PART I
PRELIMINARY
1 Citation and commencement
2 Definition

PART II
OWNER DEVELOPERS’ OBLIGATIONS
3 Fee for inspection of maintenance fund records
4 Commissioner’s approval to collect maintenance charges
5 Supply of particulars of contractors, etc., to management corporation, etc.
6 Supply of other records to management corporation, etc.

PART III
RESTRICTED ACTIVITIES DURING INITIAL PERIOD
7 Application for order to do restricted activity
8 Appeals against Commissioner's orders

PART IV
COUNCILS AND EXECUTIVE COMMITTEES
9 Information on council and executive committee members
10 Information on general meetings, etc.
11 Fees for services rendered by management corporation, etc.
12 Agents and employees of council, etc.

PART V
INSURANCE
13 Definition of this Part
14 Calculation of insurance limit under damage policy
15 Additional insurance upon request
16 Amount of cover under public liability insurance

PART VI
OTHER STRATA MANAGEMENT MATTERS
17 Commissioner’s approval to levy additional contributions

PART VII
LIMITED COMMON PROPERTY
18 Limited common property for non-residential lots
19 Limited common property for types of residential lots

PART VIII
BY-LAWS
20 Prescribed by-laws
21 By-laws applicable to limited common property, etc.

PART IX
MISCELLANEOUS
22 Search fee
23 Remission of fees

FIRST SCHEDULE
FORM 1

SECOND SCHEDULE

PART I

PRELIMINARY

Citation and commencement
1.   These Regulations may be cited as the Building Maintenance (Strata Management) Regulations 2005 and shall come into operation on 1st April 2005.

Definition
2.   In these Regulations, “restricted activity” means —

(a) in relation to any management corporation, any act referred to in section 49 (1) (a), (c), (d), (e), (f) or (g) of the Act; or

(b) in relation to any subsidiary management corporation, any act referred to in section 49(1)(a), (e), (f) or (g) of the Act.

PART II

OWNER DEVELOPERS’ OBLIGATIONS

Fee for inspection of maintenance fund records
3.   For the purposes of section 17 (6) (b) of the Act, the following fees shall be payable to an owner developer of a development by any purchaser of a lot or proposed lot in the development (or his agent) for the following matters:

(a) for inspecting the accounts and other records of any maintenance fund established for that development referred to in section 17 (6) (b) of the Act		$15 per hour or part thereof at each attendance
(b) for making a copy of or an extract from those accounts or records under section 17 (6) (b) of the Act		50 cents per page.

Commissioner’s approval to collect maintenance charges
4. —(1)   Subject to paragraph (2), the first application to the Commissioner for his approval under section 18 (1) of the Act authorising an owner developer to collect any charges for the management and maintenance of a development or any common property or limited common property comprised in the development from the purchasers of any lot or proposed lot comprised in the development need not be accompanied by any fee if —

(a) the owner developer has paid the fee prescribed in the Building Maintenance and Strata Management (Strata Units) Regulations 2005 (G.N. No. S 196/2005) when filing the schedule of strata units for that development; or

(b) the schedule of strata units for that development was filed with the Commissioner before 1st April 2005.

(2)   Every second or subsequent application to the Commissioner for his approval under section 18 (1) of the Act in relation to the same development shall be accompanied by the following relevant fee:

(a) for a mixed-use development, with or without limited common property		$1,000 per application
(b) for any other development, with or without limited common property		$500 per application.

(3)   In paragraph (2), “mixed-use development” means a development that consists or is to consist of 2 or more different classes of use, and the different classes of use are as follows:

(a) residential use;

(b) office use;

(c) commercial use other than as an office, but including use as a shop, a restaurant or food establishment, a cinema, a theatre, a nightclub or other entertainment or amusement centre, a child care centre, a clinic, a commercial school, a library or other community facility or a sports or recreation facility;

(d) hotel use, including use as serviced apartments or as a hostel, a nursing home, a dormitory or a boarding house;

(e) industrial use, including use as a warehouse or a showroom.

