What are the rights of a condominium owner or tenant? Top 20 commonly asked questions

Twenty most commonly asked questions on the entitlements of Condominium tenants. 

If you live in a condominium in Singapore, you may be wondering what the rules and regulations that govern your lifestyle and property rights are. Condominiums are governed by a set of by-laws that are established by the Building Maintenance and Strata Management Act (BMSMA). These by-laws cover various aspects of living in a condo, such as parking, pets, and more. 

In this blog, we will answer the 20 most commonly asked questions about condo by-laws in Singapore and help condo owners and tenants understand their rights and responsibilities as a condo owner or tenant. 

Q1.Can a subsidiary proprietor, who is not a member of the management council, attend council meetings?

Yes, but he may not address the meeting (i.e., participate in the discussion) unless permission is granted by the Council to do so.

Q2. Can a subsidiary proprietor improve the common property outside his unit with plants, trees or shrubs in the estate's common garden?

This is forbidden under the by-laws in the Second Schedule of the Building Maintenance (Strata Management) Regulations 2005. Otherwise, it would result in a disorderly planting of the landscape as well as the concern arising from the neglect in the maintenance of these plants by the owners who planted them.

Q3. Can an owner hang laundry on the balcony or in the garden for drying?

No. Under the by-laws in the Second Schedule of the Building Maintenance (Strata Management) Regulations 2005, this is forbidden and the drying of clothing shall only be done in the approved area and only for a reasonable period. It is not to be placed anywhere in the apartment which is visible from the outside. The approved area would be the yard designated for the purpose and only for a reasonable period.

Q4. Can a resident keep pets within the unit?

Depends on the pet. Under the Regulations, an owner or an occupier shall not keep any animal upon his lot or the common property which may disturb other owners or occupiers. However, if the management corporation has passed a by-law specifically forbidding the keeping of specific pets, then a resident may not keep that kind of pet at all, for example, selected ferocious dogs.

Q5. What is common property and why am I responsible for repairing the section of leaking water supply pipe after the water meter?

Any service that is shared by two or more units is common property. The water meter is the cut-off point where the pipe begins to serve only one unit. Therefore, it is deemed to be private property and you are responsible for its maintenance, even if it is running through common property.

Q6. Water from the bathroom in the upper unit has been seeping through my ceiling and causing damage to my unit. As the floor is common to two units, is it the duty of the Management Corporation to rectify the defect?

If your apartment is new and within the warranty period, the waterproofing contractor is responsible for the rectification. Upon the expiry of the warranty, your neighbour upstairs is responsible for rectifying the defects and will bear the full cost under the Building Maintenance and Strata Management Act. This floor slab is within your boundary and is deemed to be private property. If he refuses to attend to the problem, a complaint may be lodged with the Strata Titles Board.

Q7. Can I install an air-conditioning unit onto the outside wall of my unit?

Details of the proposal must be submitted in writing to the management corporation and consent must be obtained before commencing any work.

Q8. Our building needs painting but there are not sufficient funds in the owners corporation's bank account to cover the cost. What can we do?

A special levy may be raised at a general meeting to cover the cost of the works.

Q9. I want to use the swimming pool at 11.30 pm but the secretary of the owners corporation said I am not able to. Is this enforceable?

The by-laws or house rules of your strata scheme will probably include the hours for use of the pool. The by-laws are enforceable and must be lodged with the Commissioner of Buildings. House rules are also enforceable, but they are passed at council meetings and need not be registered with the Commissioner.

Q10. I cannot attend a general meeting but want to send someone to vote on my behalf. How do I do this?

You must appoint a proxy in writing using the prescribed form. The proxy should also sign the form and it should be given to the secretary at least 48 hours before the meeting.

Q11. The visitors' car park lots are usually vacant. As a resident owner - can I park in that space?

A visitor's car parking area is designated for visitors. Parking by a resident is not permitted as it would deprive visitors of car parking lots. However, the management corporation may pass a resolution permitting a resident to park in the visitor's car park lots if there is a shortage.

Q12. I have some issues that I want to address at the next annual general meeting. How can I have my issues raised at the meeting?

You may write to the Secretary of the management corporation at any time of the year to raise issues to be discussed at the next annual general meeting. Your notice must be received well before the notice of the annual general meeting. Any notice received after the notice of AGM has been sent out will only be considered at the next AGM.

Q13. I have some issues I want to be addressed by the management corporation. How can I have an extraordinary general meeting called?

You may requisition for an extraordinary general meeting. The requisition must be sent in writing to the Secretary of the MC and is signed by owners who own more than 20% of the total share values in the estate or 25% of the total number of units in the estate. The requisition must contain specific items/issues that you wish to be deliberated at the EGM. The Secretary is then obliged to convene an EGM within 6 weeks of receipt of the requisition.

Q14. Can I attend the Annual General Meeting if I am not an owner?

You do not have the right to attend any general meeting of the management corporation unless an owner has appointed you as their proxy.

Q15. There are some works that I would like to be carried out at our strata building. How do I get the management corporation to consider the proposal?

Prior to the next general meeting, you should send a motion to the secretary or strata managing agent with a request that it be included on the agenda.

Q16. We have many records covering minutes of meetings and financial statements over the past 5 years. Can we dispose of some of them?

The BMSMA requires that records must be retained for at least 5 years.

Q17.I have unpaid interest charges. Can I attend the annual general meeting and pay the outstanding interest on the spot?

You may attend the meeting and participate in the discussions, but you will not be allowed to vote. All outstanding interest must be paid at least 72 hours before the meeting and you are not allowed to pay on the spot.

Q20. I am a tenant in a strata building. Do I have a right to attend meetings?

You do not have the right to attend any general meeting of the management corporation unless an owner has appointed you as their proxy.

In conclusion, the rights of a condominium owner in Singapore are protected by a comprehensive legal framework that ensures their interests are safeguarded within the communal living environment. With the right to enjoy exclusive ownership of their unit, access to common facilities, and a say in the management through participation in the management corporation, condominium owners are provided with a sense of security and empowerment. However, they need to remain aware of their responsibilities and obligations to maintain harmonious community living. By upholding the regulations and guidelines set forth by the authorities, condominium owners can contribute to fostering a conducive and vibrant living environment, ensuring a balanced coexistence between individual rights and collective responsibilities.

As the largest privately-owned strata manager in Singapore, Savills Property Management manages residential, commercial, and industrial properties and assets such as Orchardgateway and Orchardgateway@Emerald. Get in touch with us to find out how we can help manage your properties.

Contact us today for a discussion.