CHAPTER 41A
CONDOMINIUM PROPERTY ACT

Arrangement of Sections

PART I

PRELIMINARY

1. Short title.

2. Interpretation.

PART II

CONDOMINIUM PROPERTY

3. Application of law.

4. Application for registration of Condominium Plan.

5. Condominium Plan.

6. Registration of Condominium Plan.

7. Effect of registration of Condominium Plan.

8. Dealing with unit.

9. Registration of instruments affecting units.

10. Transmission of interest in a unit.

11. Inspection and copies.

12. Easements.

PART III

MANAGEMENT CORPORATION AND MANAGEMENT FUND

13. Constitution of management corporations.

14. Duties and powers of a management corporation.

15. Meeting of the management corporation.

16. Council.

17. Establishment of the management fund.

PART IV

TERMINATION OF CONDOMINIUM PROPERTY

18. Termination of Condominium Property.

19. Scheme relating to land vested in the management corporation.

20. Vesting of rights in purchaser at a sale under the approved scheme.

21. Preservation of rights of charges of units.

22. Dissolution of management corporation.

23. Duties of Registrar.

24. Termination of Condominium Property where all units are owned by one person.

24. By-laws.

25. No licitation or division-in-kind of Condominium Property.

26. Joint liability of co-owners of a unit.

27. Regulations.

SCHEDULE

14 of 1992,

2 of 2013.

SI 33 of 1996.

[Date of commencement: 20th May 1996]

PART I

PRELIMINARY

1. Short title.

This Act may be cited as the Condominium Property Act.

2. Interpretation.

In this Act—

“charge” includes a mortgage;

“common elements” means so much of the land, for the time being not comprised in any unit and includes, unless otherwise described specifically as comprised in any unit and shown as capable of being comprised in such unit—

(a) foundations, columns, gardens and external beams, supports, main walls, roofs, lobbies, corridors, stairs, stairways, fire escapes, entrances and exits of the subdivided building;

(b) car parks, recreational or community facilities, gardens, parking areas and storage spaces;

(c) central and appurtenant installations for services such as power, light, gas, hot and cold water, airconditioning, telephone, sewage and garbage disposal;

(d) lifts, tanks, pumps, fans, compressors, ducts and, in general, all apparatus and installations existing for common use;

(e) premises to be used by security personnel, caretakers and watchmen;

(f) all facilities described as common elements on a Condominium Plan; and

(g) all other parts of the land, not comprised in any unit, necessary and convenient to the existence and maintenance and for the reasonable common use and safety of the common elements including the roads and access drains and ditches, lanes, parks, play grounds and other open spaces appurtenant to the Condominium Property;

“Condominium Plan” means a Condominium Plan described in section 5;

“Condominium Property” means land in respect of which a Condominium Plan is registered under section 6;

“council” means the council of a management corporation referred to in section 16(1) or the manager appointed pursuant to section 13(4);

[Am by s 2(a) of Act 2 of 2013 w.e.f. 18 March 2013.]

“dealing” means a transfer, lease or charge;

“land register” means the land register kept under the Land Registration Act;

“management fund” means the fund established by each management corporation under section 17;

“natural disaster” includes excessive rain, flood, storm or other event occurring without the intervention of mankind;

“Registrar” means the Registrar General;

“Repertoire” means the Repertoire kept under the Mortgage and Registration Act;

“subdivided building” means the building shown on a Condominium Plan and divided into units;

“title number” in relation to land means the title number of the land registered under the Land Registration Act;

“transcription volume” means the volume of deeds transcribed under the Mortgage and Registration Act;

“unit” means a defined space in a subdivided building designed for independent use and shown as such on the Condominium Plan and consisting of one or more rooms whether occupying the entirety or part of one or more storeys in the building provided that such defined space has a direct exit to a road or a common area leading to a road and access cannot be had through such defined space to any other defined space of like description in the building.

PART II

CONDOMINIUM PROPERTY

3. Application of law.

(1) This Act shall apply to Condominium Property.

(2) The Land Registration Act and the Mortgage and Registration Act shall not, save as expressly provided in this Act, apply to or in relation to Condominium Property.

(3) Subject to this Act—

(a) the Immovable Property (Judicial Sales) Act, the Immovable Property (Transfer restriction) Act, the Civil Code and the People’s Housing Mortgages Act apply to the units of a subdivided building, and

(b) the units of a subdivided building shall, for the purposes of these written laws, be deemed to be immovable property.

4. Application for registration of Condominium Plan.

(1) An owner of land—

(a) which has been surveyed in accordance with the Land Survey Act; and

(b) on which there is a building of more than one storey and having more than one unit of residential or non-residential accommodation,

may apply to the Registrar for registration of a Condominium Plan in respect of the land.