Supply of particulars of contractors, etc., to management corporation, etc.
5.   For the purposes of section 26 (4) (a) (v) of the Act, the owner developer of a development comprised in a strata title plan shall, at or within 2 weeks after convening the first annual general meeting of the management corporation constituted in respect of the strata title plan, place and deliver to the management corporation and to every subsidiary management corporation constituted for any limited common property designated on that same strata title plan, copies of the names and addresses of the following persons:

(a) the main contractor for the development;

(b) every nominated subcontractor for the development;

(c) every nominated supplier of labour or materials to the development during construction; and

(d) every subcontractor and every supplier of tiles or sanitary fittings to the development during construction.

Supply of other records to management corporation, etc.
6.   For the purposes of section 26 (4) (a) (viii) of the Act, the owner developer of a development comprised in a strata title plan shall, at or within 2 weeks after convening the first annual general meeting of the management corporation constituted in respect of the strata title plan, place and deliver to the management corporation and to every subsidiary management corporation constituted for any limited common property designated on that same strata title plan, copies of the following records:

(a) all plans, including as-built drawings showing the location of any pipe, wire, cable, duct, chute or other facility for the provision of systems or services, whether or not submitted to the Government or any public authority in respect of the development;

(b) the temporary occupation permit issued for any building in the development;

(c) the certificate of statutory completion issued for any building in the development;

(d) the planning permission granted in respect of the development;

(e) all current insurance policies relating to the development or any part thereof;

(f) all notices or directions issued by the Government or any public authority in respect of the development or any part thereof;

(g) an inventory listing all furniture, equipment and movable property used or to be used in connection with the common property or limited common property, if any; and

(h) a list of the names and addresses of every consultant for that development.

PART III

RESTRICTED ACTIVITIES DURING INITIAL PERIOD

Application for order to do restricted activity
7. —(1)   An application to the Commissioner for an order under section 51 of the Act authorising the doing of any restricted activity during the initial period of a management corporation or subsidiary management corporation shall —

(a) be in Form 1 in the First Schedule;

(b) be made by or on behalf of the management corporation or subsidiary management corporation, as the case may be;

(c) be accompanied by an application fee of $500; and

(d) be accompanied by a resolution passed at a general meeting held not earlier than one month before the application, authorising the carrying out by the management corporation or subsidiary management corporation, as the case may be, of the restricted activity, subject to the Commissioner's order.

(2)   For the purposes of section 51 (2) of the Act, the notice of an application to the Commissioner for an order under section 51 of the Act shall be in Form 2 in the First Schedule and shall be served by the management corporation or subsidiary management corporation concerned, at its own cost, within the time specified in paragraph (3) and as follows:

(a) by pre-paid registered post —

(i) where the addressee is a subsidiary proprietor of a lot in the strata title plan, to the address as shown on the strata roll;

(ii) where the addressee is a registered mortgagee of a lot comprised in the strata title plan, to the address on the strata roll or last recorded address at the Registry of Titles; or

(iii) where the addressee is such other person as the Commissioner may direct, to the addressee’s last known place of residence or business; and

(b) by affixing a copy of the application to every notice board in the common property or limited common property, as the case may be, comprised in the strata title plan.

(3)   The notice of an application shall be served —

(a) where the addressee is a person referred to in paragraph (2) (a) (i) or (ii), within 7 days after the making of the application; or

(b) where the addressee is a person referred to in paragraph (2) (a) (iii), within 7 days after the Commissioner has directed that the addressee be served.

(4)   After notice of an application is served in accordance with paragraphs (2) and (3), the management corporation or subsidiary management corporation concerned, as the case may be, shall file with the Commissioner a statutory declaration made by its representatives appointed under paragraph (6) stating the date on which the notice of the application was served.

(5)   Any person on whom the notice of an application is served in accordance with paragraphs (2) and (3) may file an objection with the Commissioner and on the management corporation or subsidiary management corporation making the application, stating the grounds for the objection within 21 days of the date of the notice served or such further period as the Commissioner may allow.

(6)   The management corporation or subsidiary management corporation, as the case may be, shall appoint from among its officers or members of its council or executive committee, as the case may be, not more than 3 persons to act jointly as its authorised representatives in connection with any application for an order under section 51 of the Act.

