s 26 Amalgamation of whole of common property comprised in 2 or more parcels
26.—(1) This section applies where 2 or more management corporations have, in accordance with section 34(5) of the Building (Strata Management) Act 2004, passed their respective special resolutions to amalgamate their respective common properties; and the relevant management corporation must execute an instrument of transfer.[Act 12 of 2020 wef 01/10/2025] (1A) Upon registration of the instrument of transfer, such common property is amalgamated and held in the shares proportionate to their respective share values subject to the same covenants, conditions and encumbrances, and for the same term and tenure then held by the subsidiary proprietors in respect of their respective lots prior to the date of the registration of the transfer by the Registrar. (2) Such transfer must show the undivided proportionate shares to be held by each subsidiary proprietor named therein and must be executed by the relevant transferor management corporations. (3) The procedure laid down in section 23(2), (2A), (3) and (4) applies, with the necessary modifications, to the transferor management corporations and the subsidiary proprietors of the parcels to be amalgamated under this section. (4) Upon the amalgamation of the common property pursuant to the registration of the transfer by the Registrar —(a) the transferor management corporations are amalgamated into a single management corporation (called in this section the transferee management corporation) which is to be responsible for all matters relating to the management of the subdivided buildings and the common property relating thereto; (b) all the members of the transferor management corporations are the members of the transferee management corporation; (c) all the members of the management councils of the transferor management corporations are, until a new management council is elected for the transferee management corporation, deemed to be the members of the management council of the transferee management corporation; (d) all the properties of the transferor management corporations are deemed to be transferred to and vested in, and all the liabilities of the transferor management corporations are transferred to and become the liabilities of, the transferee management corporation; and (e) all legal proceedings pending by or against the transferor management corporations may be continued by or against the transferee management corporation. (5) In this section —“liabilities” includes duties; “properties” includes rights and powers of every description.