§ 97 — Amendment of Building Maintenance and Strata Management Act 2004

97. The Building Maintenance and Strata Management Act 2004 is amended —(a)

by inserting, immediately before the definition of “immediate family member” in section 2(1), the following definition:“ “fixed EV charger” has the meaning given by section 2 of the Electric Vehicles Charging Act 2022;”;

(b)

by deleting the words “subsection (3)” in section 29(1) and substituting the words “subsections (1A), (1B) and (3)”;

(c)

by inserting, immediately after subsection (1) of section 29, the following subsections:“(1A) To avoid doubt, it is the duty of a management corporation to properly maintain and keep in a state of good and serviceable repair (including, where reasonably necessary, renew or replace) any fixed EV charger that is owned by the management corporation and installed in the common property.

(1B) Subsection (1)(d) does not apply to or in relation to any matter falling within section 34A(1).

(1C) The installation of any fixed EV charger in the common property does not in itself make the fixed EV charger part of the common property.”;

(d)

by inserting, immediately after subsection (3) of section 32, the following subsection:“(3A) Despite subsection (3)(d), any by‑law for the purpose of controlling and managing the use or enjoyment of any parking lot within the common property that has fixed EV chargers installed may be made, amended, added to or repealed by a management corporation pursuant to an ordinary resolution.”;

(e)

by inserting, immediately after subsection (2) of section 34, the following subsection:“(2A) Subsections (1) and (2) do not apply to or in relation to any matter falling within section 34A(1).”; and

(f)

by inserting, immediately after section 34, the following section:“Ordinary resolution for installation, etc., of fixed EV chargers in common property

34A.—(1) A management corporation may, subject to subsection (2) and the approval from the relevant authority, and pursuant to an ordinary resolution, execute on behalf of its subsidiary proprietors —(a)

a lease of or rent, or licence of, any part of the common property to any person for the installation of a fixed EV charger, for a period that does not exceed 10 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 10 years; or

(b)

an agreement for the uninstallation of a fixed EV charger that is installed in any part of the common property under a lease, rent or licence mentioned in paragraph (a).

(2) For the purpose of subsection (1), the management fund or sinking fund must not be used for the installation or uninstallation of any fixed EV charger in the common property.”.

“(1A) To avoid doubt, it is the duty of a management corporation to properly maintain and keep in a state of good and serviceable repair (including, where reasonably necessary, renew or replace) any fixed EV charger that is owned by the management corporation and installed in the common property.

(1B) Subsection (1)(d) does not apply to or in relation to any matter falling within section 34A(1).

(1C) The installation of any fixed EV charger in the common property does not in itself make the fixed EV charger part of the common property.”;

“(3A) Despite subsection (3)(d), any by‑law for the purpose of controlling and managing the use or enjoyment of any parking lot within the common property that has fixed EV chargers installed may be made, amended, added to or repealed by a management corporation pursuant to an ordinary resolution.”;

“(2A) Subsections (1) and (2) do not apply to or in relation to any matter falling within section 34A(1).”; and

—(1) A management corporation may, subject to subsection (2) and the approval from the relevant authority, and pursuant to an ordinary resolution, execute on behalf of its subsidiary proprietors —(a)

a lease of or rent, or licence of, any part of the common property to any person for the installation of a fixed EV charger, for a period that does not exceed 10 years and cannot be extended by exercise of any option of renewal to exceed an aggregate of 10 years; or

(b)

an agreement for the uninstallation of a fixed EV charger that is installed in any part of the common property under a lease, rent or licence mentioned in paragraph (a).

(2) For the purpose of subsection (1), the management fund or sinking fund must not be used for the installation or uninstallation of any fixed EV charger in the common property.”.