an order, the applicants must o Qualify to apply under Ss84A(1), 84D(2) or 84E(3) o Meet the procedural requirements under the 4th schedule LTSA. Please note the STB Registrar’s Circular 1/2004 o Meet the legal requirements under  S84A(7) & (9)  S84D(5) & (7)  S84E(7) & (9) Collective / En-bloc Sales WHAT IS A COLLECTIVE SALE? A collective sale (or more commonly termed en-bloc sale), is a combined sale by the owners of 2 or more property units to a common purchaser. - The most common en-bloc sale is the sale of all the units in a strata or flatted development to a purchaser. The sale proceeds are then divided amongst all the unit owners. Other variations of en-bloc sales include the sale of all units in a development together with an adjoining development or landed properties. Substantial requirements for collective sale: i) S.84A : Strata title plan (a) share value of land = also determines how much maintenance to pay + voting power. (b) For development more than 10yrs old = from latest TOP. (i) Subsidiary proprietors who own 80% = can make application, call resolutions. (ii) (c) For development less than 10 yrs from latest TOP (i) Subsidiary proprietors who own 90%.= of share value ii) must state methods of allocation of sale proceeds. iii) 3 or less representative to make application to STB.

iv)

STB is duty bound: (a) to make sure that transaction is in good faith even though there is no challenge (b) bona fide :s.84A(9) Only these 3 factors: (i) sale price (ii) method of distribution (iii) relationship between buyer and subsidiary proprietor

Procedural requirements • STB comprises 5 persons • To successfully obtain an order, the applicants must 1. Qualify to apply under S84A, 84D or 84E 2. Meet the procedural requirements under the 4th schedule LTSA. 3. Meet the legal requirements under S84A(7) & (9); S84D(5) & (7); S84E(7) & (9)

Index of forms for matters under Part VI of the Building Maintenance And Strata Management Act Part VA of the Land Titles (Strata) Act Building Maintenance And Strata Management (Strata Titles Boards) Regulations

Form No. 1 1A

Type Of Form Application for Collective Sale Order Affidavit of Service

2

Application for Order under S84C

3

Application for Order under S84C read with S84D/E

4

Objection filed under S84A/D/E by an Individual

5

Objection filed under S84A/D/E by a Company

6

Notice of Proposed Collective Sale Application to Majority Owners and their Encumbrancers and, where relevant, to the Owner of the Land (Reversion)

7

Notice of Proposed Collective Sale Application to Minority and their Encumbrancers

8

Application for Order under Part VI by an Individual or a Company

9

Application for Order under Part VI by a Management Corporation

10

Order by a Strata Titles Board

10A

Interim Order by a Strata Titles Board

10B

Order by Registrar, Strata Titles Board

11

Interlocutory Application to Amend Application or Other Document furnished to a Board

12

Interlocutory Application to Registrar for Order other than Amendment of Application or Document furnished to a Board

13

Notice of Objection to Interlocutory Application

14

Application for Review of Registrar's Order

Qualify to apply under Ss84A, 84D or 84E 1. Strata developments registered under the Land Titles (Strata) Act; [Section 84A] Strata or flat developments where the owners of the flats also own a share in the land and the leases for their flats are registered under the Registration of Deeds Act or the Land Titles Act; and [Section 84D] 3. Strata or flat developments where the owners of the flats own a registered leasehold estate of 999 years or more (or such other leasehold period as the Minister may specify) but they do not own the land in the development. The leases for the flats may be registered under the Registration of Deeds Act or the Land Titles Act. [Section 84E] As there are no share values or shares in land assigned to flats in such developments, the owners of at least 25% of the total number of flats in the development must apply to the Registrar of Titles for notional shares in land to be assigned to their individual flats to facilitate calculation of the majority agreement. [Section 84E(2)] 2.

Meet the procedural requirements under the 4th schedule LTSA. WHAT ARE THE STEPS WHICH THE MAJORITY OWNERS MUST TAKE BEFORE SUBMITTING AN APPLICATION? 1. Hold at least one Extraordinary General Meeting to consider the en bloc sale. [4th Sch. Para. 1(a)] 2. Appoint not more than 3 owners to represent the majority owners in connection with the application. [Section 84A(3)] 3. Obtain a valuation report for the whole development which must not be more than 3 months old when the application is made. [4th Sch. Para. 1(c)] 4. Obtain a report by a valuer on the proposed method of distributing the sale proceeds. [4th Sch. Para. 1(c)] 5. Advertise the particulars of the proposed application in the local newspapers, as approved by the Board, in the 4 official languages. [4th Sch. Para. 1(b)] The advertisement must include: (i) information on the development; (ii) the names of all the unit owners and their addresses, unit addresses and their strata lot numbers, if any; (iii) the names of the mortgagees, chargees and other persons with an estate or interest in the units; (iv) brief details of the sale proposal; and (v) the place at which the relevant parties can inspect the documents for the en-bloc sale.

6.

7.