Appeals against Commissioner's orders
8.   An appeal under section 52 of the Act against any order made by the Commissioner under section 51 of the Act shall —

(a) be made in writing addressed to the Minister; and

(b) specify —

(i) the appellant's name and address for service; and

(ii) the grounds of the appeal.

PART IV

COUNCILS AND EXECUTIVE COMMITTEES

Information on council and executive committee members
9. —(1)   The secretary of the council of a management corporation shall, within 30 days after his appointment to that office, furnish to the Commissioner, in writing, the following particulars of all persons elected or appointed to an office or as member of that council:

(a) the full name;

(b) the NRIC number or Passport number;

(c) the address of the person's place of residence; and

(d) the lots in respect of which the person is a subsidiary proprietor.

(2)   The secretary of the executive committee of a subsidiary management corporation shall, within 30 days after his appointment to that office, furnish to the Commissioner, in writing, the following particulars of all persons elected or appointed to an office or as member of that executive committee:

(a) the full name;

(b) the NRIC number or Passport number;

(c) the address of the person's place of residence; and

(d) the lots in respect of which the person is a subsidiary proprietor.

(3)   A secretary of the council of a management corporation, or a secretary of the executive committee of a subsidiary management corporation, who fails to comply with paragraph (1) or (2), as the case may be, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

Information on general meetings, etc.
10. —(1)   The council of a management corporation shall, within 30 days after its annual general meeting, serve on the Commissioner a written statement signed by a member of the council containing the following information:

(a) the date and agenda of the last annual general meeting of the management corporation;

(b) the names and addresses of the persons appointed or elected to the council at that last general meeting;

(c) the amount of the regular periodic contributions levied in respect of each lot by the management corporation under section 39 (4) of the Act;

(d) the rate of interest determined by the management corporation under section 40 (6) (b) of the Act in respect of any unpaid contribution;

(e) the name and address of the auditor appointed by the management corporation in accordance with section 45 (3) (a) of the Act; and

(f) the name and address of any managing agent appointed under section 66 (1) of the Act at the last general meeting.

(2)   The executive committee of a subsidiary management corporation shall, within 30 days after its annual general meeting, serve on the Commissioner a written statement signed by a member of the executive committee containing the following information:

(a) the date and agenda of the last annual general meeting of the subsidiary management corporation;

(b) the names and addresses of the persons appointed or elected to the executive committee at that last general meeting;

(c) the amount of the regular periodic contributions levied in respect of each lot by the subsidiary management corporation under section 39 (4) (as applied with necessary modifications by section 79 (3)) and section 79 (4) of the Act;

(d) the rate of interest determined by the subsidiary management corporation under section 40 (6) (b) (as applied with necessary modifications to subsidiary management corporations by section 79 (3)) of the Act in respect of any unpaid contribution;

(e) the name and address of the auditor appointed by the subsidiary management corporation in accordance with section 45 (3) (a) (as applied with necessary modifications to subsidiary management corporations by section 79 (3)) of the Act; and

(f) the name and address of any managing agent appointed by the subsidiary management corporation under section 66 (1) (as applied with necessary modifications to subsidiary management corporations by section 79 (3)) of the Act at that last general meeting.

(3)   Where an auditor is appointed by the council of a management corporation under section 45 (3) (b) of the Act, the council shall submit to the Commissioner the name and address of the auditor within 14 days of the auditor's appointment.

(4)   Where an auditor is appointed by the executive committee of a subsidiary management corporation under section 45 (3) (b) (as applied with necessary modifications to subsidiary management corporations by section 79 (3)) of the Act, the executive committee shall submit to the Commissioner the name and address of the auditor within 14 days of the auditor's appointment.

(5)   Where any written statement which is required under paragraph (1) or (2) or any submission which is required under paragraph (3) or (4) to be served on the Commissioner is not so served by the council of a management corporation or the executive committee of a subsidiary management corporation, as the case may be, within the time limited under the applicable paragraph, then all the members of the council or executive committee, as the case may be, in question shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $3,000.

