Mediation (LTSA)

Mediation

Land Titles (Strata) Act

PROCESS FLOWCHART

MEDIATION BEFORE A STRATA TITLES BOARD

The Strata Titles Board will mediate matters in dispute between the Objectors and the Applicants for a maximum 60-days period. The Board’s role in mediation is to ensure that the Applicants comply with the provisions under the Land Titles (Strata) Act (LTSA).

If the dispute cannot be successfully mediated by the Board at the end of 60 days starting from the date of the 1st mediation, or mediation has proceeded as far as it reasonably can but failed to resolve the dispute, whichever first occurs, with one or more of the objections not withdrawn, the Board shall order a discontinuance of mediation by way of a Stop Order.

The matter will then proceed to the High Court for determination. Applicants who wish to apply to the High Court must do so within fourteen (14) days after the Board issues the Stop Order.

Note: Under the 2010 amendments to the Land Titles (Strata) Act, provision is made for the transfer to the High Court for approval of en-bloc sale applications which cannot be successfully mediated by a Strata Titles Board.

WHO ATTENDS A MEDIATION

Both Applicants (representatives appointed by the majority owners) and their lawyers, and Objectors are required to attend the mediation(s) at Stata Titles Boards on the specified date and time. A lawyer may represent you.

Your dispute will be mediated by a panel consisting of the President/Deputy President and board members who could be lawyers, engineers, architects, quantity surveyors and property consultants.

All mediations are conducted at the Strata Titles Boards office located at URA Centre.

However, if you are unable to attend the mediation session(s), you may, by way of a letter of authority, authorise a representative in writing to attend the mediation and make decisions on your behalf. You may wish to refer to a specimen letter of authorisation under “Resources” if you are authorising a representative with full mandate.

Official Language

The official language used for all Stata Titles Boards proceedings is English.

Translation Services

If you require the services of an interpreter, please bring your own interpreter to assist you in the proceedings. Parties are to provide the particulars of their interpreter at least seven (7) working days before the mediation date.

Conduct and Decorum

Please check the date and time of the mediation/hearing and arrive ahead of the scheduled time. You have to dress appropriately and neatly. Visitors in singlets, shorts, slippers or other inappropriate attire will not be permitted to enter the mediation/hearing room. During the proceedings, you are required to switch off your mobile devices or switch them to silent mode. Video and audio recordings are not permitted.

WHAT DO I NEED TO BRING

Parties should bring along all relevant documents which you will refer to and rely on during the mediation session. If you intend to bring any documentation not previously submitted to the Board, you are required to prepare five (5) identical copies for submission to the Board on the day of your mediation session.

WHAT HAPPENS AFTER A MEDIATION

If all objections to the application are withdrawn before the end of that period, the Strata Titles Board will approve the application and order the collective sale unless the Board is satisfied that the transaction is not in good faith after taking into account the factors listed in section 84A(9) of the LTSA. Approval may be given regardless of there being subsidiary proprietors who have not signed the collective sale agreement but who have stayed silent and not filed any objections to the application.

If all remaining objections withdrawn

STB will fix date for hearing to determine that the en-bloc sale is in good faith. Only applicants/ their lawyers need appear at the hearing.

If there are remaining objections

If there are one or more of the objections filed against the application which are not withdrawn at the end of the period of 60 days, the Board is unable to hear the matter further and will issue a Stop Order (an order for a discontinuance of all proceedings (mediations) before it in connection with that application).

Strata Titles Board will first give seven (7) days’ notice, of its intention to make a Stop Order, to every objector who filed an objection to that application and the authorised representatives of the applicants. If, at the end of a period of 7 days after the notice was served on those parties, one or more of those objections filed remain (i.e. not withdrawn), the Board will issue the Stop Order. Please see details under hearing.