6) Concessions for Collective Sale Procedures
Concessions for Collective Sale Procedures
Introduction
Under the COVID-19 (Temporary Measures) Act and COVID-19 (Temporary Measures) (Temporary Measures for Conduct of Collective Sale of Property) Order 2020 (“Order”), the Minister for Law may grant concessions for deadlines/procedures specified in the Land Titles (Strata) Act (“LTSA”) on a case-by-case basis.
The deadlines specified within the LTSA ordinarily ensure that Collective Sale Committees (“CSCs”) implement the collective sale process in a timely manner. Nonetheless, some CSCs’ ability to adhere to the deadlines may have been genuinely and materially affected by COVID-19, given the challenges posed to the process. In such cases, the CSC may apply to the Minister of Law for consideration of their circumstances.
Process
To make an application for an extension, the CSC chairperson (“the applicant”) is required to submit the completed Form A1 linked below, no later than 25 March 2021. Please note that only CSCs constituted before 25 March 2020 may apply for an extension.
Following the submission, the applicant is required to serve a copy of the application and Form A2 (also linked below) on all affected parties stipulated in Paragraph 2 of the Order within 10 working days, and affix a copy of the application to a conspicuous part of each building comprised in the strata title plan or development, as the case may be. The manner of service is stipulated within the Order, which is linked below.
Upon receipt of a copy of the application and Form A2 from the applicant, affected parties will be allowed to submit their objections (if any) to the application using Form A2 within 10 working days.
Both Forms A1 and A2 can be submitted via this link, by selecting the category “COVID-19 Temporary Measures” and sub-category “Collective Sale of Property”. All applications and objections will be taken into account in the decision on whether any concession will be granted.
Upon notification of the application outcome, an applicant is required to serve a copy of the notice of application outcome on all affected parties within 10 working days, and affix a copy of the notice of application outcome to a conspicuous part of each building comprised in the strata title plan or development, as the case may be.
Additional Resources
- COVID-19 (Temporary Measures) (Temporary Measures for Conduct of Collective Sale of Property) Order 2020
- Form A1 – Application for Concession on Collective Sale of Property Affected by COVID-19 Event
- Form A2 – Objection to Application for Concession on Collective Sale of Property Affected by COVID-19 Event