You can cover the PES provided you have obtained consent from your management corporation as the works will affect the facade of the development. You are also required to apply and obtain the necessary approvals and permits from the relevant government authorities such as the Urban Redevelopment Authority (URA) (for planning permission) and BCA (for building/structural approval).

Disputes on defective works in buildings are private matters to be resolved between the purchaser and the vendor and generally there are provisions in the Sale and Purchase Agreement for resolution.

As an alternative form of dispute resolution, parties may wish to consider mediation at the Singapore Mediation Centre (SMC) or the Conciliation Panel of the Real Estate Developers' Association of Singapore (REDAS). As a last resort, the purchaser may consider taking legal action against the vendor.

For more information, purchasers could contact the Singapore Mediation Centre and Real Estate Developers' Association of Singapore at:

Singapore Mediation Centre
1 Supreme Court Lane, Level 4
Singapore 178879
Tel: 6332 4366
e-mail: enquiries@mediation.com.sg

Real Estate Developers' Association of Singapore
190 Clemenceau Avenue
#07-01 Singapore Shopping Centre Singapore 239924
Tel: 6336 6655 Fax: 6337 2217
e-mail: enquiry@redas.com

It is the duty of every unit owner to use or enjoy his unit in such a manner so as not to cause a nuisance or hazard to other unit owners or occupiers.

Where inter-floor leak is concerned, there is a statutory presumption under section 101(8) of the BMSMA that states that the upper floor unit owner is presumed liable for the leakage unless he is able to provide proof to the contrary. An aggrieved party can therefore bring the matter directly to the Strata Titles Boards (STB) for settlement when an inter-floor leak occurs. However, for good neighbourliness, it is recommended that both the upper unit and lower unit owners should first explore an amicable solution to the problem by co-operating to investigate and repair the leak. If the matter cannot be resolved amicably, the aggrieved party should then bring it to the STB to settle the dispute under section 101 of the BMSMA.

Under section 26(4)(a)(vi) of the BMSMA, the developer should deliver to the management corporation all warranties at or within two weeks after convening the first annual general meeting of the management corporation.

The control and management of the common property rest with the management council, which takes care of the affairs of the estate. Where there are misuses or encroachments on the common property, a subsidiary proprietor should notify the council for the latter's decision and action. Under the BMSMA, the council of the management corporation is responsible to administer the common property for the benefits of all subsidiary proprietors which includes the enforcement of the bylaws. If the management corporation fails to enforce any of the bylaws, any subsidiary proprietor can file an application with the Strata Titles Boards to compel the management corporation to exercise its duties.

Alternatively, an aggrieved person can consider taking the recalcitrant person who obstructs the lawful use of the common property to task by filing an application to the court under section 32(10) of the Act for an order to restrain the breach of the bylaw.

An office bearer who wants to resign from office has to first make known his intention to the management council. The council may convene a council meeting to find a replacement. If a suitable replacement is not found at the council meeting, then a general meeting will have to be convened to elect a person to fill the vacancy.The office bearer can then resign, even if the vacancy is not filled.

If a management corporation carries on business without any chairperson, secretary and treasurer for more than six months, every subsidiary proprietor after those six months shall be liable for the payment of all debts of the management corporation contracted during the period after those six months.

If no one is keen to serve in the council, a subsidiary proprietor can also apply to the Strata Titles Boards for an order under section 112 of the Act to appoint a managing agent to exercise and perform all or some of the powers, duties and functions of the management corporation.

Yes, a member of the council may be appointed to one or more posts in the office of a management corporation.

Council members are elected at the annual general meeting (AGM). They should attend council meeting in person. The Act does not provide for council members to appoint a proxy to attend council meeting on their behalf.

The first step towards this is the formation of the management corporation. The management corporation is automatically constituted upon the filing and registration of the strata title application in respect of the strata title plan with the Registrar of Titles (Singapore Land Authority) by the developer.