(i) (ii) (iii) (iv) (v) (vi)

[4th Sch. Para. 3] Prepare the application to be made to the Board. A copy of the application form may be obtained from the Land Titles (Strata Titles Boards) Regulations 1999 or downloaded from this website. The form is also available at the office of the Strata Titles Boards at 45 Maxwell Road #01-11, East Wing, The URA Centre, Singapore 069118 (Tel: 3251586, Fax: 3251607). Serve a notice of the proposed application ("the notice") to all the owners of the units by registered post and by placing a copy under the main door of every unit and to the mortgagee, chargee or other person (other than a lessee) with an estate or interest in the unit and whose interest is notified on the land register for the unit by registered post. [For the address of service by registered post, please see paragraph 10] The notice must include a copy of:

the advertisement referred to in paragraph 5 above; the sale and purchase agreement; a statutory declaration made by the purchaser on his relationship, if any, to the unit owners; the valuation report referred to in paragraph 3 above; the report by a valuer on the proposed method of distributing the sale proceeds referred to in paragraph 4 above; and the minutes of the extraordinary meeting referred to in paragraph 1 above. [Section 84A(4), 84D(3) and 84E(5) 4th Sch. Para. 1(c)] 8. Affix a copy of the notice on the main door of the units whose owners have not agreed in writing to the sale. [4th Sch. Para. 1(d)] 9. Affix a copy of the notice, in the 4 official languages, to a conspicuous part of each building in the development. [4th Sch. Para. 1(e)] 10. The notice to be served by registered post shall be served on a party:

(i) (ii) (iii)

(iv)

where the party is an owner of a unit registered under the Land Titles (Strata) Act, at the address as shown on the strata roll; where the party is an owner of a unit not registered under the Land Titles (Strata) Act, at the last recorded address at the Singapore Land Registry; where the party is a mortgagee, chargee or other person with an estate and interest in the unit whose interest is notified on the land register, at the address on the strata roll or last recorded address at the Singapore Land Registry; and where the party is a management corporation, at its address as shown in the Singapore Land Registry.

1. [4th Sch. Para. 2] WHAT IS THE PROCEDURE FOR APPLYING? The application for en-bloc sale must be made using the prescribed form within 14 days of the publication of the advertisement. The application is to be made by way of a statutory declaration by the representatives appointed by the majority owners, stating that the relevant provisions of the Act have been complied with. The application is to be submitted at the office of the Strata Titles Boards, 45 Maxwell Road #01-11, East Wing, The URA Centre, Singapore 069118 (Tel No: 3251586, Fax No. 3251607). The application must include the following: (i) the documents set out in paragraph 7; (ii) a list of the names of the unit owners who have not agreed to the sale in writing, their mortgagees, chargees and other persons (other than lessees) with an estate or interest in the flats whose interests are reflected in the land registers; [4th Sch. Para. 4] (iii) such other documents that the Board may require; and [4th Sch. Para.6] (iv) an undertaking to pay the costs of the Board in relation to any valuation or other reports called for by the Board. [Section 84A(3)] WHAT OTHER DOCUMENTS DO THE MAJORITY OWNERS NEED TO FILE? After submitting the application at the Strata Titles Boards, the applicants must lodge a copy of the application, in the approved form, for registration at the Singapore Land Registry. A copy of the forms can be downloaded from the website of the Singapore Land Registry at http://www.gov.sg/molaw/slr . [4th Sch. Para. 6] HOW CAN A MINORITY OWNER OR HIS MORTGAGEE, CHARGEE, ETC, FILE AN OBJECTION TO THE EN-BLOC SALE APPLICATION? A unit owner who has not agreed to the sale in writing, his mortgagee, chargee or other person with an estate or interest in the unit may, within 21 days of the date of the notice for en-bloc sale, file an objection in the prescribed form with the Strata Titles Boards. [Sections 84(A)(4), 84D(3) and 84E(5)] The Board will, within 5 days of the filing of an objection, forward a copy of it by registered post to the representatives appointed by the majority owners and their lawyers, if any. [4th Sch. Para. 5 **Please note the STB Registrar’s Circular 1/2004 Strata Titles Boards Registrar's Circular 1/2004

To all Law Firms / Law Corporations Land Titles (Strata) Act (Amendment of Fourth Schedule) Order 2004 This Circular is intended for your information. 2.

The Land Titles (Strata) Act (Amendment of Fourth Schedule) Order 2004 came into effect on 1st May 2004. There are new pre-conditions for applications to the Strata Titles Boards.

3.

On or after 1st May 2004, before the relevant majority flat owners referred to in section 84A(1), 84D(2) or 84E(3) may make an application to the Strata Titles Boards, they must first have entered into a Collective Sale Agreement (“CSA”) among themselves.

4.

In the case of a CSA signed on or after 1st May 2004, the following changes apply: (i) The signing of the CSA by the last of the flat owners who make up the relevant majority flat owners referred to in section 84A(1), 84D(2) or 84E(3) must not be later than 12 months from the first execution of the CSA by a flat owner; (ii) The relevant majority flat owners must find a purchaser and apply to the Strata Titles Boards within 12 months of successfully getting the CSA executed by the minimum required number of flat owners to make up the relevant majority; (iii) Flat owners of the development must be updated every 8 weeks (starting from the first execution of the CSA by a flat owner) on the number and percentage of flat owners who have signed the CSA. The updates are to be put up at conspicuous parts of each building of the development. See sample notice annexed; and (iv) Pasting the collective sale notice on the main door of every minority flat owner is no longer required. 12 July 2004 Bryan Chew Registrar Strata Titles Boards

