Land Code (Strata) Act · 2000 Revised Edition · Part IV · Strata Corporation
29. Proceedings against proprietors and strata corporations
Official textFrom Attorney General's Chambers, unchanged
Where any proceedings are brought in any court of competent jurisdiction under the provisions of any written law or in tort or in respect of an alleged breach of any statutory duty and it is required by law that the proceedings be brought against the owner or occupier of any particular
Land Code (Strata)
land
“land” includes land of any tenure, any building or parts thereof, the air space above the surface, the surface of the land and such of the subsoil as is occupied by any buildings and related structures, but excludes the right to all minerals and mineral products including oil and gas;
parcel of land or premises, the provisions of this section shall apply notwithstanding any written law or rule of law to the contrary.
For the purposes of any proceedings to which this section applies —
the common property and each of the units shall be separate premises; and
where the proceedings are brought in respect of the common property, the strata corporation shall be deemed to be the owner and the occupier of the common property, and any judgment which may be awarded to the plaintiff shall be entered against the strata corporation accordingly:
Provided that, where the cause of action arose through the negligence or unauthorised act or omission of one or more of the proprietors or former proprietors, the strata corporation may join that proprietor or those proprietors as co-defendants, and judgment may be given against the strata corporation and such proprietor or proprietors jointly and severally.
The amount of any judgment including costs given jointly and severally as provided in subsection (2), may be recovered as a debt by the strata corporation from the proprietor or proprietors against whom judgment is given in an action in any court of competent jurisdiction.
proprietor
“proprietor”, in relation to any unit, means the person for the time being registered as proprietor of the stratum estate in the unit, provided that in sections 37, 38 and 49, where a person is in actual occupation of a unit under a binding agreement for sale and purchase, unless the context otherwise requires, the term
Where the defendant in any proceedings to which this section applies is the strata corporation, the proprietors of the units at the time when judgment is entered shall be deemed to have jointly guaranteed to the plaintiff the payment by the strata corporation of the full amount awarded by way of judgment.
The liability of each such proprietor under subsection (4) shall be limited to an amount equal to such part of the total sum payable by the strata corporation in accordance with the judgment, less the amount which the strata corporation can recover under any policy of insurance, and less any amount paid by a proprietor against whom judgment is given pursuant to subsection (2) or recovered from him pursuant to subsection (3), as is proportionate to the unit entitlement of his unit.
unit entitlement
“unit entitlement”, in relation to any unit, means the unit entitlement assigned to that unit under subsection (1) of section 13, section 51, 52 or 60; Application of Act.
Any amount recovered from a proprietor pursuant to subsection
, after satisfaction of the judgment by the strata corporation shall, subject
Land Code (Strata)
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to any right of set-off, be refunded to those proprietors who have made a payment under subsection (4) in proportion to the amount of their payments.
Where any proprietor pays to the plaintiff any sum which he is liable to pay under the provisions of subsection (4), that proprietor shall be entitled to recover the same as a debt in an action in any court of competent jurisdiction from the strata corporation.
Nothing in subsection (7) shall prevent the strata corporation in such an action from claiming any sum due to it from that proprietor under the provisions of this Act by way of set-off.
If the strata corporation at a general meeting so resolves, any sum payable by it in accordance with the provisions of this section may be paid out of any general fund established by it.
Terms defined in s 2
common property
Defined · s 2“common property” means common property within the meaning of paragraph (c) of subsection (1) of section 8;
land
Defined · s 2“land” includes land of any tenure, any building or parts thereof, the air space above the surface, the surface of the land and such of the subsoil as is occupied by any buildings and related structures, but excludes the right to all minerals and mineral products including oil and gas;
proprietor
Defined · s 2“proprietor”, in relation to any unit, means the person for the time being registered as proprietor of the stratum estate in the unit, provided that in sections 37, 38 and 49, where a person is in actual occupation of a unit under a binding agreement for sale and purchase, unless the context otherwise requires, the term
unit
Defined · s 2“unit”, in relation to any land, means a part of the land consisting of a space of any shape situated on or above the surface of the land, or below the surface of the land to the extent that any buildings or related structures occupy the subsoil, or partly in one such situation and partly in another or others, all the dimensions of which are limited, and that is designed for separate ownership;
unit entitlement
Defined · s 2“unit entitlement”, in relation to any unit, means the unit entitlement assigned to that unit under subsection (1) of section 13, section 51, 52 or 60; Application of Act.
Part V
Service Charges
Part VI
Insurance
Part VII
Rules of Strata Corporation
Part VIII
Variation Plans
Part IX
Part X
Expiry of Strata Plan
Part XI