PART III | Constitution of Board and objection to members of Board |
6.—(1) The registrar shall refer every application to the president who shall immediately constitute a Board for the purposes of determining by mediation-arbitration the dispute or matter to which the application relates. | (2) The registrar shall notify every party to the dispute or matter of the constitution of the Board. |
| (3) Any party to the dispute or matter who objects to any of the members of the Board for any reasonable cause shall, within 7 days of the date of the notification by the registrar under paragraph (2), file his objection with the registrar. |
| (4) An objection filed with the registrar under paragraph (3) shall state the grounds of the objection. |
| (5) The president may require the party who filed an objection under paragraph (3) to furnish to him, through the registrar, within such time as he may determine, such further information in relation to the objection as he considers necessary. |
(6) The registrar shall inform every party to the dispute or matter —| (a) | of the decision of the president to allow or disallow the objection; and | | (b) | of the constitution of the new Board, if the decision of the president is to allow the objection. |
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| (7) Where no objection is filed with the registrar within 7 days of the date of the notification by the registrar under paragraph (2), the registrar shall inform every party to the dispute or matter accordingly. |
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| Consolidation of applications |
7.—(1) Where 2 or more applications relating to the same dispute or matter are pending before a Board, a party to any of the applications may apply to the Board for some or all of the applications to be considered together by the Board. | (2) Before making a direction for any application to be considered together, the Board shall give every party concerned an opportunity to be heard. |
| (3) The Board may, on its own motion, direct that 2 or more applications relating to the same dispute or matter be considered together. |
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8.—(1) The registrar may require any party to any dispute or matter to attend before him, on such date and at such place as the registrar may determine, for the purpose of giving any direction with a view to —| (a) | facilitate the mediation by the Board of the dispute or matter; or | | (b) | the just and expeditious disposal of the arbitration hearing before the Board. |
| (2) The registrar shall notify every party required to attend before him at least 7 days before the attendance. |
(3) At the attendance before the registrar for directions, the registrar may, if he thinks fit —| (a) | give every party present an opportunity to be heard; and | | (b) | make all or any of the following directions: | (i) | require any party to furnish, within such time as may be required by the registrar, any document or other information which is within the power of that party to furnish; | | (ii) | allow every other party an opportunity to inspect the document and make copies thereof; | | (iii) | record the admission of any fact by any party; | | (iv) | determine a date after which no amendment may be made to any document filed with the registrar without the permission of the registrar; [S 528/2022 wef 01/07/2022] | | (v) | determine the time and place for the mediation, direction hearing or arbitration hearing of any dispute or matter by a Board; | | (vi) | such other direction as the registrar thinks fit. |
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| Procedure in relation to mediation |
9.—(1) The registrar shall give every party to a dispute or matter before a Board a notice of mediation at least 7 days before the date of the first mediation session.(2) When mediating in any dispute or matter before a Board, the Board may —| (a) | having regard to the needs of the parties, follow such procedures, structured or unstructured, or do such things as the Board considers appropriate to resolve the dispute or matter promptly and effectively; and | | (b) | receive any information, statement, admission, document or other material in any way that the Board thinks fit, whether or not it would be admissible in judicial proceedings. |
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| (3) Where the registrar has determined a time and place for the mediation by a Board at an attendance before the registrar, it shall not be necessary for the registrar to give a notice of mediation to any party to the dispute or matter present in person or by his representative at the attendance. |
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| No objection to collective sale application after mediation starts |
9A. Where an application under section 84A(1), 84D(2), 84E(3) or 84FA(2) of the Land Titles (Strata) Act (Cap. 158) is made to a Board, no objection —| (a) | under section 84A(4) or 84FA(4) of the Land Titles (Strata) Act to the sale of all the lots and common property in a strata title plan to which section 84A or 84FA of that Act, as the case may be, applies; or | | (b) | under section 84D(3) or 84E(5) of that Act to the sale of all the flats and the land in a development to which section 84D or 84E of that Act, as the case may be, applies, |
| shall be accepted by a Board on or after the first day set aside for mediation by the Board of matters that are in dispute between the objectors and the applicants to achieve a resolution of the dispute. |
[S 360/2010 wef 15/07/2010] |
| Stop orders for collective sale applications |
9B.—(1) Where —| (a) | an application is made under section 84A(1), 84D(2), 84E(3) or 84FA(2) of the Land Titles (Strata) Act to a Board; | | (b) | one or more objections have been filed under section 84A(4), 84D(3), 84E(5) or 84FA(4) of that Act, as the case may be, in relation to that application; and | | (c) | one or more of those objections are not withdrawn on the happening of either of the following events, whichever first occurs:| (i) | at the end of a period of 60 days starting from the first day set aside for mediation by the Board of matters that are in dispute between the objectors and the applicants to achieve a resolution of the dispute; or | | (ii) | after mediation by the Board has proceeded as far as it reasonably can in an attempt to achieve a resolution of the dispute but has nevertheless failed to resolve the dispute, |
