Communal Living: Maintenance of Common Area in Condominium

Communal living is common in Singapore and sharing the use of common space and facilities are part of the ordinary lifestyle in Singapore. However, what can you do when something out of the ordinary happen that can negatively affect your lifestyle? 

Particularly, what can you do when the common property is damaged or unkept? 

Who is responsible for the maintenance of the Common Area?

The Management Corporation Strata Title of the strata title property is the party responsible for the maintenance of the common area in condominium. 

If the common area affected is under the purview of a HDB estates, seek out the assistance of the HDB Branches or the town council.

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What is the Management Corporation Strata Title?

The Management Corporation Strata Title, or commonly known as the MCST is a managing property whose main role is to manage and maintain the common property of the condominium. 

Members of the MCST are usually comprises of all the Subsidiary Proprietors (i.e. the unit owner) of the condominium and are represented by the council members of the MCST. 

The council members are usually nominated and elected among the Subsidiary Proprietors of the condominium and will be in charge of the daily management of the condominium and the organization of the Annual General Meeting. 

How does the Management Corporation manage the Condominium?

MCST is a recognized corporate entity and can therefore enter into an agreement / contract on behalf of the condominium. They can make the necessary arrangement to maintain, control and manage the common property for the benefit of the Subsidiary Proprietor including hiring and appointing third parties to improve, repair or replace the common property and to purchase the necessary insurance for the facilities available for the condominium. 

It is common for the MCST to have by-laws (or to make use of the by-laws prescribed by the Ministry of National Development) to manage the condominium. As a corporate entity, they can also sue or be sued.

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What are my responsibilities as a Subsidiary Proprietor?

Subsidiary proprietors are usually required to pay for maintenance contributions on a timely manner. The amount of maintenance contributions and the payment rates are usually decided by the MCST and the MCST can demand (and can pursue legal action) for the payment of these maintenance contributions. 

The subsidiary proprietors are also required to comply with the by-laws and any notices that may be issued by public authorities or the MCST themselves in their day-to-day management of the condominium. 

In Singapore, the Subsidiary Proprietors are also required to maintain the external features of the unit to ensure that the units are well-kept and presentable to others. 

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What if there was a breach of By-Laws?

You may wish to notify the MCST of any breach of by-laws by another Subsidiary Proprietor for their further action. As the MCST are responsible for the management and care of the condominium, they may commence legal action against the Subsidiary Proprietor who had acted in breach of the by-laws. 

If the MCST does not intend to take action against the Subsidiary Proprietor and the actions of the Subsidiary Proprietor encroach to your personal life, you may also take legal action against the Subsidiary Proprietor. 

The court, in such circumstances, can grant either of the following: 

  1. An order to refrain the subsidiary proprietor from continuing with the breach of by-laws; or
  2. An order to remedy the breach of by-laws including to recover any loss and damages arising out of the breach of the by-laws.

How can we help?

We can assist you to take any legal action against the MCST or the subsidiary proprietor. 

However, we do understand that as a subsidiary proprietor of the condominium, taking legal action may not necessarily be the best option for communal living in Singapore. We can therefore assist in arranging for a resolution with the subsidiary proprietor or the MCST to seek an amicable solution for all the parties involved.

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Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.
Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.
Please consult a lawyer for specific review of your case and advise. 

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Enquiry from Emerald Law


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