LAND TITLES (STRATA) (AMENDMENT) BILL

Order for Third Reading read.

2.56 p.m.

The Minister for Law and the Environment (Mr E. W. Barker): Mr Speaker. Sir, I beg to move, "That the Bill be now read a Third time."

The Land Titles (Strata) (Amendment) Bill was committed to a Select Committee on 19th August, 1975. The Select Committee received nine representations and heard oral evidence from all the representors. Some of the contributions were valuable and a number of suggestions have been accepted. The Select Committee's Report was published and presented to this House on 16th February, 1976, as Paper Parl. 1 of 1976.

Sir, the Bill, as now tabled before the House, incorporates the amendments which have been recommended by the Select Committee. I will not burden Honourable Members with technical details but would like to draw their attention to a number of amendments and new provisions in the Bill.

The Committee decided to add a new section 15E to enable a subsidiary proprietor of a strata lot in a subdivided building to make an application to the court to direct a management corporation or management corporations to -

(a) transfer a part of the common property; or

(b) accept a transfer of any land or part thereof or any lot so that the land or part thereof or lot shall form part of the common property; or

(c) amalgamate the common property of two or more management corporations.

It was brought to the Committee's attention that many members of some management corporations are apathetic to their responsibilities, and it was therefore felt necessary to allow a dissatisfied subsidiary proprietor to apply to Court for redress.

The Committee also decided to amend clause 17 to make it an offence for a subsidiary proprietor to refuse to comply with the by-laws set out in the Second Schedule to the Land Titles Act. The maximum punishment for contravention is a fine not exceeding $1,000. It was brought to the Committee's attention that life in a multistorey building would be unbearable if there were persistent violations of these by-laws which were enacted to ensure the comfort and well-being of the occupants.

The Committee also decided to add a new provision in the Bill to exempt an instrument of transfer lodged pursuant to the new section 32B, 32C or 32D from payment of stamp duty. This will lessen some of the financial burdens which a developer would have to bear when he makes a transfer of the interest in the land on which flats have been built to the owners of the flats. In all such cases the value of the developer's interest in the land is nominal.

Clause 25 has been amended to empower the Commissioner of Buildings to have more effective powers to deal with management corporations which are not run properly and to empower the Minister to make regulations to prescribe the composition of the management council.

The Committee also decided to add a new provision to prohibit developers from levying maintenance charges without the approval of the Commissioner of Buildings from the time the building is completed until such time as the management corporation takes over the maintenance of the building. This would prevent any attempt to impose excessive charges.

Hon. Members are aware that in many high-rise buildings there are multi-storey car parks. In all these buildings which have been completed before the introduction of the Bill, the car parks are owned and controlled by the developers who, at the time of the sale of the housing units in the building, did not pass on the construction costs of the car parks to the purchasers. A new transitional provision in the Bill provides that in respect of such buildings used wholly or partly for industrial or commercial purposes and which have been completed, or where planning approval was granted, before the enactment of the Bill, the competent authority shall not require the developer to incorporate any car parking space therein as part of the common property of the building if the developer does not agree to do so.

Sir, I beg to move,

Question put, and agreed to,

Bill accordingly read a Third time and passed.