(6)   If any written statement under paragraph (1) or (2) or any submission under paragraph (3) or (4) is served on the Commissioner by the council of a management corporation or the executive committee of a subsidiary management corporation but the written statement or submission does not comply with the requirements of paragraph (1), (2), (3) or (4) as regards the information to be contained in the written statement or submission, all the members of the council or executive committee, as the case may be, in question shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $3,000.

(7)   Where any person is charged with an offence under paragraph (5) or (6), it shall be a defence to prove that he took all reasonable steps, and exercised all due diligence to ensure that any requirements as regards preparation or serving of a written statement under paragraph (1) or (2) or any submission under paragraph (3) or (4), or as regards the information to be given in any such written statement or submission, as the case may be, have been complied with in relation to the written statement or submission.

Fees for services rendered by management corporation, etc.
11. —(1)   For the purposes of section 47 of the Act, the following fees shall be payable to a management corporation or subsidiary management corporation for the following services:

(a) supplying the name and address of the chairperson, secretary and treasurer of the management corporation or subsidiary management corporation and of the managing agent under section 47 (1) (a) of the Act		$5
(b) management corporation making available for inspection any document referred to in section 47 (1) (b) of the Act		$15 per hour or part thereof at each attendance
(c) subsidiary management corporation making available for inspection any document referred to in section 47 (1) (b) (ii) or (iii) of the Act, in so far as these relate to the subsidiary management corporation or its limited common property		$15 per hour or part thereof at each attendance
(d) certifying any matter referred to in section 47 (1) (c) of the Act		$25 per certificate
(e) making a copy under section 47 (4) of the Act of any document referred to in section 47 (1) (b) of the Act		50 cents per page.

(2)   A management corporation or subsidiary management corporation, as the case may be, may remit, wholly or in part, any fee payable to it under paragraph (1).

Agents and employees of council, etc.
12.   A council of a management corporation and an executive committee of a subsidiary management corporation may employ, on behalf of the management corporation and subsidiary management corporation, respectively, such agents or employees as it thinks necessary in connection with the exercise and performance of the powers, duties and functions of the management corporation and subsidiary management corporation.

PART V

INSURANCE

Definition of this Part
13. —(1)   In this Part, “subdivided building” has the same meaning as in Division 6 of Part V of the Act.

(2)   For the purposes of the definition of “subdivided building” in section 69 of the Act, any improvement or fixture effected by any subsidiary proprietor after the issue of the temporary occupation permit under the Building Control Act (Cap. 29) and which is exclusively for the use and enjoyment of a lot in that building, shall not form part of the subdivided building unless the subsidiary proprietor of that lot —

(a) gives the management corporation a notice in writing specifying the nature and estimated cost of such improvements or fixtures; and

(b) pays for any additional premium thereby incurred.

Calculation of insurance limit under damage policy
14. —(1)   For the purposes of section 70 (2) of the Act, the manner of calculating the amount to which the liability of an insurer may be limited under a damage policy is to add together the following amounts:

(a) the estimated cost, as at the date of commencement of the damage policy, of the rebuilding of the subdivided building or its replacement by a similar subdivided building so that every part of the rebuilt subdivided building or the replacement subdivided building is in a condition no worse or less extensive than that part or its condition when the subdivided building was new;

(b) the estimated cost, as at the date of commencement of the damage policy, of removing debris from the parcel in the event of the subdivided building's being destroyed by an occurrence specified in the policy;

(c) the fees (estimated as at the date of commencement of the damage policy) payable to architects and other professional persons employed in the course of the rebuilding or replacement referred to in sub-paragraph (a); and

(d) the estimated amount by which expenditure referred to in sub-paragraphs (a), (b) and (c) may increase during the period of 12 months following the date of commencement of the damage policy.

(2)   If any subsidiary proprietor does not give the notice or pay the premium referred to in regulation 13 (2) or 15 before the date of commencement of the damage policy, the estimated cost of improvements or fixtures referred to in that regulation shall not be included in the calculations under this regulation.

Additional insurance upon request
15.   A subsidiary proprietor may request the management corporation to include in the calculations under regulation 14, the estimated cost of any of his improvements or fixtures in the nature of paint, wallpaper and temporary wall, floor and ceiling coverings, provided that —

(a) he gives the management corporation a notice in writing specifying the nature and estimated cost of such improvements or fixtures; and

(b) he pays any additional premiums thereby incurred.