** Meet the legal requirements under S84A(7) & (9), S84D(5) & (7), S84E(7) & (9) WHAT ARE THE FACTORS WHICH THE BOARD WILL TAKE INTO ACCOUNT IN DECIDING ON AN APPLICATION? 1. Where no objection is filed against the application Board will not approve the application if The transaction is not in good faith after taking into account only a) the sale price b) The method of distributing the proceeds of sale, and c) The relationship of the purchaser to any of the subsidiary proprietors See S84A(9), S84D(7) & S84E(9) The Board will not approve an application if the sale agreement requires any unit owner who has not agreed in writing to the sale to be a party to any arrangement for the redevelopment of the property. 2. Where objections are filed against the application The Board will consider all the factors in paragraph 1 above and the objection and may call for mediation. The Board will not approve an application if it is satisfied that: S.84A(7)

Where one or more objections have been filed under subsection (4), the Board shall, subject to subsection (9), after mediation, if any, approve the application made under subsection (1) and order that the lots and common property in the strata title plan be sold unless, having regard to the objections, the Board is satisfied that — (a) any objector, being a subsidiary proprietor, will incur a financial loss; or (b) the proceeds of sale for any lot to be received by any objector, being a subsidiary proprietor, mortgagee or chargee, are insufficient to redeem any mortgage or charge in respect of the lot. Note 1: A unit owner will be considered to suffer financial loss if the sale proceeds for his unit, after any deduction allowed by the Board, are less than what he paid for the unit. Note 2: A unit owner will not be considered to suffer financial loss because his net gain from the sale will be less than the other unit owners. [Sections 84A(8), 84D(5) and 84E(7)]

Where objections are filed Some pple may not want to sell – home rather than just investment If reach legal reqt, can push sale through but otherwise may get objn filed BUT even if reach legal reqt, may still not be successful: Board will not approve the application if o The objector will suffer a financial loss (negative equity sitn), or o The proceeds of sale to be received by an objector are insufficient to redeem any mortgage or charge in respect of the lot See S84A(7), S84D(5) & S84E(7) Where no objections are filed Board will not approve the application if o The transaction is not in good faith after taking into account only  the sale price  The method of distributing the proceeds of sale, and  The relationship of the purchaser to any of the subsidiary proprietors or o the sale and purchase agreement would require any proprietor who has not agreed in writing to the sale to be a party to any arrangement for the development of the flats and the land in the development.  Ie someone didn’t agree to collective sale and agreement req all approval – then board will not approve See S84A(9), S84D(7) & S84E(9) Effects of Order for en-bloc sale • An order for collective sale is binding on all owners, mortagees, chargees and lessees – S84B • However, a lessee’s right to compensation from the subsidiary proprietor is preserved – S84B(2) o who to compensate – taken into acct in distribution of sle proceeds o if tenant to be compensated – then tt partr landlord’s share of sale proceeds higher to compensate tenant o In cases where the LL puts property for en-bloc sale 1 year into a 3 year tenancy. • A subsidiary proprietor who did not sign the collective sale agreement may apply to the Board to determine the compensation – S84B(3) o Refused to sell but forced to. Note: STB tries to achieve a fair result for everybody, that nobody is disadvantaged. COLLECTIVE SALE OF PROPERTY Application for collective sale of parcel by majority of subsidiary proprietors who have made conditional sale and purchase agreement

84A. —(1) An application to a Board for an order for the sale of all the lots and common property in a strata title plan may be made by — (a) the subsidiary proprietors of the lots with not less than 90% of the share values where less than 10 years have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building comprised in the strata title plan or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the strata title plan, whichever is the later; or (b) the subsidiary proprietors of the lots with not less than 80% of the share values where 10 years or more have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building comprised in the strata title plan or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the strata title plan, whichever is the later, who have agreed in writing to sell all the lots and common property in the strata title plan to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the sale proceeds to all the subsidiary proprietors (whether in cash or kind or both), subject to an order being made under subsection (6) or (7). [21/99] (2) The subsidiary proprietors referred to in subsection (1) shall appoint not more than 3 persons from among themselves to act jointly as their authorised representatives in connection with any application made under that subsection. [21/99] (3) No application may be made under subsection (1) by the subsidiary proprietors referred to in that subsection unless they have complied with the requirements specified in the Schedule and provided an undertaking to pay the costs of the Board under subsection (5). [21/99] (4) A subsidiary proprietor of any lot in the strata title plan who has not agreed in writing to the sale referred to in subsection (1) and any mortgagee, chargee or other person (other than a lessee) with an estate or interest in land and whose interest is notified on the land-register for that lot may each file an objection with a Board stating the grounds for the objection within 21 days of the date of the notice served pursuant to the Schedule or such further period as the Board may allow. [21/99] (5) The Board shall have power — (a) to mediate in any matter arising from an application made under subsection (1); and (b) to call for a valuation report or other report and to require the subsidiary proprietors referred to in subsection (1) to pay for the costs. [21/99] (6) Where an application has been made under subsection (1) and no objection has been filed under subsection (4), the Board shall, subject to subsection (9), approve the application and order that the lots and common property in the strata title plan be sold. [21/99] (7) Where one or more objections have been filed under subsection (4), the Board shall, subject to subsection (9), after mediation, if any, approve the application made under subsection (1) and order that the lots and common property in the strata title plan be sold unless, having regard to the objections, the Board is satisfied that — (a) any objector, being a subsidiary proprietor, will incur a financial loss; or (b) the proceeds of sale for any lot to be received by any objector, being a subsidiary proprietor, mortgagee or chargee, are insufficient to redeem any mortgage or charge in respect of the lot. [21/99] (8) For the purposes of subsection (7) (a), a subsidiary proprietor — (a) shall be taken to have incurred a financial loss if the proceeds of sale for his lot, after any deduction allowed by the Board, are less than the price he paid for his lot; (b) shall not be taken to have incurred a financial loss by reason only that his net gain from the sale of his lot will be less than the other subsidiary proprietors. [21/99] (9) The Board shall not approve an application made under subsection (1) if the Board is satisfied that — (a) the transaction is not in good faith after taking into account only the following factors: (i) the sale price for the lots and the common property in the strata title plan; (ii) the method of distributing the proceeds of sale; and (iii) the relationship of the purchaser to any of the subsidiary proprietors; or

