Management corporations are established pursuant to Section 39 of the Strata Titles Act 1985, and comprise of all the proprietors of parcels.
Section 59 of the Strata Management Act 2013 governs the duties and powers of management corporations.
The provision is worded as follows:
“(1) The duties of a management corporation shall be as follows:
(a) to properly maintain and manage the subdivided building or land and the common property and keep it in a state of good and serviceable repair;
(b) to determine and impose the Charges to be deposited into the maintenance account for the purposes of proper maintenance and management of the subdivided buildings or lands and the common property;
(c) to determine and impose the contribution to the sinking fund to be deposited into the sinking fund account for the purposes of meeting the actual or expected expenditure specified under subsection 51(2);
(d) to effect insurance according to this Act or to insure against such other risks as the proprietors may by special resolution direct;
(e) to comply with any notice or order given or made by the local authority or any competent public authority requiring the abatement of any nuisance on the common property, or ordering repairs or other work to be done in respect of the common property or other improvements to the common property;
(f) to prepare and maintain a strata roll for the subdivided buildings or lands;
(g) to ensure that the accounts required to be maintained by the management corporation under this Act are audited and to provide audited financial statements for the information to its members;
(h) to enforce the by-laws; and
(i) to do such other things as may be expedient or necessary for the proper maintenance and management of the subdivided buildings or lands and the common property.
(2) The powers of the management corporation shall be as follows:
(a) to collect the Charges from the proprietors in proportion to the share units or provisional share units of their respective parcels or provisional blocks;
(b) to collect the contribution to the sinking fund from the proprietors of an amount equivalent to ten percent of the Charges;
(c) to authorize expenditure for the carrying out of the maintenance and management of the subdivided buildings or lands and the common property;
(d) to recover from any proprietor any sum expended by the management corporation in respect of that proprietor’s parcel in complying with any such notice or order as referred to in paragraph (1)(e);
(e) to purchase, hire or otherwise acquire movable property for use by the proprietors in connection with their use and enjoyment of the common property;
(f) to employ or arrange and secure the services of any person or agent to undertake the maintenance and management of the common property of the subdivided building or land;
(g) subject to subsection 70(2), to make additional by-laws for the proper maintenance and management of the subdivided buildings or lands and the common property;
(h) to borrow moneys required by the management corporation in the exercise of its powers or the performance of its duties;
(i) to secure the repayment of moneys borrowed by it and the payment of interest thereon by negotiable instrument or by a charge of unpaid Charges to the maintenance account (whether already imposed or not), or by a charge of any property vested in it or by a combination of any of those means; and
(j) to do all things reasonably necessary for the performance of its duties under this Act and for the enforcement of the by-laws.
(3) Where the management corporation performs any repairs, work or act that are or is required or authorized by or under this Part or by or under any other written law to perform, whether or not the repairs, work or act were or was performed consequent upon the service on it by any Government or statutory authority of any notice or order, but the repairs, work or act were or was wholly or substantially the liability or the responsibility of the proprietor of a parcel only, or wholly or substantially for the benefit of some of the parcels only, any money expended by the management corporation in performing the repairs, work or act shall –
(a) in the case where the repairs, work or act were or was wholly or substantially the liability or the responsibility of the proprietor of a parcel only, be recoverable by the management corporation in an action in a court of competent jurisdiction or before the Tribunal as a debt due to it jointly and severally from –
(i) the relevant proprietor of the parcel at the time when the repairs, work or act were or was performed; and
(ii) the relevant proprietor of the parcel at the time when the action was commenced; or
(b) in the case where the repairs, work or act were or was wholly or substantially for the benefit of some of the parcels only, or wholly or substantially the liability or the responsibility of the proprietors of some of the parcels only, be recoverable by the management corporation in an action in a court of competent jurisdiction or before the Tribunal as a debt due to it jointly and severally from –
(i) the relevant proprietor of each of such parcels at the time when the repairs, work or act were or was performed; and
(ii) the relevant proprietor of each of such parcels at the time when the action was commenced.
(4) The amount payable by any proprietor and former proprietor under subsection (3) in respect of any parcel shall not be more than the proportion of the debt which the share unit of the parcel then bears to the total share units of all those parcels.
(5) A proprietor of a parcel who is not the proprietor of the parcel at the time when the repairs, work or act referred to in subsection (3) were or was performed shall not be liable to pay the management corporation any amount due under that subsection if he has, at any time on or within twenty-one days before the date he acquired the title or interest in the parcel, made a requisition in writing to the management corporation to inquire about the amount, if any, recoverable by the management corporation under that subsection in respect of the parcel, and the management corporation has –
(a) certified that no amount is recoverable by the management corporation in respect of the parcel; or
(b) not given a reply to the requisition at any time within fourteen days of the date of the service of the requisition.
(6) Where –
(a) the management corporation incurs any expenditure or performs any repairs, work or act that it is required or authorized by or under this Part or by or under any other written law to perform, irrespective of whether or not the expenditure was incurred or the repairs, work or act were or was performed consequent upon the service on it of any notice or order by any Government or statutory authority; and
(b) the expenditure or the repairs, work or act referred to in paragraph (a) were or was rendered necessary by reason of any willful or negligent act or omission on the part of, or breach of any provision of its by-laws by, any person or his tenant, lessee, licensee or invitee,
the amount of the expenditure of any money expended by the management corporation in performing the repairs, work or act shall be recoverable by it from that person as a debt in an action in any court of competent jurisdiction or before the Tribunal.
(7) The generality of this section shall not be prejudiced by any other provision in this Part conferring a power or imposing a duty on the management corporation.”
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