(2) An application for registration of a Condominium Plan under subsection (1) shall be accompanied by two copies of the Condominium Plan.

5. Condominium Plan.

(1) A Condominium Plan shall comprise—

(a) the survey plan, prepared in accordance with the Land Survey Act, of the land in respect of which the application for registration is made;

(b) a plan prepared by a land surveyor which shall—

(i) depict the position of the subdivided building on the land fixed in relation to the beacons and boundaries thereof;

(ii) specify the title number of the land or, as the case may be, the transcription volume, and folio number of the transcription volume, in which the deed relating to the land has been transcribed;

(iii) identify the units into which the subdivided building is divided and distinguishing each unit by a number assigned to it;

(iv) specify the floor area of each unit and define the boundaries of each such unit;

(v) define the common elements;

(vi) bear an endorsement of the land surveyor that the subdivided building is within the boundaries of the land shown on the survey plan; and

(vii) have attached to it a certificate by an architect or an engineer that the units shown on the plan are those existing on the land;

(c) a plan, prepared by an engineer, of a vertical section of the subdivided building showing—

(i) the floor and ceiling of each storey; and

(ii) the height of each storey;

(d) a declaration signed by the applicant and, in relation to subparagraphs (i) to (v) of paragraph (b), attested by a legal practitioner or a notary public which shall contain the—

(i) boundaries and extent of the land and its situation specifying the name of the area in which it is situated;

(ii) name and address of the owner of the land;

(iii) particulars of documents or other evidence of ownership relied upon by the applicant in support of his title to the property;

(iv) the title number of the land or, as the case may be, the transcription volume, and folio number of the transcription volume, in which the deed relating to the land has been transcribed;

(v) particulars of any encumbrances, other than a charge, affecting the land;

(vi) a description of other common elements;

(vii) share value of each unit which shall determine—

A. the quantum of the undivided share of the owner of each unit in the land and other common elements;

B. the proportion, payable by the owner of each unit, of the contribution for the control, management and administration of the common elements;

C. the number of votes which the owner of each unit shall have for the purposes of the general meeting of the management corporation;

(viii) purposes for which the subdivided building and each unit is intended to be used; and

(ix) a statement that the land is not subject to a charge.

(2) The Condominium Plan shall be accompanied by a certificate under the Town and Country Planning Act that planning permission has been granted for the development of the land in the manner and for the purposes shown on the Condominium Plan.

6. Registration of Condominium Plan.

(1) The Registrar shall maintain a Register of Condominium Property which shall be in such form as may be prescribed.

(2) On receipt of an application for the registration of a Condominium Plan, the Registrar may, if he is satisfied that the Plan conforms to this Act and that the land is not subject to a charge, register the Plan in the Register of Condominium Property.

(3) Upon registration of a Condominium Plan under subsection (2) the Registrar shall make an appropriate cross reference—

(a) in the land register relating to the land referred to in the Condominium Plan; or

(b) in the appropriate folio of the transcription volume in which the deed relating to the land referred to in the Condominium Plan is transcribed and in that part of the Repertoire relating to the owner of the land referred to in the Condominium Plan,

as the case may be, that a Condominium Plan in respect of the land has been registered.

(4) The Registrar shall, upon registration of the Condominium Plan, return one copy of the Plan to the person who tendered it for registration and file the other copy in the Register of Condominium Property.

(5) The copy of the Condominium Plan returned under subsection (4) shall be marked “Original” and the copy filed in the Register of Condominium Property under that subsection shall be marked “Duplicate”.

(6) Where the Registrar refuses to register a Condominium Plan tendered for registration under section 4, the Registrar shall communicate his decision in writing to the applicant, giving his reasons for the decision.

(7) An applicant aggrieved by a decision of the Registrar under subsection (6) may, within 15 days of the communication of the decision to him, appeal to the Minister whose decision on the matter shall be final:

Provided that the Minister shall not allow the registration of a Condominium Plan in respect of land which is subject to a charge.

(8) The Registrar shall give effect to the decision of the Minister on an appeal under subsection (7).

7. Effect of registration of Condominium Plan.

(1) Upon registration of a Condominium Plan—

(a) the subdivided building depicted in the Plan shall be deemed to be divided into the units identified in the Plan and each such unit shall be deemed to have appurtenant thereto in undivided shares, in accordance with its share value, such proportion of the land and other common elements defined in the Plan;

(b) notwithstanding anything in any other written law, each unit identified in the Plan together with the undivided share of the land and other common elements appurtenant thereto shall be held and dealt with in the manner provided by this Act;

(c) the owner of the Condominium Property comprised in the Plan shall be deemed to be the owner of each unit identified in the Plan together with the undivided share of the land and other common elements appurtenant thereto and shall be held by him as such unless dealt with in the manner provided by this Act.

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