Land Code (Strata) Act · 2000 Revised Edition · Part X · Expiry of Strata Plan
64. Effect of expiry
Official textFrom Attorney General's Chambers, unchanged
Upon expiry of the strata plan —
strata plan
“strata plan” means a plan that has been or is intended to be certified under section 9;
the original proprietor shall become entitled to all buildings or other fixed improvements on the lot;
Land Code (Strata)
the proprietors of the units registered as such immediately before cancellation of the strata plan shall not be entitled to any compensation from an original proprietor arising directly or indirectly from the expiry of the strata plan;
every easement or other interest over any unit comprising part of the development shall be determined;
the memorandum entered on the original proprietor’s extract and in the Register in accordance with paragraph (b) of subsection (1)
of section 21 shall be deemed to be cancelled;
the original proprietor shall become immediately entitled to vacant possession of the lot and all buildings thereon and may exercise all remedies available at law to recover such possession.
Upon expiry of a strata plan, the strata corporation shall be deemed to be dissolved and, unless otherwise determined beforehand by unanimous resolution of the persons who were the proprietors immediately before the cancellation, all property not being part of the buildings or fixed improvements and all money including insurance money received by the strata corporation shall, subject to any right of setoff, be distributed among those persons according to their unit entitlements immediately before the expiry.
unanimous resolution
“unanimous resolution”, in relation to a strata corporation, means — (a) a resolution which is passed unanimously at a general meeting of the strata corporation at which every proprietor is present and votes either in person or by proxy; (b) a resolution which is passed unanimously at a general meeting of the strata corporation by every proprietor who is present, and votes either in person or by proxy and agreed to within 28 days after the date of the meeting, by every other proprietor who was entitled to be present and vote at the meeting or by his successor in title if he has ceased to be a proprietor after the meeting; or (c) where there is only one proprietor, a decision of that proprietor.
Notwithstanding anything in subsection (2), the strata corporation shall be deemed to remain in existence to the extent that any debt is owing by it and in respect of any action pending against it, and the liability of the persons who were the proprietors immediately before the expiry shall continue accordingly.
Terms defined in s 2
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;
lot
Defined · s 2“lot” means the whole of a separate area of land having a government survey lot number and registered with the Land Office;
original proprietor
Defined · s 2“original proprietor” means in relation to land being subdivided under this Act, the person who is immediately before the certification of a strata plan by the Commissioner, the proprietor of a lot and includes any successor in title, whether by operation of law or otherwise, of the original proprietor;
Register
Defined · s 2“Register” means the Register of land established in accordance with section 7 of the Land Code;
strata plan
Defined · s 2“strata plan” means a plan that has been or is intended to be certified under section 9;
unanimous resolution
Defined · s 2“unanimous resolution”, in relation to a strata corporation, means — (a) a resolution which is passed unanimously at a general meeting of the strata corporation at which every proprietor is present and votes either in person or by proxy; (b) a resolution which is passed unanimously at a general meeting of the strata corporation by every proprietor who is present, and votes either in person or by proxy and agreed to within 28 days after the date of the meeting, by every other proprietor who was entitled to be present and vote at the meeting or by his successor in title if he has ceased to be a proprietor after the meeting; or (c) where there is only one proprietor, a decision of that proprietor.
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;
Part XI