(b) the sale and purchase agreement would require any subsidiary proprietor who has not agreed in writing to the sale to be a party to any arrangement for the development of the lots and the common property in the strata title plan. [21/99] (10) Where no objection has been filed under subsection (4), the determination under subsection (9) shall be made by the Board on the basis of the facts available to the Board. [21/99] (11) The Board may make all such other orders and give such directions as may be necessary or expedient to give effect to any order made under subsection (6) or (7). [21/99] (12) The Board may, at any time it thinks fit, extend, vary, revoke or discharge any order made under this section, and may vary any term or condition upon or subject to which any such order has been made. [21/99] (13) A notice sent by registered post under the Schedule shall be deemed to be duly served on the person to whom it is addressed 2 days after the day on which the notice was posted, notwithstanding the fact that the letter may be returned by the post office as undelivered. [21/99] (14) The Minister may, by order published in the Gazette, amend or add to the Schedule. [21/99] (15) For the purposes of this section, “subsidiary proprietor”includes a successor in title. [21/99] Effect of order of Board 84B. —(1) Where a Board has made an order under section 84A (6), (7) or (11) — (a) the order shall bind all the subsidiary proprietors of the lots in the strata title plan, their successors in title and assigns and any mortgagee, chargee or other person with an estate or interest in land; (b) the subsidiary proprietors of the lots shall sell the lots and common property in accordance with the sale and purchase agreement; and (c) a lease affecting any of the lots in the strata title plan (other than a lease held by a subsidiary proprietor) shall, if there is no earlier agreed date, determine on the date on which vacant possession is to be given to the purchaser of the lots and common property. [21/99] (2) Nothing in subsection (1) (c) shall prejudice the rights of any lessee of a subsidiary proprietor to compensation from the subsidiary proprietor. [21/99] (3) A subsidiary proprietor of a lot who has not agreed in writing to a sale under section 84A or any lessee of the lot may, at any time after an application has been made under section 84A (1) and before the Board has approved the application for sale, apply to the Board to determine the amount of compensation payable to the lessee. [21/99] (4) The subsidiary proprietors of the lots who have not agreed in writing to the sale under section 84A and any mortgagee, chargee or other person with an estate or interest in those lots shall, for the purposes of the sale of the lots and common property, produce the certificates of title for the lots to the person having conduct of the sale, the representatives appointed under section 84A (2) or to their solicitors. [21/99] Power of Board to appoint person to act for certain subsidiary proprietor 84C. —(1) Where a Board has made an order under section 84A (6), (7) or (11), the Board may, on application by the representatives of the subsidiary proprietors appointed under section 84A (2), appoint any person to deal with all matters in connection with the sale of any lot — (a) where the subsidiary proprietor of the lot has died and no personal representative has been appointed; or (b) in such other case as the Board thinks fit. [21/99] (2) The Board may authorise the person appointed under subsection (1) to act for the subsidiary proprietor concerned in all aspects of the sale, including the redemption of mortgages and charges, the execution of the transfer, the receipt of moneys, the settlement of encumbrances on the lot, applying for a replacement or subsidiary certificate of title, giving valid receipts thereof and as soon as practicable paying the remaining moneys into court under section 62 of the Trustees Act (Cap. 337). [21/99] (3) The execution of any instrument in respect of any lot by the person appointed under subsection (1) shall have the same force and validity as if it had been executed by the subsidiary proprietor in whom the lot is vested. [21/99]