Owners will have to look into the agreement entered into with the vendor on the sale and purchase of the property to find out when the management corporation could be formed. The time of formation of management corporation is hinged to the Date of Legal Completion specified in the agreement.

Once the management corporation is formed, the first annual general meeting of the management corporation will have to be convened not later than 13 months from this date, or at a date that is within six weeks after the developer receives a written request from the subsidiary proprietors of at least 10% of the total number of lots in the development asking for the first annual general meeting to be held - whichever is earlier.

Subsidiary proprietors can, under section 47 of the BMSMA, make applications to the management corporation with payment of a prescribed fee for inspection and copying of documents, certification or simply for information. If the management corporation fails to do so, the aggrieved person can apply to the Strata Titles Boards under section 113 of the BMSMA for an order to compel the management corporation to supply the information or documents.

Under Paragraph 14 in the First Schedule to the BMSMA, a general meeting may be called when a requisition in writing is made to the management corporation. This requisition must be signed by one or more subsidiary proprietors, who together hold at least 20% of the aggregate share value of all the lots, or who make up not less than 25% of the total number of subsidiary proprietors of the lots.

The requisition shall state the objects of the meeting and be signed by the requisitionists and deposited at the registered address of the management corporation.

The secretary on receipt of the requisition has to act immediately to proceed to convene the general meeting as soon as practicable but not later than six weeks after its receipt.

Subsidiary proprietors may, by notice in writing served on the secretary of the management council, require motions to be included in the agenda of the next annual general meeting. The secretary shall comply with the notice as provided for in paragraph 12 of the First Schedule to the BMSMA. Where the motions are properly requested and not included in the agenda, the aggrieved subsidiary proprietors could compel the management corporation to carry out the requirement with court action under section 88 of the Act. However, the Chairman may rule that a motion submitted at the annual general meeting is out of order if he considers that the motion, if carried, would conflict with the Act or by-laws or would otherwise be unlawful or unenforceable.

The counting of votes on the election of council members shall be on the basis of one vote in respect of each lot. It is not on share value basis. This is in accordance with paragraph 8 of the First Schedule to the BMSMA.

The BMSMA does not disallow a subsidiary proprietor to be the proxy for other subsidiary proprietors who are not able to attend the general meeting, whether it is an annual general meeting or extraordinary general meeting (EOGM). In voting, the proxy will carry the voting rights in accordance to the lots he is each representing. As a good practice, the proxy giver should specify his/her decision on any resolution to the proxy, rather than leaving the decision to the proxy at the meeting.

Principally, the management fund is set up for managing the common property of the estate with maintenance of the common property being its principal objective. The other purposes for which the Fund can be used include payment of common expenses and all current liabilities incurred by the management corporation.

It is not uncommon for the management corporation to organise social get-togethers and recreational activities such as Christmas parties and New Year celebrations as part of its management duties to promote friendship and social interaction among the residents. If the social activities are meant for everybody in the estate, the management corporation could use the Fund provided there is proper resolution passed at a general meeting.

The expenses or budget for the maintenance and management of the buildings and common property before formation of the management corporation are determined by the developer. The developer shall not collect any charges from purchasers without the prior approval of the Commissioner. The role of the Commissioner is to ensure that the maintenance charges are generally reasonable based on the type of strata subdivided building and the facilities provided. The developer is required to substantiate the costs of those works and services to be provided before the maintenance charges are approved by the Commissioner of Buildings.

In general, any expenditure to be included in maintenance charges for Commissioner of Buildings' approval must be in line with the purpose of the maintenance fund as set out in section 16(2) of the BMSMA.

The primary consideration is that the expenditure for the service or amenity that is envisaged must be in the interest and for the benefit of subsidiary proprietors at large. Concierge service and doormen can be considered to be within the scope of the maintenance fund. However, developer should make known such services or amenities to potential purchasers by reflecting them in the sale and purchase agreement.

