Section 46 — STRATA TITLES (AMENDMENT) ACT 2013

Quoted provision

Section 1

In this Schedule, unless the context otherwise requires—

“computerized strata register” means any record of the strata register which consists of the computerized document of the strata register index, every computerized register document of strata title and copies of the digital certified strata plan corresponding to each parcel and, if any, provisional blocks registered under this Schedule;

“document of strata titles” means any computerized register document of title or computerized issue document of title stored virtually in the land database, and includes a print-out thereof;

“electronic strata titles system” means a system of the integrated Electronic

Land Administration System which relates to the electronic processing of applications for strata titles, registration of strata titles, documents required to be prepared thereby and any entry in any document of title through the use of a computer;

“existing document of a computerized strata register record” means any computerized strata register record which consists of existing documents of strata register index, documents of strata register statements, copies of certified strata plans and every register document of strata title corresponding to each parcel and, if any, provisional blocks registered before or after the commencement of the Electronic Land Administration System;

“existing document of title” means any register document of title or issue document of title issued manually or by use of computer registered before or after the commencement of the Electronic Land Administration System;

“the Act” means the Strata Titles Act 1985 [Act 318];

“the Code” means the National Land Code 1965 [Act 56/1965].

47

Strata Titles (Amendment)

Quoted provision

Section 2

Construction of the Schedule

This Schedule shall be read and construed with the Sixteenth Schedule of the Code as if it forms part thereof.

Mode of making an entry on a document of title under the electronic strata titles system

Quoted provision

Section 3

For the purposes of this Act, whenever an entry is required to be made on the computerized document of title, the Registrar shall—

(a)

make the entry; and

(b)

prepare a new computerized document of title and shall cancel and destroy the previous version of the computer printed document of title.

Form for computerized document of title

Quoted provision

Section 4

(a)

the computer register document of title shall be in Form 4e in respect of a parcel or in Form 4ae in respect of a provisional block, of this

Schedule; and

(b)

the computer printed issue document of title in the same form as specified in subparagraph 1(a).

Plan for computerized document of strata titles

Quoted provision

Section 5

The Registrar shall issue the plan attached to Form Se of the individual parcel or provisional block, including the plan of accessory parcel, if any, separately to the proprietor and shall duly authenticate under his digital signature.

Quoted provision

Section 6

Mode of preparing a record of computerized strata register

(a)

computerized document of strata register index in Form 2e to the individual parcel and, if any, appurtenant accessory parcels and to the individual provisional block, if any, comprised in the lot;

(b)

a computerized document of strata register statement in Form 3e;

48

(c)

a copy of the certified strata plan as approved by the Director of

Survey pursuant to paragraph 13(1)(a) of the Act; and

(d)

every computer register document of title in Form 4e or in Form 4ae, as the case may be.

(2)

Notwithstanding paragraph 15(2)(b), every book of computerized strata register under this Schedule shall exclude any statement in Form 3e as those statement contains all memorials, endorsements and other entries appearing in the register document of the title to the land, which relate to matters capable of affecting any of the parcels or any of the provisional blocks held by strata title or provisional strata title which is subsidiary thereto, not being matters capable of affecting one only of the parcels, or one only of the provisional blocks.

Conversion to documents of computerized strata register

Quoted provision

Section 7

(2)

An existing register documents of title shall continue to be in operation and valid for all purposes of the Act until a computerized document of title is prepared under this Schedule and duly authenticated by the Registrar.

(3)

After the conversion of an existing register document of title, the existing issue document of title in respect thereof shall continue to be in operation and valid for all purposes of this Act until the relevant computer printed issue document of title is prepared and issued to the proprietor.

(4)

In respect of an existing document of title prepared under this Act, the computer printed document of title shall be prepared as in Form 2e, 3e,

4e or 4Ae, as the case may be.

(5)

In respect of an existing document of title registered under the Code, the computerized document of title shall be deemed to be a process for the preparation of title-in-continuation under this Schedule.

(6)

Upon the conversion of an existing document of title to a computer printed document of title under the preceding subparagraphs, the Registrar—

(a)

may produce the plan to be attached to Form Se and shall be duly authenticated under his digital signature;

(b)

shall make a note of cancellation on the existing register document of title to the effect that the title in question has been converted to the computerized document of title; and

(c)

shall destroy the existing document of title when submitted to him.