(4) When the transfers of the lots in the strata title plan are lodged for registration under this Act, the authorised representatives or the solicitor acting for the subsidiary proprietors or the person appointed under subsection (1) shall certify in such form as the Registrar may approve that the provisions of section 84A have been complied with; and the certificate in favour of the purchaser of the lots and common property and the Registrar shall be conclusive evidence of the facts stated therein. [21/99] Application for collective sale of parcel not registered under this Act by majority of proprietors where proprietors of flats own land 84D. —(1) This section shall apply where there are subsisting leases of flats in a development registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157) and the proprietors of the flats own the land comprised in the development. [21/99] (2) An application to a Board for an order for the sale of all the flats and the land in a development to which this section applies may be made by — (a) the proprietors of the flats who own not less than 90% share of the land where less than 10 years have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building comprised in the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the development, whichever is the later; or (b) the proprietors of the flats who own not less than 80% share of the land where 10 years or more have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building comprised in the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the development, whichever is the later, who have agreed in writing to sell all the flats and the land in the development to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the sale proceeds to all the proprietors of the flats (whether in cash or kind or both), subject to an order being made under subsection (4) or (5). [21/99] (3) A proprietor of any flat in the development who has not agreed in writing to the sale referred to in subsection (2) and any mortgagee, chargee or other person (other than a lessee) with an estate or interest in the flat and whose interest is notified on the land-register for that flat may each file an objection with a Board stating the grounds for the objection within 21 days of the date of the notice served pursuant to the Schedule or such further period as the Board may allow. [21/99] (4) Where an application has been made under subsection (2) and no objection has been filed under subsection (3), the Board shall, subject to subsection (7), approve the application and order that the flats and the land in the development be sold. [21/99] (5) Where one or more objections have been filed under subsection (3), the Board shall, subject to subsection (7), after mediation, if any, approve the application made under subsection (2) and order that the flats and the land in the development be sold unless, having regard to the objections, the Board is satisfied that — (a) any objector, being a proprietor, will incur a financial loss; or (b) the proceeds of sale for any flat to be received by any objector, being a proprietor, mortgagee or chargee, are insufficient to redeem any mortgage or charge in respect of the flat. [21/99] (6) For the purposes of subsection (5) (a), a proprietor — (a) shall be taken to have incurred a financial loss if the proceeds of sale for his flat, after any deduction allowed by the Board, are less than the price he paid for his flat; (b) shall not be taken to have incurred a financial loss by reason only that his net gain from the sale of his flat will be less than the other proprietors. [21/99] (7) The Board shall not approve an application made under subsection (2) if the Board is satisfied that — (a) the transaction is not in good faith after taking into account only the following factors: (i) the sale price for the flats and the land in the development; (ii) the method of distributing the proceeds of sale; and (iii) the relationship of the purchaser to any of the proprietors; or (b) the sale and purchase agreement would require any proprietor who has not agreed in writing to the sale to be a party to any arrangement for the development of the flats and the land in the development. [21/99] (8) Where no objection has been filed under subsection (3), the determination under subsection (7) shall be made by the Board on the basis of the facts available to the Board.

[21/99] (9) Sections 84A (2), (3), (5), (11), (12) and (13), 84B and 84C shall apply, with the necessary modifications, to any application or order made under this section. [21/99] (10) For the purposes of this section — "development" means any parcel of land with one or more buildings where the parcel is owned by the proprietors of the flats; "proprietor" includes a successor in title. [21/99] Application for collective sale where proprietors of flats own leasehold estate of at least 999 years or other estate in flats not registered under this Act but do not own land 84E. —(1) This section shall apply where there are subsisting leases of flats in a development registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157) for a leasehold estate of 999 years or more or for such other estate as the Minister may, by notification in the Gazette, specify and where the proprietors of the flats do not own the land comprised in the development. [21/99] (2) The proprietors of 25% of the flats to which this section applies may apply to the Registrar for notional shares in the land to be assigned to each of the flats based on the method used by the Commissioner for the allocation of share values. (3) An application to a Board for an order for the sale of all the flats and the land in a development to which this section applies may be made by — (a) the proprietors of the flats who own not less than 90% notional share of the land where less than 10 years have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building comprised in the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the development, whichever is the later; or (b) the proprietors of the flats who own not less than 80% notional share of the land where 10 years or more have passed since the date of the issue of the latest Temporary Occupation Permit on completion of any building comprised in the development or, if no Temporary Occupation Permit was issued, the date of the issue of the latest Certificate of Statutory Completion for any building comprised in the development, whichever is the later, who have agreed in writing to sell all the flats in the development to a purchaser under a sale and purchase agreement which specifies the proposed method of distributing the sale proceeds to all the proprietors of the flats (whether in cash or kind or both), subject to an order being made under subsection (6) or (7). [21/99] (4) The proprietors of the flats referred to in subsection (3) shall also serve a copy of the notice to be served pursuant to the Schedule on the proprietor of the land and every mortgagee, chargee or other person with an estate or interest in the land and whose interest is notified on the land-register for that land. [21/99] (5) A proprietor of any flat in the development who has not agreed in writing to the sale referred to in subsection (3) and any mortgagee, chargee or other person (other than a lessee) with an estate or interest in the flat and whose interest is notified on the land-register for that flat may each file an objection with a Board stating the grounds for the objection within 21 days of the date of the notice served pursuant to the Schedule or such further period as the Board may allow. [21/99] (6) Where an application has been made under subsection (3) and no objection has been filed under subsection (5), the Board shall, subject to subsection (9), approve the application and order that the flats and the land in the development be sold. [21/99] (7) Where one or more objections have been filed under subsection (5), the Board shall, subject to subsection (9), after mediation, if any, approve the application made under subsection (3) and order that the flats and the land in the development be sold unless, having regard to the objections, the Board is satisfied that — (a) any objector, being a proprietor, will incur a financial loss; or (b) the proceeds of sale for any flat to be received by any objector, being a proprietor, mortgagee or chargee, are insufficient to redeem any mortgage or charge in respect of the flat. [21/99] (8) For the purposes of subsection (7) (a), a proprietor — (a) shall be taken to have incurred a financial loss if the proceeds of sale for his flat, after any deduction allowed by the Board, are less than the price he paid for his flat;

