Lesson 10 Flashcards
Who is involved in the strata subdivision of a building or landed housing development?
The Minister and the Chief Planner.
What is formed from the subsidiary proprietors of a strata development?
The Management Corporation
What is the duty of the Management Corporation (MCST)?
To control, manage, administer, and maintain the common property for all subsidiary proprietors.
What role does the developer play in new strata developments for the first 12 months?
The developer serves as the Management Corporation during the first 12 months.
What responsibilities does the developer have while acting as the MC?s
- Keep proper books of accounts
- Appoint an auditor to audit the accounts annually
- File a certified true copy of the audited accounts with the Commissioner of Building.
How long must every Management Corporation keep accounting records and financial statements?
At least 5 years.
What funds are subsidiary proprietors (SPs) required to contribute to?
They must contribute to both the management fund and the sinking fund.
What happens if contributions become overdue for 30 days?
A written demand for interest is issued.
What actions can the Management Corporation take if a subsidiary proprietor fails to pay within 14 days after a demand?
They may impose a fine and recover any unpaid contributions through the Small Claims Tribunal or State Courts, and register a charge on the property for the default.
When does the developer pay maintenance charges?
The developer pays for maintenance charges on all unsold units and sold units that have not been handed over to purchasers after a 3-month grace period from TOP (Temporary Occupation Permit).
What is one of the primary responsibilities of the Management Corporation (MC)?
The MC must prepare and keep a strata roll, which is a register of all unit owners.
What does the MC handle on a daily basis?
The MC administers the day-to-day matters related to the management of the property.
Can the Management Corporation employ external help?
Yes, the MC may employ the services of a managing agent (MA) to run daily matters, with the appointment lasting up to 3 years.
What is the role of the MC council?
The MC council is a representative body of members elected from among subsidiary proprietors (SPs) during the annual general meeting (AGM).
How many members can the MC council have?
The council can have up to 14 members.
What are the eligibility requirements for election to the MC council?
SPs must be at least 21 years old
A nominee can be an immediate family member of an SP
A nominee of a company where the SP is an owner
What must every MC adopt according to the law?
Every MC is required to adopt a set of by-laws concerning the common property, as stipulated in the Building Maintenance and Strata Management Act (BMSMA).
Can the MC create additional by-laws?
Yes, in addition to the required by-laws, MCs can create additional by-laws as needed.
What is the cap on the total number of proxy votes one can hold at annual general meetings?
There is a limit on the number of proxy votes that any individual can hold, which applies during AGMs where various resolutions, including new by-laws, are discussed.
What is Share Value in the context of strata developments?
Share Value determines a subsidiary proprietor’s voting rights, their share of common property, and contributions to the management and sinking funds.
How does Share Value affect voting rights?
The Share Value determines the voting rights of the subsidiary proprietor at general meetings based on their proportionate ownership.
What is required for an Ordinary Resolution in a general meeting?
An ordinary resolution needs support from 50% of the Share Value of the subsidiary proprietors present.
What decisions can be made with an Ordinary Resolution?
It can be used to appoint a managing agent or to raise contributions for the management and sinking funds.
What is required for a Special Resolution to pass?
A special resolution needs support from at least 75% of the Share Value of the subsidiary proprietors present.
What decisions can be made with a Special Resolution?
It can be used to create by-laws or to sell a unit to recover contributions.
How is Share Value determined for residential developments?
Share Value is determined based on the floor area (in m²) of the units.
What are the Share Values corresponding to specific floor areas?
50 m² or less: 5
Every additional 50 m²: Add 1 Share Value
What must foreigners do before purchasing restricted property in Singapore?
Obtain prior approval from the Law Minister via the SLA (Singapore Land Authority) and LDAU (Land Deal Approval Unit).
What happens to a purchase involving a trust structure for foreigners without approval?
The purchase shall be considered void.
What types of properties are classified as Restricted Property?
- Vacant Residential Land
- Commercial and Residential Land (as of 20th July 2023)
- Landed Properties (Bungalow, Semi-Detached, Terrace)
- Strata Landed Houses
- Residential Shophouses
- Places of Worship or Association Properties
- Dormitories/Service Apartments/Boarding Houses (not in Hotel Zoning & Hotel Act)
- Foreign persons purchasing all units in an apartment or condominium building without prior approval.
