Liability for taxes

(1) Subject to the provisions of this section, in relation to any parcel, (a) the Corporation; and (b) the proprietors of strata lots in that parcel, to the extent prescribed in section 4 (4) (c) of this Act, shall be jointly and severally liable for all land tax and property tax payable in respect of that parcel. (2) The relevant local authority in the case of property tax, and the Commissioner of Lands and Surveys in the case of land tax, may on its or his own initiative or consequent on agreement with the proprietor of a strata lot or the Corporation, may, by memorandum in writing to the proprietor of a strata lot and to the Corporation, direct that the proprietor shall, to the exclusion of the Corporation, be responsible for the payment of any property tax or land tax payable in respect of the strata lot to which the direction relates, and thereupon or from such date as may be specified in the memorandum, the property tax or land tax shall be recovered as if, (a) the proprietor of the strata lot were the owner in fee simple in possession of the lot and it were a separate parcel of land having a property tax or land tax liability equal to the appropriate tax apportioned to it under paragraph (c) of this subsection; 25 (b) that proprietor were, subject to any exemptions or concessions that may be applicable to him or to the lot of which he is proprietor, liable for any tax made or levied on the owners or other person in possession of the land; and (c) the tax on the lot were an amount that bears to the total tax payable on the parcel, the same proportion as the unit entitlement of that lot bears to the aggregate unit entitlement. 26 SCHEDULE 1 STRATA TITLE REGISTRATION ACT Proprietors (Sections 2, 15 (2) (a) and (3)) 1. A proprietor shall, (a) permit his Corporation and its agents at all reasonable times on notice (except in case of emergency when no notice shall be required), to enter his strata lot for the purpose of inspecting it and maintaining, repairing or renewing pipes, wires, cables, and ducts for the time being existing in the strata lot and capable of being used in connection with the enjoyment of any other strata lot or common property, or for the purpose of maintaining, repairing or renewing common property, or for the purpose of ensuring that the by-laws are being observed; (b) pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of his strata lot; (c) repair and maintain his strata lot, and keep it in a state of good repair, reasonable wear and tear, and damage by fire, storm, tempest or act of God, excepted; (d) use and enjoy the common property in such a manner as not unreasonably to interfere with the use and enjoyment thereof by other proprietors or their families or visitors; Strata Titles Registration 27 (e) not use his strata lot or permit it to be used in such manner or for such purpose as shall cause a nuisance or hazard to the occupier of any other strata lot (whether a proprietor or not) or any member of the household or any guest of such occupier; (f) notify the Corporation forthwith upon any change of ownership or of any mortgage, charge or other dealing in connection with his strata lot. The Corporation 2. Every Corporation shall, (a) control, manage and administer the common property for the benefit of all proprietors; (b) keep in a state of good and serviceable repair and properly maintain the fixtures and fittings (including elevators) used in connection with the common property; (c) where practicable, establish and maintain suitable lawns and gardens on the common property; (d) maintain and repair (including renewal where reasonably necessary) pipes, wires, cables and ducts for the time being existing in the parcel and capable of being used in connection with the enjoyment of more than one strata lot or common property; (e) on the written request of the proprietor, or registered chargee of a strata lot, produce to such proprietor or chargee, or any person 28 Strata Titles Registration authorised in writing by such proprietor or chargee, the policy or policies of insurance effected by the Corporation, and the receipt or receipts for the last premiums in respect thereof. 3. The Corporation may, (a) purchase, hire or otherwise acquire personal property for use by proprietors in connection with their enjoyment of common property; (b) borrow moneys required by it in the performance of its duties or the exercise of its powers; (c) secure the repayment of moneys borrowed by it, and the payment of interest thereon, by negotiable instrument, or charge of unpaid contribution (whether levied or not), or charge of any property vested in it, or by combination of those means; (d) invest as it may determine any moneys in the fund for administrative expenses; (e) make an agreement with the proprietor or occupier of any strata lot for the provision of amenities or services by it to such strata lot or to the proprietor or occupier thereof; (f) do all things reasonably necessary for the enforcement of the by-laws and the control, management and administration of the common property. Strata Titles Registration 29 General Meetings 4. A general meeting of proprietors shall be held within three months after registration of the strata plan. 5. Subsequent general meetings (hereinafter referred to as annual general meetings) shall be held once in each year, Provided that not more than fifteen months shall elapse between the date of one annual general meeting and that of the next. 6. All general meetings other than the annual general meetings shall be called extraordinary general meetings. 7. Every Corporation may, whenever it thinks fit and shall upon a requisition in writing made by proprietors entitled to twenty-five per centum of the total unit entitlement of the strata lots, convene an extraordinary general meeting. 8. Seven days’ notice of every general meeting specifying the place, the date and the hour of the meeting and, in case of special business, the general nature of such business, shall be given to all proprietors and registered first chargees who have notified their interest to the Corporation, but accidental omission to give such notice to any proprietor or to any registered first chargee of non-receipt of such notice shall not invalidate any proceedings at any such meeting. 9. All business shall be deemed special that is transacted at an annual or extraordinary general meeting, with the exception of the consideration of accounts. 10. Save as is in these by-laws otherwise provided, no business shall be transacted at any general meeting unless a quorum of persons entitled to vote is present at the time when the meeting proceeds to business. One half of the persons 30 Strata Titles Registration entitled to vote present in person or by proxy shall constitute a quorum. 