(b) shall not be taken to have incurred a financial loss by reason only that his net gain from the sale of his flat will be less than the other proprietors. [21/99] (9) The Board shall not approve an application made under subsection (3) if the Board is satisfied that — (a) the transaction is not in good faith after taking into account only the following factors: (i) the sale price for the flats and the land in the development; (ii) the method of distributing the proceeds of sale; and (iii) the relationship of the purchaser to any of the proprietors; or (b) the sale and purchase agreement would require any proprietor who has not agreed in writing to the sale to be a party to any arrangement for the development of the flats and the land in the development. [21/99] (10) Where no objection has been filed under subsection (5), the determination under subsection (9) shall be made by the Board on the basis of the facts available to the Board. [21/99] (11) Where a Board has made an order for the sale of the flats and the land, the proprietor of the land shall be deemed to have transferred his estate and interest in the land to the purchaser without consideration upon the registration by the Registrar of the transfers of all the flats (except the flats deemed to be owned by the proprietor under subsection (14)) in the development and the Registrar shall enter a notification of the vesting of the land in the purchaser on the land-register. [21/99] (12) The proprietors of the flats who have not agreed in writing to the sale, the proprietor of the land, a mortgagee, chargee or other person with an estate or interest in land, where applicable, shall produce the title deeds for the flats or the land to the person having conduct of the sale, the representatives appointed under section 84A (2) or to their solicitors. [21/99] (13) If the title deeds for the flats or the land are not produced under subsection (12), the person having conduct of the sale shall not be required to produce to the purchaser any title deed other than a certified true copy of the title deed or a subsidiary certificate of title. [21/99] (14) Where the proprietor of the land in a development referred to in subsection (1) has granted leases for some but not all the flats in the development, he shall be deemed to be the proprietor of the flats which are still owned by him. [21/99] (15) Sections 84A (2), (3), (5), (11), (12) and (13), 84B and 84C shall apply, with the necessary modifications, to any application or order made under this section. [21/99] (16) For the purposes of this section — "development" means any parcel of land with one or more buildings; "proprietor" includes a successor in title. [21/99] Application for collective sale by all proprietors of flats who own leasehold estate of at least 999 years or other estate in flats not registered under this Act but do not own land 84F. —(1) This section shall apply where there are subsisting leases of flats registered under the Registration of Deeds Act (Cap. 269) or the Land Titles Act (Cap. 157) for a leasehold estate of 999 years or more or for such other estate as the Minister may, by notification in the Gazette, specify and where the proprietors of the flats do not own the land comprised in the development. [21/99] (2) Where the proprietors of all the flats in a development to which this section applies agree in writing under a sale and purchase agreement to sell all their flats to a purchaser (whether in cash or kind or both), they shall serve a notice on the proprietor of the land and every mortgagee, chargee or other person with an estate or interest in the land and whose interest is notified on the land-register at least 21 days before the date of the first transfer of any such flat informing them of the transfer under subsection (4). [21/99] (3) Notice under subsection (2) shall be given by — (a) advertising the proposed sale in such local newspapers in the 4 official languages as approved by the Registrar; (b) serving the notice on the proprietor of the land and every mortgagee, chargee or other person with an estate or interest in the land and whose interest is notified on the land-register by registered post; and