What exemption is provided for foreign developers in residential development?
Foreign developers are exempted from approval when purchasing:
a) Land
b) An entire building
c) All strata units of apartments or condominiums (in En-bloc Sales).
What certificate must foreign developers obtain when purchasing property?
They must seek approval from the Controller of Residential Property and obtain a Qualifying Certificate (QC).
What are the conditions for obtaining a Qualifying Certificate?
- A banker’s guarantee deposit worth 10% of the land purchase price.
- Completion of the project within 5 years (T.O.P. / C.S.C.).
- Selling all units within 2 years of T.O.P / C.S.C., with extension charges for unsold units.
What is the extension charge for delays in completing the project?
8% / 16% / 24% of the purchase price of the land for the 1st, 2nd, and 3rd or subsequent year extensions.
What must developers not do after a Qualifying Certificate is issued?
They must not change the shareholding of the developer without approval or sell the land in its vacant or undeveloped state.
What are the criteria for exemption from requiring a Qualifying Certificate (QC)?
- Incorporation in Singapore.
- Primary listing on the Singapore Exchange with the principal place of business in Singapore.
- The chairperson and the majority of the company’s board are Singapore citizens.
- A significantly Singaporean substantial shareholding interest in the company.
- A track record in Singapore.
What is the procedure for applying for property purchase approval under the Residential Property Act?
An online application must be submitted to the SLA (Singapore Land Authority) for the Land Dealings Approval Unit (LDAU).
What types of approval can be requested?
Applications can be for specific purchases or for Approval In-Principle, which is valid for 12 months with no extensions.
What are the land area restrictions for property purchases on the main island?
The land area must not exceed 1,393.5 m² or 15,000 ft².
What are the land area restrictions for property purchases in Sentosa Cove?
The land area must not exceed 1,800 m².
What restriction is placed on property purchases regarding specific areas?
The property must not be located within a GCBA (Good Class Bungalow Area).
What are the main assessment criteria considered for each application?
Each application is assessed on its own merits, focusing on:
a) Singapore Permanent Resident (SPR) status for at least 5 years.
b) Adequate economic contributions to Singapore, considering qualifications, expertise, and relevant investments.
What conditions must foreigners comply with if LDAU approves their property purchase?
- The property must be used only for the owner’s occupation (family) as a dwelling house.
- Family members cannot buy another restricted property.
- The property cannot be rented or used for any other purpose.
- The property must not be sold within 5 years from the date of purchase or the date of TOP/CSC.
What authority can lodge a caveat to prevent unauthorized disposal of property?
The Controller of Residential Property can lodge a caveat.
(Note: This condition does not apply to landed properties at Sentosa Cove.)
What are the penalties for breaching the Residential Property Act?
A fine of up to $200,000 and/or imprisonment for up to 3 years.
What is the penalty for continuing offenses under the Residential Property Act?
A further fine not exceeding $2,000 for every day or part thereof the offense continues after conviction.
What must a foreigner do after obtaining approval to purchase a new restricted property?
They must sell their existing restricted property within 3 months from the date of legal completion, TOP (Temporary Occupation Permit), or CSC (Certificate of Statutory Completion), whichever is earlier.
What happens if a foreigner inherits a restricted property without approval?
They must sell the property within 5 years from the date of the deceased’s death.
What is the requirement for owners who give up their citizenship or Permanent Resident (PR) status regarding restricted properties?
They must sell their restricted properties within 2 years.
Are foreigners allowed to rent restricted properties for more than 7 years?
Foreigners cannot rent a restricted properties exceeding 7 years (including any option to renew). Such lease is deemed as a sale
What are the penalties for criminal offences related to property transactions?
A fine not exceeding $500,000 and/or imprisonment for a term not exceeding 10 years.
What must be done if suspicious activities are detected in a property transaction?
A report must be made to the Commercial Affairs Department (CAD) and a Suspicious Transaction Report (STR) should be lodged.