"common property" means so much of the lot as is not comprised in any parcel (including any accessory parcel), or any provisional block as shown in an approved strata plan;".

[15] The 1^st Defendant relied on exhibits ANS-4 and ANS-6 (see 1^st Defendant's Affidavit in Reply 2 and 3 in enclosures 9 and 11 respectively). The 1^st Defendant averred that exhibit ANS-4 is the official Site Plan (and Location Plan) certified by the Architect in February 1994 and it shows that there is indeed a separate plot and/or parcel which had been comprised for the Clubhouse. The 1^st Defendant contended that this separate plot or parcel for the Clubhouse had never been sold and it is shown in the Strata Plan as a parcel, and therefore the Clubhouse is considered a proprietary club owned by the Developer ie the 1^st Defendant, and a strata title has to be issued for the Clubhouse.

[16] There is no averment by the 1^st Defendant that exhibit ANS-4 is the Approved Plan. The recitals of the statutory SPA only refer to the Building Plans. The 1^st Defendant did not disclose the Building Plans or the provisional block plans.

[17] The Site Plan and Location Plan in exhibit ANS-4 has a notation at the far right of t

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