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| the Board shall immediately cease mediation and give to every objector who filed an objection and the authorised representatives of the applicants, a notice of its intention to issue a stop order at least 7 days after the date of service of that notice. |
| (2) A Board shall issue a stop order in respect of an application made under section 84A(1), 84D(2), 84E(3) or 84FA(2) of the Land Titles (Strata) Act (Cap. 158) to the Board if, at the end of a period of 7 days after the notice of its intention to issue a stop order is so served under paragraph (1), one or more of the objections so filed under section 84A(4), 84D(3), 84E(5) or 84FA(4) of that Act, as the case may be, in relation to that application are not withdrawn. |
| (3) If, at the end of a period of 7 days after the notice of a Board’s intention to issue a stop order is so served under paragraph (1), all of the objections so filed under section 84A(4), 84D(3), 84E(5) or 84FA(4) of the Land Titles (Strata) Act, as the case may be, in relation to the application to the Board made under section 84A(1), 84D(2), 84E(3) or 84FA(2) of that Act, as the case may be, are withdrawn, regulation 10 shall apply and where applicable, the Board shall hear the applicants and, subject to section 84A(9), 84D(7), 84E(9) or 84FA(9) of that Act, render a decision and make an order under section 84A(6), 84D(4), 84E(6) or 84FA(5) of that Act, as the case may be, with respect to that application. |
| (4) In this regulation, “stop order” shall mean a section 84A stop order, a section 84D stop order, a section 84E stop order or a section 84FA stop order referred to in section 84A, 84D, 84E or 84FA, as the case may be, of the Land Titles (Strata) Act. [S 360/2010 wef 15/07/2010] |
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| Settlement after successful mediation |
10.—(1) When a dispute or matter is resolved by a Board through mediation, the parties to the dispute or matter shall sign the terms of the settlement agreement.| (2) Before the parties sign any terms of a settlement agreement, the Board must explain to the parties that those terms shall be final and binding and enforceable by the parties. |
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| Absence of persons at mediation session |
11. If, at the time appointed for the mediation by a Board of a dispute or matter, the applicant or any other party to the dispute or matter does not appear, the Board may, if satisfied that the absent party has been duly notified of the mediation session in accordance with regulation 9(1) and that the Board will be unable to bring about a settlement of the dispute or matter —| (a) | dismiss the application if the absent party is the applicant; or | | (b) | proceed in accordance with regulation 13 or 14. |
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| Interlocutory applications before registrar |
12.—(1) An interlocutory application may be made to the registrar for —| (a) | an order to amend any application or other document furnished to a Board under these Regulations; | | (b) | an order to extend the time required for the doing of any act under these Regulations; or | | (c) | any other order of an interlocutory nature. |
| (2) In the case of an interlocutory application under paragraph (1)(a), the applicant shall file with the registrar a statement of amendments together with his interlocutory application. |
| (3) Except as provided in paragraph (6), the applicant who files a statement of amendments under paragraph (2) shall, within 3 days after the filing, cause a copy of the statement to be served on every other party to the dispute or matter. |
| (4) An interlocutory application under paragraph (1)(a) shall not be made without the permission of the Board after such date as the Board may determine under regulation 13(4)(d). [S 528/2022 wef 01/07/2022] |
(5) In the case of an interlocutory application under paragraph (1)(b) or (c), the applicant shall —| (a) | state the grounds of the interlocutory application; and | | (b) | except as provided in paragraph (6), serve the interlocutory application on every party affected by it within 3 days after its filing with the registrar. |
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| (6) An interlocutory application to the registrar that is accompanied by the written consent of every party affected by the interlocutory application need not be served on such party. |
| (7) A party who desires to object to an interlocutory application may, within 7 days of being served with a copy of the interlocutory application, serve a written notice of objection to the interlocutory application on the registrar and the applicant. |
| (8) The registrar shall consider the written notice of objection to the interlocutory application and may, if he thinks fit, give the applicant and the party objecting an opportunity to be heard. |
| (9) An order made by the registrar pursuant to an interlocutory application shall be served on every applicant and respondent, whether or not affected by the order. |
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13.—(1) A Board may require any party to any dispute or matter to attend before the Board, on such date and at such place as the Board may determine, for the purpose of giving any direction with a view to the just and expeditious disposal of the arbitration proceedings before the Board.| (2) Except as provided in paragraph (3), the registrar shall notify every party required to attend before the Board at least 7 days before the attendance. |
| (3) Where the Board has determined a time and place for the direction hearing of any dispute or matter at an attendance before the Board, it shall not be necessary for the registrar to give a notice of hearing to any party present in person or by his representative at the attendance. |