49

Strata Titles (Amendment)

Mode of preparing document of title

Quoted provision

Section 8

(2)

Every computerized strata register prepared under this Schedule shall be viewed via a computer for any verification purposes.

(3)

Upon request by the Registrar or for any purposes of the Act or any other related laws, every computerized strata register prepared under this

Schedule shall be printed out in the respective form accordingly as a copy of computerized register document of title or computerized issued document of title or computerized strata register.

Delivery to registered proprietor of a copy of the plan

Quoted provision

Section 9

Where a document of title is prepared upon subdivision of building, or building and land, or subdivision of land into land parcel, or title-in-continuation effected by subdivision of parcel, or amalgamation of parcels, or subdivision of a provisional block upon completion, or replacement of a computer printed register document of title, the Registrar shall deliver to the proprietor the computerized issue document of title together with a copy of the plan of the parcel or provisional block attached to Form Se, and shall be duly authenticated under his digital signature.

Conclusive evidence 10.

For the purposes under section 15 to 19 of this Act, every document of a book of computerized strata register virtually stored in the land database shall be conclusive evidence of the particulars recorded therein.

Effect of opening the computerized strata register record under the electronic strata titles system 11.

For the purpose of subsection 17(1) and upon authenticating the computerized document of title in respect of the parcel or the provisional block, the Registrar shall immediately enter on the computerized register document of title to the lot in question, a memorial to the effect that the book of computerized strata register has been opened, that the rent has been transmitted to each parcel or provisional block in accordance with share unit entitlements, and that the common property is vested in the management corporation. A memorial required to be stated therein shall be authenticated under the digital signature of the Registrar.

50

Presentation Record 12.

(1)

The Registrar shall maintain a record, to be called the “Presentation

Record” in which shall be entered a short description of every matter presented or corrected for registration or entry, as the case may be.

(2)

The Presentation Record shall consist of—

(a)

the presentation number given by the computer in respect of each matter presented;

(b)

the date and time of presentation;

(c)

a description of the matter;

(d)

in the case of dealing, the name of the person presenting the matter;

(e)

the title description of the parcel and land parcel affected by the presentation; and

(f)

a note whether the matter has been registered, endorsed, or entered, as the case may be, or rejected or withdrawn.

(3)

The “Presentation Record” under this paragraph shall form part of the Presentation Record under paragraph 12 in the Sixteenth Schedule to the

Code.

Correction Record 13.

The Registrar shall maintain a record, to be called the “Correction Record”

in which shall be entered a short description of every matter presented or corrected for registration or entry, as the case may be.

Contents of computerized document of title to be verified

Quoted provision

Section 14

(2)

After the Registrar has registered any instrument of dealing or enter any other matter into a computer printed document of title, the verification document shall be virtually stored in land database upon his authentication.

Mode of registering instrument 15.

For the purpose of paragraph 304(2)(a) of the Code, the memorial in the term set out in subsection 304(3) thereof shall be entered into the computer in respect of the register document of title to which the parcel relates.

51

Strata Titles (Amendment)

New computerized printed issue document of title 16.

Upon making the memorial in the manner provided in paragraph 14

where it relates to a dealing or upon determining that any other matter shall be entered into any document of title, the Registrar shall —

(a)

cause to be updated the register document of title kept in the land database; and

(b)

cause to be printed a new computerized issue document of title.

Conclusiveness of registration of title

Quoted provision

Section 17

(2)

Notwithstanding the requirement of authentication under subparagraph

(1)

, the requirement of seal under Registrar’s authentication shall be considered to be dispensed with.

Termination of the relevant record of strata register

Quoted provision

Section 18

(a)

enter a memorial of the notification of intended termination of subdivision in every computerized register document of title and other document of the relevant record of computerized strata register and shall authenticate the same under his digital signature;

(b)

enter a note in the computerized register document of title of such lot to the effect that the proprietorship and rent affecting the parcels and provisional blocks shall cease to be operative, and the management corporation shall become the proprietor of the said lot as trustee of the former proprietors of strata titles;

(c)

inform the Director of Survey of the entry of a memorial made under subparagraph (a); and

(d)

cancel the relevant record of computerized strata register subject to a direction under paragraph 57(4)(d).

(2)

Notwithstanding the termination of a subdivision under this paragraph, the relevant record of computerized strata register shall continue in existence in the land database while the management corporation remains the proprietor of the lot and may be used in evidence as a record of matters relating to the subdivision before its’ termination.