Amount of cover under public liability insurance
16.   For the purposes of section 71 (2) of the Act, the prescribed amount in respect of insurance referred to in section 71 (1) (b) of the Act is an amount not less than $1 million.

PART VI

OTHER STRATA MANAGEMENT MATTERS

Commissioner’s approval to levy additional contributions
17. —(1)   Every application to the Commissioner for his approval under section 41(4) of the Act authorising a management corporation or subsidiary management corporation to levy additional contributions on the subsidiary proprietor of any lot of that management corporation or subsidiary management corporation shall —

(a) be in Form 3 in the First Schedule;

(b) be accompanied by an application fee of $500;

(c) be made by or on behalf of the management corporation or subsidiary management corporation concerned;

(d) be accompanied by one of the following documents, whichever is relevant to the application:

(i) a copy of the strata title plan for redevelopment referred to in section 12 of the Land Titles (Strata) Act (Cap. 158), illustrating the subdivision altering the boundaries of one or more lots;

(ii) a copy of the approval from the competent authority under the Planning Act (Cap. 232) for any change of use in respect of the lot;

(iii) a copy of the 90% resolution passed by the management corporation or subsidiary management corporation, as the case may be, authorising the subsidiary proprietor to effect any improvement in or upon his lot referred to in section 37 of the Act; and

(e) be accompanied by a computation of additional contributions and its justification.

(2)   Notice of an application to the Commissioner for his approval under section 41(4) of the Act authorising a management corporation or subsidiary management corporation to levy additional contributions on the subsidiary proprietor of any lot of that management corporation or subsidiary management corporation shall —

(a) be in Form 4 in the First Schedule; and

(b) be served, within 7 days after receiving a direction from the Commissioner to do so, on the subsidiary proprietor of the lot by the management corporation or subsidiary management corporation, as the case may be, making the application, at its own expense.

(3)   After every notice of an application is served in accordance with paragraph (2), the management corporation or subsidiary management corporation concerned, as the case may be, shall file with the Commissioner a statutory declaration made by its representatives appointed under paragraph (5) stating the date on which the notice of the application was served.

(4)   Any person on whom the notice of an application is served in accordance with paragraph (2) may, within 21 days of the date of the notice served or such further period as the Commissioner may allow —

(a) file an objection with the Commissioner stating the grounds for the objection; and

(b) serve a copy of the objection by registered post on the representatives appointed under paragraph (5) by the management corporation or subsidiary management corporation concerned.

(5)   The management corporation or subsidiary management corporation shall appoint from among its officers and members of its council or executive committee, as the case may be, not more than 3 persons to act jointly as its authorised representatives in connection with any application for the Commissioner's approval under section 41(4) of the Act.

PART VII

LIMITED COMMON PROPERTY

Limited common property for non-residential lots
18.   For the purposes of section 77 (1) (b) (ii) of the Act, a strata title plan comprising non-residential lots may have limited common property and one or more subsidiary management corporations for the purpose of representing the different interests of the subsidiary proprietors of the non-residential lots if —

(a) the creation of any limited common property to represent the interests of the subsidiary proprietors of lots comprised in a building that is physically detached from the other lots in the strata title plan will not adversely affect the use or enjoyment of the other subsidiary proprietors' lots; and

(b) the total floor area of all the lots whose subsidiary proprietors constitute each subsidiary management corporation to be formed is at least 5,000 square metres.

Limited common property for types of residential lots
19.   For the purposes of section 77 (1) (c) of the Act, any residential lots within a strata title plan shall be regarded to be of a different type from other residential lots within that same strata title plan if the lots are comprised within the following buildings in the strata title plan:

(a) an apartment block with any lift;

(b) an apartment block with no lifts;

(c) a townhouse, a semi-detached house, a detached house or a terrace.

PART VIII

BY-LAWS

Prescribed by-laws
20.   For the purpose of section 32 (2) of the Act, the by-laws for every parcel comprised in a strata title plan in respect of which a management corporation is constituted on or after 1st April 2005 shall be in the Second Schedule.