(c) affixing a copy of the notice in the 4 official languages to a conspicuous part of each building in the development. [21/99] (4) The proprietor of the land referred to in subsection (2) shall be deemed to have transferred his estate and interest in the land to the purchaser without consideration upon the registration by the Registrar of the transfers of all the flats in the development and the Registrar shall enter a notification of the vesting of the land in the purchaser on the land-register. [21/99] (5) A notice sent by registered post under this section to a proprietor of the land, his mortgagee, chargee or other person with an estate or interest in the land and whose interest is notified on the land-register at its last registered address in the case of a company registered under the Companies Act (Cap. 50) or otherwise at its last recorded address at the Registry of Titles or the Registry of Deeds, as the case may be, shall be deemed to be duly served on the person to whom it is addressed 2 days after the day on which the notice was posted, notwithstanding the fact that the letter may be returned by the post office as undelivered. [21/99] (6) When the transfers of the flats to which this section applies are lodged for registration with the Registrar, the solicitors acting for the proprietors of the flats shall certify in such form as the Registrar may determine that the provisions of this section have been complied with, and the certificate in favour of the purchaser and the Registrar shall be conclusive evidence of the facts stated therein. [21/99] (7) Section 84E (12), (13), (14) and (16) shall apply, with the necessary modifications, to a development to which this section applies. [21/99] Application of Building Maintenance and Strata Management Act 2004 84G. Part VI of the Building Maintenance and Strata Management Act 2004 and any regulations made under that Act shall apply in respect of applications under this Part with the necessary modifications. Fourth schedule REQUIREMENTS UNDER SECTION 84A, 84D OR 84E 1. Before making an application to a Board, the subsidiary proprietors referred to in section 84A (1) or the proprietors of flats referred to in section 84D (2) or 84E (3), as the case may be, shall — (a) execute within the permitted time but in no case more than 12 months before the date the application is made, a collective sale agreement in writing among themselves (whether or not with other subsidiary proprietors or proprietors) agreeing to agree to collectively sell — (i) in the case of an application under section 84A, all the lots and common property in a strata title plan; or (ii) in the case of an application under section 84D or 84E, all the flats and the land in a development to which section 84D or 84E, as the case may be, applies; (b) once every 8 weeks after the start of the permitted time, affix to a conspicuous part of each building comprised in the strata title plan or the development to which section 84D or 84E applies, as the case may be, a notice in the 4 official languages specifying — (i) the number of subsidiary proprietors or proprietors who, immediately before the date of the notice, have signed the collective sale agreement; and (ii) the proportion (in percentage) that the total share value of such subsidiary proprietors’ lots bear to the total share value of all lots comprised in that strata title plan, or that such proprietors’ total share or total notional share of the land bears to the total share or notional share of all proprietors in that land, as the case may be; (c) consider the collective sale either — (i) at an extraordinary general meeting of the management corporation held in accordance with Part IV of the Act or any other corresponding written law; or (ii) in the case of land in a development to which section 84D or 84E applies, at a meeting held after sending a notice of the meeting by registered post to all the proprietors to their last recorded addresses at the Registry of Titles or the Registry of Deeds and placing a copy of the notice under the main door of every flat in the development; (d) advertise in the 4 official languages the particulars of the application in such local newspapers as approved by the Board; (e) serve notice of the proposed application on all the subsidiary proprietors of all the lots and common property in the strata title plan concerned or on all proprietors of all flats in the development concerned, as the case may be, by registered post and by placing a copy of the proposed application under the main door of every lot or flat, together with a copy each of the following: (i) the collective sale agreement referred to in sub-paragraph (a);

(ii) the sale and purchase agreement which is to be the subject of the application to the Board; (iii) a statutory declaration made by the purchaser under the sale and purchase agreement on the nature of his relationship (if any) or, if the purchaser is a body corporate, the nature of the relationship of every one of its directors (if any), to any subsidiary proprietor of any lot comprised in that strata title plan or any proprietor of any flat in the development, as the case may be; (iv) the minutes of the extraordinary general meeting or meeting referred to in sub-paragraph (c); (v) the advertisement referred to in sub-paragraph (d); (vi) a valuation report that is not more than 3 months old; and (vii) a report by a valuer on the proposed method of distributing the proceeds of the sale due under the sale and purchase agreement; and (f) affix a copy of the notice referred to in sub-paragraph (e) in the 4 official languages to a conspicuous part of each building comprised in the strata title plan or the development, as the case may be. 1A. For the purposes of this Schedule — (a) the permitted time in relation to a collective sale agreement executed or to be executed by subsidiary proprietors or proprietors referred to in section 84A (1), 84D (2) or 84E (3), means a period — (i) starting from the date the first subsidiary proprietor or proprietor, or his duly appointed attorney, as the case may be, signs the collective sale agreement; and (ii) ending not more than 12 months after the date the first subsidiary proprietor or proprietor, or his duly appointed attorney, as the case may be, signs the collective sale agreement; and (b) the collective sale agreement shall be regarded as executed notwithstanding that it is executed on separate copies thereof and at different times. 2. The notice referred to in paragraph 1(e) to be served by registered post shall be served on an affected party — (a) where the party is a subsidiary proprietor of a lot in the strata title plan, at the address as shown on the strata roll; (b) where the party is a proprietor of a flat or land, at the last recorded address at the Registry of Titles or Registry of Deeds; (c) where the party is a mortgagee, chargee or other person with an estate and interest in the lot or flat whose interest is notified on the land-register, at the address on the strata roll or last recorded address at the Registry of Titles or Registry of Deeds; and (d) where the party is a management corporation, at its address recorded on the folio of the land-register comprising the common property. 3. The advertisement referred to in paragraph 1(d) shall include — (a) information on the development; (b) the names of the subsidiary proprietors or proprietors, addresses, unit numbers and strata lot numbers, if any, of their flats; (c) the names of mortgagees, chargees and other persons with an estate and interest in the lots, flats and land; (d) brief details of the sale proposal; and (e) the place at which the affected parties can inspect documents for the collective sale. 4. An application to a Board shall be made by the subsidiary proprietors referred to in section 84A (1) or the proprietors referred to in section 84D (2) or 84E (3) within 14 days of the publication of the advertisement referred to in paragraph 1 (d), enclosing — (a) the documents specified in paragraph 1(e); (b) a statutory declaration made by the representatives appointed under section 84A (2) or their solicitors stating — (i) the date the permitted time for the collective sale agreement started; (ii) the date on which collective sale agreement referred to in paragraph 1 (a) was last executed by any subsidiary proprietor or proprietor referred to in section 84A (1), 84D (2) or 84E (3), as the case may be; (iii) the date or dates on which the notice or notices referred to in paragraph 1(b) were affixed; and (iv) that sub-paragraphs (c), (d), (e) and (f) of paragraph 1 have been complied with; (c) a list of the names of the subsidiary proprietors who have not agreed in writing to the sale, their mortgagees, chargees and other persons (other than lessees) with an estate or interest in the lots or flats whose interests are notified on the land-register; and (d) such other document as the Board may require. 5. The Board shall, within 5 days of the filing of an objection, serve a copy of it by registered post on the representatives appointed under section 84A (2) and their solicitors, if any. 6. The subsidiary proprietors referred to in section 84A (1) or the proprietors referred to in section 84D (2) or 84E (3) shall, after making an application to the Board, cause a copy of the application to be registered under the Act, the Land Titles Act (Cap. 157) or the Registration of Deeds Act (Cap. 269), as the case may be.