11. If, within half an hour from the time appointed for a general meeting a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same time and place, and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting the persons entitled to vote present shall be deemed a quorum. 12. At the commencement of a general meeting, a Chairperson of the meeting shall be elected. The Executive Committee 13. There shall be an Executive Committee of every Corporation which shall, subject to any restriction imposed or direction given at a general meeting, exercise the powers and perform the duties of the Corporation. 14. The Executive Committee shall consist of not less than three nor more than nine proprietors and shall be elected at the first general meeting of the Corporation and thereafter at each annual general meeting, Provided that where there are not more than three proprietors, the Executive Committee shall consist of all the proprietors. 15. Except where the Executive Committee consists of all the proprietors, the Corporation may by resolution at an extraordinary general meeting remove any member of the Executive Committee before the expiration of his term of office and appoint another proprietor in his place to hold office until the next annual general meeting. 16. Any casual vacancy on the Executive Committee may be filled by the remaining members thereof. Strata Titles Registration 31 17. The quorum of the Executive Committee shall be such number as the committee may fix from time to time, being not less than one-half the number of members thereof. 18. At the commencement of each meeting the Executive Committee shall elect a Chairperson for the meeting, and if any Chairperson so elected vacates the chair during the meeting, the Executive Committee shall elect in his stead another Chairperson. 19. At meetings of the Executive Committee, all matters shall be determined by simple majority vote and the Chairperson shall, in addition to an original vote, have a casting vote in any case in which voting is equal. 20. Subject to the provisions of these by-laws, the Executive Committee shall have power to regulate its own procedure. 21. The Executive Committee may, (a) employ, for and on behalf of the Corporation, such agents and servants as it thinks fit in connection with the control, management and administration of the common property and the exercise and performance of the powers and duties of the Corporation; (b) subject to any restriction imposed or direction given at a general meeting, delegate to one or more of its members such of its powers and duties as it thinks fit, and may at any time revoke such delegation. 22. The Executive Committee shall, (a) keep minutes of its meetings; 32 Strata Titles Registration (b) cause proper books of account to be kept in respect of all moneys received and spent by it; (c) prepare proper accounts relating to all moneys of the Corporation, and the income and expenditure thereof, to be submitted at each annual general meeting; (d) on the application of a proprietor or a chargee, or any person authorized in writing by either of them, make the books of account available for inspection at all reasonable times. 23. The validity of the proceedings of the Executive Committee shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of a member thereof. Voting 24. At any general meeting, a resolution by the vote of the meeting shall be decided on a show of hands unless a poll is demanded by any proprietor present in person or by proxy. Unless a poll is so demanded, a declaration by the Chairperson that a resolution has on the show of hands been carried shall be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution, a demand for a poll maybe withdrawn. 25. A poll, if demanded, shall be taken in such manner as the Chairperson thinks fit, and the result of the poll shall be deemed to be the resolution of the meeting at which such poll was demanded. Strata Titles Registration 33 26. In the case of equality in the votes, whether on a show of hands or on a poll, the Chairperson of the meeting shall be entitled to a casting vote in addition to his original vote. 27. On a show of hands, each proprietor shall have one vote; on a poll, the votes of proprietors shall correspond with the unit entitlement of their respective strata lots. 28. On a show of hands or on a poll, votes may be given either personally or by proxy. 29. An instrument appointing a proxy shall be in writing under the hand of the appointee or his attorney, and may be either general or for a particular meeting. A proxy need not be a proprietor. 30. Except in cases where by or under this Act a unanimous resolution is required, no proprietor shall be entitled to vote at any general meeting unless all contributions payable in respect of his strata lot have been duly paid. 31. Co-proprietors may vote by proxy jointly appointed by them, and in the absence of such proxy shall not be entitled to vote on a show of hands, except when the unanimous resolution of proprietors is required by this Act; but any one co-proprietor may demand a poll. On any poll, such a proprietor shall be entitled to such part of the vote applicable to a strata lot as is proportionate to his interest in the strata lot. The joint proxy (if any) on a poll shall have a vote proportionate to the interests in the strata lot of such of the joint proprietors as do not vote personally or by individual proxy. 32. Where proprietors are entitled to successive interests in a strata lot, the proprietor entitled to the first interest shall alone be entitled to vote, whether on a show of hands or a poll; and this by-law shall be applicable whether by this Act the unanimous resolution of proprietors is required or not. 34 Strata Titles Registration 33. Where a proprietor holds his strata lot as a trustee, he shall exercise the voting rights in respect of the strata lot to the exclusion of persons beneficially interested in the trust, and such person shall not vote. Use of Common Seal 34. Every Corporation shall, at the first general meeting held after registration of the strata plan, and may from time to time, at subsequent general meetings, determine how the common seal of the Corporation shall be used. Strata Titles Registration 35 SCHEDULE 2 STRATA TITLE REGISTRATION ACT Prohibited Use of Strata Titles (Sections 15 (2) (b) and (3)) 1. A proprietor shall not, (a) use his strata lot for any purpose which may be illegal or injurious to the reputation of the building; (b) make undue noise in or about any strata lot or common property; or (c) keep any animals on his strata lot or common property after receiving notice from the Executive Committee requiring him to refrain from so doing. 2. When the purpose for which a strata lot is intended to be used is shown expressly or by necessary implication on or by the registered strata plan, the proprietor of such strata lot shall not use it or permit it to be used for any other purpose.