Section 27
Power of Court where subdivided building or land is damaged
of Strata (Subsidiary Titles) Ordinance, 2019
—
Where a subdivided building or land is damaged but is not totally destroyed, the Court on the application of the management corporation, a subsidiary proprietor or the registered chargee of any parcel may by order settle a scheme for the reinstatement or continued use of the building in whole or in part;
and any such scheme may include provision for the transfer of the interests of subsidiary proprietors of parcels which have been wholly or partially destroyed to the other subsidiary proprietors in proportion to their share units.
(2)
In the exercise of its powers under subsection (1), the
Court may make such orders as it deems necessary or expedient for giving effect to the scheme, including orders—
(a)
directing the application of insurance moneys received by the management corporation in respect of damage to the building;
(b)
directing payment of money by the management corporation or by the subsidiary proprietors or by one or more of them;
(c)
directing such amendment or replacement of the certified plan and such consequential amendment or replacement of the subsidiary register as the Court thinks fit;
or
(d)
imposing such terms and conditions as the Court thinks fit.
(3)
Where an application is made under subsection (1), any insurer who has effected insurance on the building to which the application relates (or on any part thereof) shall have the right to appear on the hearing of the application.