The provisions on maintenance fund can be found in sections 16, 17 and 18 of the BMSMA.

The maintenance fund is required to be established on or after the date of the first temporary occupation permit (TOP) issued to a development but before the collection of maintenance charges from any purchaser starts.

For unsold units, the developer is obliged to pay the equivalent maintenance charges payable by purchasers from the date the maintenance fund is set up, which should not be later than three months from temporary occupation permit (TOP).

For units sold before temporary occupation permit (TOP) and handed over to purchasers, the developer shall collect all maintenance charges due and payable from the purchasers of every lot and pay all such maintenance charges into the maintenance fund. Maintenance charges for such purchasers are due and payable either from the date of taking possession or 15 days after Notice of Vacant Possession, whichever is earlier, in accordance with the Sale and Purchase Agreement.

For units sold before temporary occupation permit (TOP) but not handed over, the developer is obliged to pay the equivalent amount payable by purchasers with effect from the date of establishment of Maintenance Fund until they are due and payable by the purchasers. However, the developer is given a deferment period of three months (i.e. a grace period) from the date of temporary occupation permit (TOP) to pay to the fund all amounts due for these units.

For units sold on or after temporary occupation permit (TOP), the developer shall pay the maintenance charges before the expiration of three months from the date of temporary occupation permit (TOP) or from the date the maintenance fund is established, whichever is earlier.

Building owners are required to paint the external walls of their buildings at intervals of not more than five years. However, if the paintwork on your external walls is still in good condition after a period of five years, you may write to the Commissioner of Buildings for approval to delay the painting.

Building owners are responsible to maintain the part of the party wall that is within the confines of their lot demarcated by the lot boundary. Normally, the centre line of the party wall separates the two adjoining lots.

Therefore, a general guideline is that you are responsible for maintaining the half of the party wall that is facing your property. However, if the wall is built entirely within your lot, then you are responsible for the maintenance of the wall as it belongs to you.

As the owner of this gable wall, you are responsible for the maintenance of this wall. You should liaise with your neighbour to gain access on their lot for the maintenance of your gable wall as this is a private matter between you and your neighbour.

The maintenance/painting of buildings in any estate must not be neglected regardless of any attempts or exercise to carry out an en-bloc sale. It should be noted that the exercise for an en-bloc sale, even if successful, could take more than a year or two, i.e. before the building is eventually sold, vacated and demolished. In this time, the building if not maintained could be an eye-sore and a disamenity to the surrounding neighbourhood.

The Building Maintenance and Strata Management (Lift and Building Maintenance) Regulations 2005 require all lift owners to engage a lift contractor who is registered with BCA to maintain their lifts.

The Building Maintenance and Strata Management (Lift and Building Maintenance) Regulations 2005 require all lifts to be maintained in accordance to the recommendation of Singapore Standard CP2:2000 (Code of Practice for installation, operation and maintenance of electric passenger and goods lifts).

According to the Standard, periodic maintenance should be carried out by a BCA-registered lift contractor at intervals not exceeding one month. It also recommends that the safety equipment be tested without any load in the lift at intervals not exceeding 12 months and with the full rated load at intervals not exceeding five years.

The periodic maintenance and testing for a home lift or lift designed to carry a person with physical disability shall be in accordance with the above stated requirement or the manufacturer's recommendation where available.

If you do not intend to use your lift for any prolonged period, you should inform the Commissioner of Buildings in writing of your intention to suspend operation of the lift before terminating the operation. The electrical power to the lift should be switched off to prevent unauthorized use of the lift during the period of suspension. You do not need to maintain the lift during the period of suspension.

You should engage a BCA-registered lift contractor to carry out the necessary maintenance of the lift in accordance to Singapore Standard CP2:2000 and lodge a Certificate of Lift Maintenance and Testing with the Commissioner of Buildings before you resume operation of the lift.

You will need to submit a fresh application form (DDA form-Lift Maintenance) (50.5kb .xls) for our approval.