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What to know as a Condo Owner

Info-pack for Subsidiary Proprietors (SPs):

What to Know as a Condo Owner


This info-pack serves as an introduction to your new role as an owner of a condominium unit i.e. a subsidiary proprietor (SP). It will help you gain a better understanding of your duties, responsibilities, rights and restrictions, and provide you with knowledge on how strata titled developments (e.g. condominiums) are managed under the regulatory framework. Whether you have purchased the condo unit as a place of residence or as an investment, it is important for you to understand these concepts as they may directly affect you as a unit owner.

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infopack

SECTION 5

Dealing with disputes

In a densely built up environment, it is important to play a part in making our living environment more pleasant for all by being good neighbours. Tolerance, mutual understanding, and communication can help us achieve this. However, occasional personal conflicts may still arise. In cases of neighbourly disputes, all affairs and disputes between you and your neighbour or management council are considered private affairs. As a unit owner (i.e. subsidiary proprietor ‘SP’), you will have to manage neighbourly disputes and conflicts privately.

If you are unable to privately resolve disputes or arguments with the involved parties, you should seek mediation channels to settle the disputes or apply to the Strata Titles Boards (STB) for resolution. Government agencies are generally not empowered to compel the actions of individuals in these private matters.


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1.   Speak to the other party calmly

Regardless of the issue, the first step to resolving a dispute is always to approach the other party calmly with the intention of resolving the issue and where possible, provide a suggestion on how to go about doing so.


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2.   Approach your Management Corporation (MC) or managing agent (MA)

If speaking with the other party yields no resolution, you may seek assistance from the management corporation (MC) - even if the issue involves the managing agent (MA) or council member(s).

  • You may call, email, or write to the Management Office to provide feedback or to seek advice. You should allow the Management Corporation (MC) to investigate the matter before you take any further action.
  • The Management Corporation (MC) and managing agent (MA) can assist you by talking through the problem face-to-face if possible and recommend the appropriate action that may be taken.
  • If a face-to-face discussion is not needed, the Management Corporation (MC) or managing agent (MA) can send a letter to the other party, outlining the actions to be taken and the consequences for failing to do so. In many cases, the other party may not even be aware of the issue e.g. that he has breached by-laws.
Alternatively, you may also write to the secretary of the Management Corporation (MC) to table this matter at any upcoming general meeting of the Management Corporation (MC) to discuss and decide how this issue should be best managed.


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3.   Community Mediation Centre (CMC)

An application can be filed with the Community Mediation Centre (CMC) to commence voluntary mediation between the parties involved, if all parties are agreeable.

The CMC assists with disputes involving inter-personal matters and is a less costly alternative than the Strata Titles Boards (STB). However, do note that the CMC does not handle cases that require expert technical knowledge such as water seepage.

Examples of issues that can be filed with the CMC include:
  • Issues between landlords and tenants involving damage, rental deposit, and use of property.
  • Disputes involving neighbourly disputes (e.g. laundry dripping, verbal abuse, common quarrels, noise).
Parties interested to apply for mediation can call in, walk in or make an online application. For more information on the mediation process, please visit CMC’s website.


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4.   Strata Titles Boards (STB)

An application can be filed with the Strata Titles Boards (STB) for a fee to seek dispute resolution.

The STB is a quasi-judicial tribunal, established under the BMSMA to mediate and hear applications between unit owners (i.e. subsidiary proprietors ‘SPs’) and Management Corporations (MCs), or between unit owners (i.e. subsidiary proprietors ‘SPs’), on matters relating to certain disputes arising within strata titled properties.

The STB consists of a panel of experts, including lawyers, architects, and engineers. The STB’s role is to facilitate communication between parties, identify issues, explore options, and find a mutually acceptable settlement for the dispute.

The STB is not allowed to give any legal advice to any party. After STB has made its decision, an appeal can only be made to the High Court on a question of law.

Common disputes brought before the STB include but are not limited to:
  • Inter-floor water leakages;
  • Performance or failure by Management Corporation (MC) to perform certain duties under the BMSMA or by-laws;
  • Applications to convene meetings or invalidate resolutions passed by the Management Corporation (MC);
  • Matters involving alterations to common property;
  • Applications to revoke or invalidate certain by-laws; and
  • Supply of information by management corporation.
For more detailed information on the types of disputes heard by the STB and the corresponding fees involved, please see SMG9: Dispute Resolution - Common Disputes and Courses of Actions.