7. The subsidiary proprietors referred to in paragraph 6 shall, if an order for sale is granted by the Board under section 84A, 84D or 84E, register the order of the Board in accordance with the Act, the Land Titles Act or the Registration of Deeds Act (Cap. 269), as the case may be, or if the order for sale is not granted by the Board, apply to cancel the application registered under paragraph 6. 8. For the purposes of this Schedule, “affected parties” means — (a) the subsidiary proprietors referred to in section 84A (1) or the proprietors referred to in section 84D (2) or 84E (3); (b) the subsidiary proprietors of the lots or the proprietors of the flats who have not agreed in writing to the sale, and any mortgagee, chargee and other person (other than a lessee) with an estate or interest in the lot or flat whose interest is notified on the land-register; (c) the proprietor of the land under section 84E, his mortgagee, chargee or other person with an estate or interest in the land whose interest is notified on the land register; and (d) the management corporation, where applicable. B) LITIGUOUS MATTERS UNDER LTSA Applications under Part VI BMSM Act • Constitution of STB o STB comprises 3 persons, the President or Deputy President and 2 others - • The 2 or 4 other members could be accountants, architects, engineers, surveyors, even grassroots leaders, depending on nature of dispute - • Problem in finding suitable hearing dates - Usually Saturdays - • Not intended to be formal, but much depends on the members of the STB - has effect of judicial proceedings • Length of proceedings depend on nature of dispute, whether surveyor’s or other expert’s reports are required & hearing dates -

• STB always tries to get parties to settle by mediation (even for en-bloc sales) • Decisions not reported but can be inspected at and purchased from STB • Comparing the application and hearing fees for Part VA LTSA & Part VI BMSMA, the latter is supposed to be less formal, and parties need not be represented by a lawyer. o In practice, most MCSTs engage a lawyer, so the other party will follow suit • For the fees and a complete list of the orders that the STB may make, refer to their website. o Application fee: $400 o For en-bloc sale: $2000 o Hearing application: $300 o En-bloc sale: $650

S101 • S101(1) is one of the most popular in terms of application for orders • Relates to disputes or rectification of complaints about o Defects o Liability of a subsidiary proprietor to bear the costs of any work carried out by the MC – MC oblig to repair  Who pays the bill – prob to be raised with strata board o Exercise or performance (or failure) of any powers, duties or functions under the LTSA, BMSMA or any by-laws Some other sections in Part VI to note • S107 – order varying the rate of interest in respect of late payment of contribution • S115 - order to resolve dispute between management corporations and subsidiary management corporations • S91 – Board member has same protection and immunity as a District Judge • S120(1) – order may, by leave of District Court, be enforced as a judgment of the DC

Applications to the Strata Titles Boards Under Part VI of the Building Maintenance And Strata Management Act [These notes are for general guidance only and applicants must refer to the actual provisions in the Act for their full meaning and effect] Section of Building Maintenance and Strata Management Act 101 Order to settle a dispute or rectify a complaint with respect to defects, etc. 102 Order to convene a general meeting

Person Entitled To Apply

management corporation, subsidiary proprietor, mortgagee in possession, lessee or occupier a person entitled to vote at management corporation meeting

103 Order to invalidate a resolution or election

subsidiary proprietor or first mortgagee

104 Order to nullify a resolution where voting rights were denied or due noticeof item of business was not given

person improperly denied vote or not given due notice of item of business

105 a person entitled to vote at management corporation Order to revoke amendment or addition of by-law; Order meeting (including both first mortgagee and mortgagor) to revive revoked by-law 106 Order to invalidate purported by-law

a person entitled to vote at management corporation meeting (including both first mortgagee and mortgagor)

107 Order to vary the rate of interest in respect of late payment of contribution

subsidiary proprietor or mortagagee in possession

108 Order to vary the amount of contributions levied or manner of payment thereof

management corporation, subsidiary proprietor or mortgagee in possession

109 Order to vary the amount of insurance to be provided

subsidiary proprietor or mortgagee

110 Order to make or pursue insurance claim

subsidiary proprietor

111 Order that management corporation consents to subsidiary proprietor's proposal for alterations to the common property

subsidiary proprietor

112 Order to appoint a managing agent to exercise or perform subsidiary proprietor, mortgagee or judgement creditor certain powers, etc. of management corporation 113 Order to supply information or documents

a person wrongfully refused information or inspection of record or document by management corporation, etc.

114 Order for entry to lot

management corporation

115 Order to resolve dispute between management

management corporation

corporations and subsidiary management corporations * In these Notes, "management corporation" includes "subsidiary management corporation".