Housing (Miscellaneous Provisions) Act 2009

50.

Interpretation (Part 4).

50.— (1) In this Part—

“apartment” means a separate and self-contained dwelling in an apartment complex which requires arrangements for the upkeep and management of all or any part of the common areas, structures, works or services other than by the owner of the apartment;

“apartment assignment order” has the meaning given to it by section 64 (2);

“apartment complex” means land on which there stands erected a building or buildings, comprising or together comprising not less than 5 apartments (but not including any community apartment) and the common areas, structures, works and services;

“apartment complex service charge” has the meaning given to it by section 67 (1) and “ service charge ” shall be construed accordingly;

“apartment complex support fund” has the meaning given to it by section 70;

“ apartment complex transfer order ” has the meaning given to it by section 59;

“apartment owner” , in relation to an apartment (including a community apartment) in a designated apartment complex, means, subject to section 65 (1) (b)

(a) an apartment purchaser, or

(b) the housing authority, in the case of an apartment which has not been sold by the housing authority—

(i) under section 90 of the Principal Act, whether before or after the coming into operation of this Part, or

(ii) under this Part and any regulations made thereunder;

“apartment purchaser” means, subject to section 76, a person who purchases an apartment under this Part and includes a person in whom there subsequently becomes vested the interest of the apartment purchaser or his or her successor in title and the personal representative of that person or successor in title and references to “purchaser” shall be construed accordingly;

“apartment transfer order” has the meaning given to it by section 60;

“charging order” has the meaning given to it by section 74;

“charged period” has the meaning given to it by section 74;

“charged share” has the meaning given to it by section 74;

“common areas, structures, works and services” means, in relation to an apartment complex, areas, structures, works and services that are, or are intended to be, common to apartments (including community apartments) in the apartment complex and enjoyed therewith, including where relevant access and side roads, architectural features, circulation areas, footpaths, internal common stairways, open spaces, parking areas, utility rooms and that portion of the roof or exterior of any building not intended to form or not forming part of any individual apartment;

“community apartment” means an apartment in an apartment complex that is authorised by the housing authority to be used for activities for the common benefit or enjoyment of the occupiers of apartments in the apartment complex;

“current market value” means the price for which an apartment might reasonably be expected to be sold, on the open market, on the date of sale under section 76, in its existing state of repair and condition and not subject to the conditions specified in section 64 (5) or to a charging order;

“designated apartment complex” has the meaning given to it by section 55 (1);

“financial year”, in relation to a management company, means a period of 12 months ending on 31 December in any year, and, in the case of the first financial year of a management company, means the period commencing on the expiry of the period specified in section 63 (1) and ending on 31 December next following;

“initial selling period” has the meaning given to it by section 56 (2);

“management company” has the meaning given to it by section 57 (2);

“management company annual charges” has the meaning given to it by section 69;

“member” means a member of the management company;

“property management services” means services in respect of the management of an apartment complex carried out on behalf of a management company, and such services include—

(a) administrative services, and

(b) the procurement of or any combination of the maintenance, servicing, repair, improvement or insurance of the apartment complex or any part or parts of the apartment complex;

“purchase money”, in relation to an apartment, means the monetary value of the proportion of the purchase price of the apartment fixed by the housing authority, in accordance with regulations made under section 77 for the purposes of calculating the purchase money, as the proportion that is required to be paid to purchase the apartment;

“purchase price”, in relation to an apartment, means the price of the apartment determined by a housing authority in accordance with regulations made under section 77 for the purposes of calculating the purchase price;

section 53 proposal” has the meaning given to it by section 53;

“sell”, in relation to an apartment, means to sell or assign a leasehold estate or interest;

“sinking fund” has the meaning given to it by section 68 (1);

“sinking fund contribution” has the meaning given to it by section 68 (3);

“tenant” means the tenant of an apartment pursuant to a tenancy agreement between the household and a housing authority.

(2) Save where otherwise provided for by this Part—

(a) references in this Part to an apartment, shall not include a community apartment, and

(b) references in this Part to a tenant, shall not include any tenant of a community apartment.

(3) In this Part, save where the context otherwise requires, a reference to a transfer of ownership shall be construed as a reference to a deed of transfer, conveyance or assignment.