By-laws applicable to limited common property, etc.
21.   Subject to section 82 of the Act, the by-laws prescribed in the Second Schedule shall apply to the limited common property managed and maintained by a subsidiary management corporation with the following modifications:

(a) any reference in the by-laws to the management corporation shall be read as a reference to the subsidiary management corporation; and

(b) any reference in the by-laws to the common property shall be read as a reference to the limited common property.

PART IX

MISCELLANEOUS

Search fee
22.   A search fee of $20 shall be payable to the Commissioner for every request to the Commissioner to supply written information from any records maintained by the Commissioner for the purposes of the Act.

Remission of fees
23.   The Commissioner may remit, wholly or in part, any fee payable to him under these Regulations.

FIRST SCHEDULE

FORM 1

Regulation 7 (1) (a)

BUILDING MAINTENANCE AND STRATA MANAGEMENT ACT 2004
(ACT 47 OF 2004)

BUILDING MAINTENANCE (STRATA MANAGEMENT)
REGULATIONS

APPLICATION FOR ORDER TO DO RESTRICTED
ACTIVITIES DURING INITIAL PERIOD

FORM 2

Regulation 7 (2)

BUILDING MAINTENANCE AND STRATA MANAGEMENT ACT 2004
(ACT 47 OF 2004)

BUILDING MAINTENANCE (STRATA MANAGEMENT)
REGULATIONS

NOTICE OF APPLICATION FOR ORDER TO DO RESTRICTED ACTIVITIES DURING INITIAL PERIOD

FORM 3

Regulation 17 (1) (a)

BUILDING MAINTENANCE AND STRATA MANAGEMENT ACT 2004
(ACT 47 OF 2004)

BUILDING MAINTENANCE (STRATA MANAGEMENT) REGULATIONS

APPLICATION FOR LEVYING ADDITIONAL CONTRIBUTIONS

FORM 4

Regulation 17 (2) (a)

BUILDING MAINTENANCE AND STRATA MANAGEMENT ACT 2004
(ACT 47 of 2004)

BUILDING MAINTENANCE (STRATA MANAGEMENT)
REGULATIONS

NOTICE OF APPLICATION FOR LEVYING ADDITIONAL CONTRIBUTIONS

SECOND SCHEDULE

Regulations 20 and 21

PRESCRIBED BY-LAWS

Noise
1.   A subsidiary proprietor or an occupier of a lot shall not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the subsidiary proprietor or occupier of another lot or of any person lawfully using the common property.

Vehicles
2. —(1)   A subsidiary proprietor or an occupier of a lot shall not —

(a) park or leave; or

(b) permit any invitees of the subsidiary proprietor or occupier to park or leave,

any motor vehicle or other vehicle on the common property except with the prior written approval of the management corporation.

(2)   The management corporation shall not unreasonably withhold its approval to the parking or leaving of a motor vehicle or vehicle on the common property.

Obstruction of common property
3. —(1)   A subsidiary proprietor or an occupier of a lot shall not obstruct the lawful use of the common property by any person, except on a temporary and non-recurring basis.

(2)   If the management corporation has specified, by resolution, the manner in which furniture or large objects are to be transported through or on common property, a subsidiary proprietor shall not transport any furniture or large object through or on common property except in accordance with that resolution.

Damage to lawns, etc., on common property
4.   A subsidiary proprietor or an occupier of a lot shall not, except with the prior written approval of the management corporation or as permitted by an exclusive use by-law made under section 33 of the Act for his benefit —

(a) damage any lawn, garden, tree, shrub, plant or flower being part of, or situated on, the common property; or

(b) use for his own purposes as a garden any portion of the common property.

Alteration or damage to common property
5. —(1)   A subsidiary proprietor or an occupier of a lot shall not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property except with the prior written approval of the management corporation.

(2)   An approval given by the management corporation under paragraph (1) shall not authorise any additions to the common property.

