Section 23
Section 23
(1)
Except where it is transferred to the proprietor of a principal unit shown on the same strata plan, no accessory unit or any interest in it may be sold, leased, charged or otherwise disposed of or dealt with except as part of a sale, lease, charge, disposition or other dealing which includes a principal unit or a corresponding interest in a principal unit, provided that the proprietor of a principal unit included in the subsidiary strata title as an accessory unit may let the accessory unit on a weekly tenancy or on a tenancy determinable at the will of either of the parties by one month’s notice in writing.
(2)
No subsidiary strata title relating to an accessory unit shall be issued except as part of a subsidiary strata title relating to a principal unit.
(3)
No principal unit which is for the time being included in the same subsidiary strata title as an accessory unit, not being a subsidiary strata title issued under paragraph (a) of subsection (1) of section 21 and no interest in any such principal unit, may be sold, leased, charged or otherwise disposed of or dealt with except as part of a sale, lease, charge, disposition or dealing which includes the accessory unit or a corresponding interest in the accessory unit, as the case may be, or where there is a concurrent sale of the accessory unit in accordance with subsection (1).
(4)
Where any accessory unit is being transferred independently of a principal unit to a person who is the proprietor of a principal unit shown on the same strata plan, the memorandum of transfer in respect of the accessory unit shall contain a request to the Commissioner for the accessory unit to be included in the subsidiary strata title for the principal unit; and upon registration of the instrument of transfer the accessory unit shall become subject to all charges then affecting the principal unit.
Land Code (Strata)
(5)
Where an accessory unit is for the time being included in the subsidiary strata title as principal unit, the accessory unit may not be transferred apart from the principal unit while it remains subject to any charge.
(6)
Notwithstanding anything to the contrary in the Land Code
(Chapter 40), any purported sale, lease, charge, disposition or dealing with any unit in contravention of subsection (1) or (3) shall be void and of no effect, provided that nothing in this subsection shall affect the devolution of any unit upon the death of the proprietor of that unit to the administrator of that proprietor.
Rights attaching to units and common property.