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Better Understanding of Strata Management

1) What is a Management Corporation Strata Title (MCST)?

Ans: A Management Corporation Strata Title is a legal entity that is formed when the developer submits the strata title plan for a development to the Chief Surveyor and a strata title application is lodged with the Singapore Land Authority’s (SLA) Registrar of Titles. Officially, it will be called “The Management Corporation Strata Title Plan No. ________” with the Building and Construction Authority (BCA) issuing an unique strata title plan number to a strata development upon successfully constituted.

 

2) What is the Building Maintenance and Strata Management Act (BMSMA)?
Ans: The Building Maintenance and Strata Management Act is a legal self-regulating framework designed to help strata developments in the MCSTs to govern and manage the estate affairs effectively and it came into force on 1/4/2005.

 

3) Who is a subsidiary proprietor?

Ans: A subsidiary proprietor (SP) is an individual owner or legal entity such as a company or trust that possesses the title to a specific strata unit within the strata development as documented in the subsidiary strata certificate of title and a subsidiary proprietor has a right to participate in the decision-making processes during general meetings.

 

4) What is common property in a strata development?

Ans: Areas that are not within the strata title plan of a strata unit/ lot and are used/ shared by two or more subsidiary proprietors are considered common property of the strata development.

 

5) How can I get a copy of the strata title plan for my unit?

Ans: Check with Singapore Land Authority (SLA) on the cost and procedures in obtaining a strata title plan.

 

6) What is Management Fund (MF)?

Ans: The management fund comprises contributions from subsidiary proprietors, proportionate to the share values of their lots within a strata development where they pay their monthly/ quarterly payments to the MCST to fund the day-to-day operational expenses encompass utilities bills, security, cleaning, landscaping, pest control services as well as the repairs/ replacement and upkeep/ maintenance of common property and facilities within the strata development.

7) What is Sinking Fund (SF)?

Ans: The sinking fund comprises contributions from subsidiary proprietors, proportionate to the share values of their lots within a strata development where they pay their monthly/ quarterly payments to the MCST which is earmarked for addressing long-term future expenditure such as repainting of the strata development, performing waterproofing works to roofs, swimming pools, wet areas, and more as well as the upgrading or replacement of major mechanical and electrical (M&E) equipment/ systems along with cyclical maintenance.

8) What are By-Laws?

Ans: There is a set of by-laws in the Building Maintenance and Strata Management Act (BMSMA) that every MCST is required to comply with the “Prescribed By-Laws” and a MCST can make by-laws that are not in conflict with the Prescribed By-Laws or any laws in Singapore by passing resolutions in general meetings. In addition, a MCST, any subsidiary proprietor or any occupier in a strata development is entitled to apply to the Court or the Strata Title Board (STB) to enforce a passed by-law or restrain the breach of a passed by-law.

 

9) How to become part of a Council of a MCST?

Ans: Every MCST is required to have a Council which will make decisions on behalf of the MCST except for restricted matters as mentioned in the Building Maintenance and Strata Management Act (BMSMA). The members of a Council are to be elected in general meetings based on voting on a one-vote-per-lot basis and a minimum of 2 but up to 14 Council members can be elected. Each elected Council member cannot take up more than one position.

 

10) What are the positions in a Council of a MCST?

Ans: A Council of a MCST is comprised of key office bearers including the Chairperson, Treasurer and Secretary in addition to Council members.

 

11) Can I as a subsidiary proprietor of an Estate but am not an elected member of the management council attend Council meetings?

Ans: You can, but you may not participate in any discussion unless permission is granted to you to do so by the Council.

 

12) Why am I responsible for repairing section of leaking water supply pipe after the water meter?

Ans: Generally, any service that is shared by two or more strata units is considered common property. As the water meter is the cut-off point where the supply water pipe begins to serve into your unit, you are responsible for any repair, maintenance, etc. works; at your own cost even the main supply water pipe is running through/ along the common property.

 

13) Water from the bathroom of the upper unit has been seeping through my ceiling and causing damages to my unit. Is it the duty of the Management Corporation to rectify such defect?

Ans: If your unit is new and within the waterproofing works’ warranty period then the Developer/ Management Corporation will mobilize the Estate’s waterproofing contractor to rectify the water seepage defects. However, upon the expiry of the warranty, your neighbour on the upper unit will be responsible to rectify the defects by bearing the full cost in accordance to the Building Maintenance and Strata Management Act (BMSMA). Failure to attend and/ or rectify the defects, you may lodge a complaint with the Strata Titles Board (STB).

 

14) What to do when my Estate needs to carry out repainting works under the Building and Construction Authority’s (BCA) mandatory requirements (every 7 years) but there is insufficient sinking funds in the MCST’s bank?

Ans: The Management Corporation will convene a general meeting to raise the additional funds through a one-time special levy to cover the cost of the repainting works.

 

15) What should I do to let someone vote on my behalf when I am unable to attend an Annual General Meeting/ Extraordinary General Meeting?

Ans: You must appoint a proxy in writing using the Management Corporation’s prescribed form and seek the proxy to sign on the same form prior submitting to the Secretary of the Management Corporation at least 48 hours before the general meeting.

 

16) Can I attend an Annual General Meeting/ Extraordinary General Meeting if I am not a subsidiary proprietor?

Ans: You do not have the right to attend any general meeting of the Management Corporation unless a subsidiary proprietor of the Estate has appointed you as his/ her proxy.

 

17) How can I have my issues raised at the next Annual General Meeting?

Ans: 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 general meeting. Your notice must be received well before the notice of the general meeting. Any notice received after the notice of the general meeting has been sent out will only be considered at the next following general meeting.

 

18) How can I request for an Extraordinary General Meeting to address some issues to the Management Corporation?

Ans: Your requisition for an extraordinary general meeting must be sent in writing to the Secretary of the Management Corporation and it must contain specific matters/ issues that you wish to be deliberated at the general meeting and it must be signed by strata owners who own more than 20% of the total share values in the Estate OR 25% of the total number of strata units in the Estate. Thereafter, the Secretary is obliged to convene an extraordinary general meeting within 6 weeks on the receipt of your requisition.

 

19) Can I attend the Annual General Meeting and pay the outstanding interest which was unpaid on the spot at the reception counter?

Ans: You may attend the general meeting and participate in the discussions but you will not be allowed to vote. All outstanding interest and/ or any other arrears must be paid at least 72 hours before the meeting as you are not allowed to pay on the spot.

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