(3)   This by-law shall not prevent a subsidiary proprietor or an occupier of a lot, or a person authorised by such subsidiary proprietor or occupier from installing —

(a) any locking or other safety device for protection of the subsidiary proprietor's or occupier's lot against intruders or to improve safety within that lot;

(b) any screen or other device to prevent entry of animals or insects on the lot;

(c) any structure or device to prevent harm to children; or

(d) any device used to affix decorative items to the internal surfaces of walls in the subsidiary proprietor's or occupier's lot.

(4)   Any such locking or safety device, screen, other device or structure must be installed in a competent and proper manner and must have an appearance, after it has been installed, in keeping with such guidelines as the management corporation may prescribe regarding such installations, and with the appearance of the rest of the building.

(5)   The subsidiary proprietor and occupier of a lot shall —

(a) maintain and keep in a state of good and serviceable repair any installation or structure referred to in paragraph (3) notwithstanding that it forms part of the common property and services the lot; and

(b) repair any damage caused to any part of the common property by the installation or removal of any locking or safety device, screen, other device or structure referred to in paragraph (3) notwithstanding that it forms part of the common property and services the lot.

Behaviour of subsidiary proprietors and occupiers
6.   A subsidiary proprietor or an occupier of a lot, when on a lot or the common property, shall be adequately clothed and shall not use language or behave in a manner likely to cause offence or embarrassment to the subsidiary proprietor or occupier of another lot or to any person lawfully using the common property.

Children playing on common property
7.   A subsidiary proprietor or an occupier of a lot shall take all reasonable steps to ensure that any child, of whom he has control when playing upon the common property, shall not —

(a) cause any damage to the common property; or

(b) create any noise likely to interfere with the peaceful enjoyment of the subsidiary proprietor or occupier of another lot.

Behaviour of invitees
8.   A subsidiary proprietor or an occupier of a lot shall take all reasonable steps to ensure that his invitees (including customers and staff) do not behave in a manner likely to interfere with the peaceful enjoyment of the subsidiary proprietor or occupier of another lot or of any person lawfully using the common property.

Depositing rubbish, etc., on common property
9.   A subsidiary proprietor or an occupier of a lot shall not deposit or throw on the common property any rubbish, dirt, dust or other material or discarded item except with the prior written approval of the management corporation.

Drying of laundry
10.   A subsidiary proprietor or an occupier of a lot shall not, except with the prior written approval of the management corporation, hang any washing, towel, bedding, clothing or other article on any part of the parcel in such a way as to be visible from outside the subdivided building, other than at areas designated for the purpose and there only for a reasonable period.

Cleaning windows
11.   A subsidiary proprietor or an occupier of a lot shall keep clean all exterior surfaces of glass in windows and doors on the boundary of the lot which are not common property, unless —

(a) the management corporation resolves that it will keep the glass or specified part of the glass clean; or

(b) that glass or part of the glass cannot be accessed by the subsidiary proprietor or occupier of the lot safely or at all.

Storage of flammable materials
12. —(1)   A subsidiary proprietor or an occupier of a lot shall not, except with the prior written approval of the management corporation, use or store upon his lot or upon the common property any flammable chemical, liquid, gas or other flammable material.

(2)   This by-law shall not apply to chemicals, liquids, gases or other material used or intended to be used for domestic purposes, or any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.

(3)   Nothing in this by-law authorises any subsidiary proprietor or occupier of a lot to use or store upon his lot or upon the common property any flammable chemical, liquid, gas or other flammable material in a manner that would contravene any relevant written law applicable to the use or storage of such substances or materials.

Refuse disposal
13. —(1)   A subsidiary proprietor or an occupier of a lot within a strata title plan that has chutes or shared receptacles for the disposal of refuse or for recyclable material or waste shall —

(a) ensure that before any refuse, recyclable material or waste is thrown into the chute or receptacle it is —

(i) in the case of refuse, securely wrapped in plastic bags or other similar materials; or

(ii) in the case of recyclable material or waste intended for recycling, separated and prepared in accordance with the applicable recycling guidelines; and

(b) not dispose of any large object into the chutes which may obstruct the free fall of refuse in the chutes.