(4) At the attendance before the Board for directions, the Board may, after giving every party present an opportunity to be heard, make all or any of the following directions:| (a) | require any party to furnish to the registrar, within such time as may be required by the Board, any document or other information which is within the power of that party to furnish; | | (b) | allow every other party an opportunity to inspect the document and make copies thereof; | | (c) | record the admission of any fact by any party; | | (d) | determine a date after which no amendment may be made to any document filed with the registrar without the permission of the Board; [S 528/2022 wef 01/07/2022] | | (e) | determine the time and place for a further direction hearing or the arbitration hearing of any dispute or matter; | | (f) | such other direction as the Board thinks fit. |
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| Notice of arbitration hearing |
14.—(1) Except as provided in paragraph (2), the registrar or a Board, as the case may be, shall give every party to the dispute or matter a notice of arbitration hearing at least 7 days before the arbitration hearing.| (2) Where the registrar or a Board has determined a time and place for the arbitration hearing of any dispute or matter at an attendance before the registrar or the Board, as the case may be, it shall not be necessary for the registrar or the Board to give a notice of arbitration hearing to any party present in person or by his representative at the attendance. |
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| Absence of persons at arbitration hearing |
| 15. If, at the time appointed for the arbitration hearing of a dispute or matter, the applicant or any other party to the dispute or matter does not appear, a Board may, if it is satisfied that the applicant or such other party who does not appear has been duly notified of the arbitration hearing in accordance with regulation 14, proceed with the arbitration hearing and make such order as the Board thinks fit. |
| 16. A summons to any person to attend before a Board under section 96 of the Act shall be served on that person at least 7 days before the date of attendance specified in the summons. |
| Appearance of persons before Board |
17.—(1) Without prejudice to section 94 of the Act, a Board may allow the following persons to appear in any mediation session, direction hearing or arbitration hearing before the Board:| (a) | in relation to an application under Division 2 of Part VI of the Act, every person who has made a written submission under regulation 4(2)(b); | | (b) | in relation to an application under section 84A, 84C, 84D, 84E or 84FA of the Land Titles (Strata) Act (Cap. 158) —| (i) | an authorised representative appointed under section 84A (2) of that Act; and [S 360/2010 wef 15/07/2010] | | (ii) | a subsidiary proprietor of any lot in a strata title plan referred to in section 84A(4) or 84FA(4) of that Act, or a proprietor of any flat in a development referred to in section 84D(3) or 84E(5) of that Act, who has filed an objection with the Board in respect of such application. [S 360/2010 wef 15/07/2010] | | (iii) | [Deleted by S 360/2010 wef 15/07/2010] |
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| (2) Nothing in paragraph (1) shall prevent the Board from allowing any other person whom the Board considers necessary to appear in any proceedings before the Board. |
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18.—(1) A Board shall not be bound to apply the rules of evidence applicable to civil proceedings in any court but may inform itself on any matter in such manner as it thinks fit. | (2) Before making an order in respect of any dispute or matter, the Board may make an on-site inspection of the premises which form the subject-matter of the dispute or matter. |
| (3) Notwithstanding paragraphs (1) and (2), the conduct of any party to any dispute or matter before a Board, or any confidential information that any such party had earlier disclosed to the Board during mediation thereof, shall not affect the Board’s decision as an arbitrator in the dispute or matter. |
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| 19. The record of proceedings of any arbitration hearing before a Board shall be signed by the president or deputy president presiding. |
| Adjournment of hearing, etc. |
| 20. Subject to section 84A(6A)(b), 84D(4A)(b), 84E(6A)(b) or 84FA(5A)(b) of the Land Titles (Strata) Act (Cap. 158), a Board may, in its discretion, adjourn a mediation session, direction hearing or arbitration hearing on any ground and may fix a time for a further mediation session or hearing. [S 360/2010 wef 15/07/2010] |
| Withdrawal of application |
21.—(1) An applicant may withdraw his application at any time before a Board brings about an agreement by mediation or has made an order. | (2) An applicant who desires to withdraw his application shall notify in writing the registrar and every other party to the dispute or matter to which the application relates. |
(3) The Board may order the applicant to pay the costs incurred by —| (a) | every other party to the dispute or matter; and | | (b) | the Board, |
| up to the time of service of his written notification. |
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| Recording of orders of Board, etc. |
22.—(1) The registrar shall cause every order made by a Board, and the date the order was made, to be recorded in a document signed by the president or deputy president presiding.| (2) An order made by a Board shall state the reasons for the order. |
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23.—(1) The registrar shall cause a copy of an order made by a Board and certified by him to be served on —| (a) | the applicant for the order or his authorised representative; | | (b) | every other party to the dispute or matter to which the application relates; and | | (c) | any other person who, in the opinion of the Board, may be affected by the order. |
| (2) A management corporation or subsidiary management corporation shall, within 72 hours of the receipt of an order served on it, cause a copy of the order to be prominently displayed on a notice board maintained by the management corporation on the common property or by the subsidiary management corporation on the limited common property. |
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