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5.   Court / Community Disputes Resolution Tribunal (CDRT)

Matters that fall outside the purview of the Strata Titles Boards (STB) can be brought to the States Court / Community Disputes Resolution Tribunal (CDRT). An application can be made to the courts / CDRT to seek dispute resolution.

At this stage, the dispute has escalated into a litigious process. Please note that the onus is on the applicant to provide the necessary evidence required to establish their case against the respondent. Please see here for more information.

Common disputes heard by the Court include:
  • Causing excessive noise, smell, smoke, light or vibration;
  • Littering at or in the vicinity of your place of residence;
  • Obstructing your place of residence;
  • Interfering with your movable property;
  • Conducting surveillance on you or your place of residence, where the surveillance is done at or in the vicinity of your place of residence;
  • Trespassing your place of residence;
  • Allowing one’s pet to trespass your place of residence, to cause excessive noise or smell, or to defecate or urinate at or in the vicinity of your place of residence.

A request can be made to seek orders against another party. These include:
  • Damages - an order for your neighbour to pay you a sum of money;
  • Specific performance - an order for your neighbour to do something;
  • Apology - an order for your neighbour to apologise to you; and
  • Others - any other order to give effect to the above court orders.


Common disputes

For more examples and details on common disputes, please see
SMG9: Dispute Resolution - Common Disputes and Courses of Actions.


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1.   Obstruction of common property

It is not uncommon for residents to place shoe racks, bicycles etc. outside their doors in the common area, which can cause obstruction of the common property.

  • Request that the neighbour removes the obstruction.
  • If there is no response, the matter can be raised to the Management Corporation (MC).
  • Approach the unit owner (i.e. subsidiary proprietor ‘SP’) to remove the obstruction;
  • Send circular(s) to remind all unit owners (i.e. subsidiary proprietor ‘SPs’) that prescribed by-laws should be complied with;
  • Apply for a Court Order to enforce by-laws; and/or
  • Inform SCDF if there is contravention of the Fire Safety Act.
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2.   Inter-floor water leakage

One of the common disputes between unit owners (i.e. subsidiary proprietors ‘SPs’) in the upper floor unit and unit owners (i.e. subsidiary proprietors ‘SPs’) in the lower floor unit is water seepage from the upper floor unit to the lower floor unit. It will be presumed that the leak originates from the upper floor unit unless the upper floor unit owner or occupier can prove otherwise.

  • Approach the neighbour regarding the issue, and jointly carry out an investigation to establish the cause of any inter-floor leak and proceed with the repair works. Both parties should resolve the cost and methods of repair privately.
  • If there is no resolution, a request can be made for the Management Corporation (MC) to intervene.
  • Assist to write to the unit owner (i.e. subsidiary proprietor ‘SP’) of the upper floor unit and request for a joint investigation with the unit owner (i.e. subsidiary proprietor ‘SP’) of the lower floor.
  • Assist both parties to resolve the issue amicably.
  • Inform the parties to apply to the Strata Titles Boards (STB) to make an order to settle disputes or rectify complaints, for a fee.
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3.   Nuisances / inconveniences caused to neighbours

No one enjoys experiencing disturbances in their own home. Whether it involves noise from a neighbour’s unit or pets, neighbours often have differing opinions on these issues. The BMSMA prescribes a set of by-laws that every estate is required to adopt, and these may address matters relating to ‘noise’, ‘keeping of animals’ etc.

  • Talk to the neighbour calmly and try to arrive at an amicable solution.
  • If there is no resolution, the matter can be raised to the Management Corporation (MC).
  • Approach the unit owner (i.e. subsidiary proprietor ‘SP’) to comply with by-laws;
  • Send circular(s) to remind all unit owners (i.e. subsidiary proprietors ‘SPs’) that prescribed by-laws should be complied with;
  • Apply for a Court Order to enforce by-laws; and
  • Make additional by-laws to manage the estate.

Continue reading

SECTION 1
Key Takeaways
& Resources
SECTION 2
Your Roles
& Responsibilities
SECTION 3
Your Rights
& Restrictions
SECTION 4
Other Stakeholders
& Their Roles
SECTION 5
Dealing With
Disputes



Disclaimer

This info-pack has been prepared by the Building and Construction Authority (“BCA”), and is not intended to be a legal interpretation of laws including the BMSM Act or legal advice. Potential condominium buyers should seek professional legal advice if they wish to better understand their legal rights and duties. The Commissioner of Buildings, BCA and any other agency shall not be liable for any reliance on any information contained in this info-pack by any person.

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