(2)   A subsidiary proprietor or an occupier of a lot within a strata title plan that does not have any chute or shared receptacle for the disposal of refuse or for recyclable material or waste —

(a) shall maintain such receptacles within his lot, or on such part of the common property as may be authorised by the management corporation, in clean and dry condition and (except in the case of receptacles for recyclable material) adequately covered;

(b) shall ensure that before refuse, recyclable material or waste is placed in the receptacle it is securely wrapped or, in the case of tins or other containers, completely drained or, in the case of recyclable material or waste intended for recycling, separated and prepared in accordance with the applicable recycling guidelines;

(c) for the purpose of having the refuse collected, shall place the receptacle within an area designated for that purpose by the management corporation and at a time not more than one hour before the time at which refuse, recyclable material or waste is normally collected;

(d) when the refuse has been collected, shall promptly return the receptacle to his lot or other area referred to in sub-paragraph (a);

(e) shall not place anything in the receptacle of the subsidiary proprietor or occupier of any other lot except with the permission of that subsidiary proprietor or occupier; and

(f) shall promptly remove anything which he or the refuse or recycling collector may have spilled from the receptacle and shall take such action as may be necessary to clean the area within which that thing was so spilled.

(3)   Nothing in this by-law requires any subsidiary proprietor or occupier of a lot to dispose of any chemical, biological, toxic or other hazardous waste in a manner that would contravene any relevant written law applicable to the disposal of such waste.

Keeping of animals
14.   A subsidiary proprietor or an occupier of a lot shall not keep any animal upon his lot or the common property which may cause annoyance to the subsidiary proprietors or occupiers of other lots.

Duty to maintain lot
15.   A subsidiary proprietor or an occupier of a lot shall maintain his lot including all sanitary fittings, water, gas, electrical and air-conditioning pipes and apparatus thereof in a good condition so as not to cause annoyance to the subsidiary proprietors or occupiers of other lots.

Lot not to be used for purpose injurious to building reputation
16.   A subsidiary proprietor or an occupier of a lot shall not use his lot for any purpose (illegal or otherwise) which may be injurious to the reputation of the subdivided building.

Change in use of lot to be notified
17.   A subsidiary proprietor or an occupier of a lot shall, without delay, notify the management corporation if the subsidiary proprietor or occupier changes the existing use of the lot.

Prevention of fire and other hazards
18. —(1)   A subsidiary proprietor or an occupier of a lot shall not do any thing or permit any of his invitees to do any thing on the lot or common property that is likely to affect the operation of fire safety devices in the parcel or to reduce the level of fire safety in the lots or common property.

(2)   A subsidiary proprietor or an occupier of a lot shall also not do any thing or permit any of his invitees to do any thing on the lot or common property that is likely to create a hazard or danger to the owner or occupier of another lot or any person lawfully using the common property.

(3)   Without prejudice to the generality of paragraph (2), a subsidiary proprietor or an occupier of a lot shall not place, put up or display any article or object on or by any window or on any balcony of, or outside, the lot in a manner which is likely to cause any damage to property or injury to life to any person lawfully using the common property.

Control on hours of operation and use of facilities
19. —(1)   The management corporation may, by special resolution, make any of the following determinations if it considers the determination appropriate for the control, management, administration, use or enjoyment of the common property, comprised in its strata title plan:

(a) that commercial or business activities may be conducted on the common property only during certain times;

(b) that facilities situated on the common property may be used only during certain times or on certain conditions.

(2)   Every subsidiary proprietor and occupier of a lot shall comply with a determination referred to in paragraph (1).

Provision of amenities or services
20. —(1)   The management corporation may, by special resolution, determine to enter into arrangements for the provision of all or any of the following amenities or services to one or more of the lots, or to the subsidiary proprietors or occupiers of one or more of the lots comprised in its strata title plan:

(a) security services;

(b) garbage disposal and recycling services;

(c) cleaning or domestic services;

(d) promotional services or advertising.

(2)   If a management corporation makes a resolution referred to in paragraph (1) to provide an amenity or service to a lot or to the subsidiary proprietor or occupier of a lot, the management corporation must indicate in the resolution the amount for which, or the conditions on which, it will provide the amenity or service.

Made this 30th day of March 2005.

TAN TEE HOW
Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 311/13-301 Vol. 7; AG/LEG/SL/30C/2004/2 Vol. 1]