52

FORM 2e

[Sixth Schedule]

STRATA REGISTER INDEX

State

:

District

:

*Town/Village/Mukim

:

Title No.

:

Lot No.

:

Area

:

File Reference No.

:

Name of Management Corporation

:

Address of Management Corporation

:

Address for Service of Documents

:

Computer Strata Register Record No.

:

SUMMARY OF CONTENTS

Building/Provisional block/Land parcel

Purpose

No. of parcels

Share units/

Provisional share units

Building/s

M1 .. .. ..

M2 .. .. ..

…………………...

…………………..

………………….

……………………..

Provisional Block/s

P1 .. .. ..

P2 .. .. ..

…………………...

—

……………………...

Land Parcel

L1-L .. .. ..

…………………...

……………………...

Provisional Block/s

(Land Parcel)

PL1 .. .. ..

PL2 .. .. ..

…………………...

—

……………………...

Total

…………………….

………………………

Total number of folios in certified strata plan ……………………………

Title ID

: ………………

Date

: ………………

Version No. : ………………

Page

: ………………

53

Strata Titles (Amendment)

DETAILED INDEX

Page no.

of title of parcel/

Provisional block/Land parcel

Building/

Provisional block/Land parcel

List of storeys/Land parcels and plan folio

List of parcels/

Land parcel

Share units of each parcel/

Provisional block/Land parcel

Rent of each parcel/

Provisional block/Land parcel

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

BUILDING/S:

[Use M1,

M2, etc to denote completed building]

M1 .. ..

Storey

No…

(Plan

Folio No.

……......…)

Parcel ……

……………

Subtotal

…….........

…………

Subtotal

..............…

M2 .. ..

etc.

Storey

No…

(Plan

Folio No.

….......……)

Parcel ……

……………

Subtotal

……........

…………

Subtotal

….........…

PROVISIOnal

BLOCK/S:

[Use

P1,P2, etc to denote provisional blocks]

54

Page no.

of title of parcel/

Provisional block/Land parcel

Building/

Provisional block/Land parcel

List of storeys/Land parcels and plan folio

List of parcels/

Land parcel

Share units of each parcel/

Provisional block/Land parcel

Rent of each parcel/

Provisional block/Land parcel

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

P1 .. ..

(Plan

Folio No.

………)

—

……………

…………

P2 .. ..

etc.

(Plan

Folio No.

………)

—

……………

Subtotal

……………

…………

Subtotal

……………

LAND

PARCEL/S:

[Use

L1,L2, etc to denote land parcel.

*State the first and the last parcel]

L1-L ... ...

etc.

(Plan

Folio No.

………)

L1 ... ...

L2 ... ...

L3 ... ...

……………

Subtotal

……………

…………

Subtotal

……………

Provisional

Block/s

(Land

Parcel)

[Use PL1, PL2, etc. to denote provisional blocks (land parcel)]

55

Strata Titles (Amendment)

Page no.

of title of parcel/

Provisional block/Land parcel

Building/

Provisional block/Land parcel

List of storeys/Land parcels and plan folio

List of parcels/

Land parcel

Share units of each parcel/

Provisional block/Land parcel

Rent of each parcel/

Provisional block/Land parcel

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

PL1 ... ...

PL2 ... ...

etc.

(Plan Folio

No. ...)

(Plan Folio

No. ...)

—

……………

Subtotal

……………

…………

Subtotal

………….

Total:

………….

………...

(Continuation sheets to be added as required)

LIST OF ACCESSORY PARCELS

+ Accessory Parcel

++ Location of

Accessory Parcel

Parcel or Provisional

Block to which

Accessory Parcel is

Appurtenant

Purpose

*Enter as appropriate

+For purposes of identifying an accessory parcel, prefix the letter A to the number of the accessory parcel

++If the accessory parcel is located within a building, indicate the location by reference to the building no. and the storey no.

Title ID

: ……………….

Date

: ……………….

Version No. : ……………….

Page

: ……………….

56

FORM 3e

[Sixth Schedule]

STRATA REGISTER STATEMENT book for the title No. ..........

The appended schedule contains all those memorials, endorsements and other entries, appearing this day in the register document of the above title, which relate to matters capable of affecting any of the parcels or any of the provisional blocks from this day held by strata title or provisional strata title which is subsidiary title thereto, not being matters capable of affecting one only of the parcels, or one only of the provisional blocks.

Dated this …………….day of ………….20…………….

…………………..………………….

Digital Signature of Registrar