MCST Disputes

We have advised or acted for over 250 Management Corporations of strata-titled developments ("MCSTs") across residential, commercial, retail, industrial and mixed developments. Our work reflects deep familiarity with the Building Maintenance and Strata Management Act 2004 ("BMSMA") and the practical realities of estate governance.

Our team routinely assists MCSTs in debt recovery matters against subsidiary proprietors, including arrears in contributions to the maintenance and sinking funds. This includes issuing letters of demand, lodging MC Charges or Total Discharge of Charge with the Singapore Land Authority, exercising statutory powers of sale, initiating court proceedings, and enforcing judgments through garnishee orders, seizure and sale, bankruptcy, winding-up, and examination of judgment debtors.

We also advise on a wide range of estate management issues, such as unapproved renovation works, improper handover of records, potential breaches of duty by prior council members, privatisation levies, common property disputes, contractor management, and enforcement of by-laws.

Our experience includes representing MCSTs in building defects claims against developers, architects, main contractors, and qualified persons. We have expertise in litigation, mediation, expert engagement, and settlement negotiations. We also regularly appear before the Strata Titles Boards ("STB") and have assisted en bloc developers in applying for the termination of strata schemes.

Selected cases:

• Advised over 250 MCSTs, MAs and SPs on matters pertaining to strata titled developments (whether residential, commercial, retail, industrial or mixed-use) and the BMSMA.
• Routine debt collection for MCSTs against SPs, e.g. letters of demand, lodgement of MC Charges over units, exercising MCST’s statutory power of ‘forced’ sale of units, commencing court proceedings to obtain court judgment for the arrears, and subsequently enforcing the judgment including via bankruptcy and winding-up applications.
• Advising MCSTs or SPs on a gamut of estate issues, e.g. encroachment of common property (such as awnings, trellis, PES covers, laundry, shoe racks, etc.), exclusive-use by-laws, breach of by-laws or the BMSMA, unapproved renovation works, Section 47 notice for documents, proper handover of MCST records by developer or previous MA, potential breach of duties by previous council members, privatisation levy, contractual disputes with contractors or tenants, carpark issues, AGMs or EGMs, Council meetings, etc.
• Representing MCSTs on its defects claims against responsible parties (e.g. developer, main contractor, professional architect, professional engineer, subcontractors, consultants, and other Qualified Persons). Defects includes, water seepages, facade walls, glass balustrades, retaining walls, fire safety, sunken soil, debonding of tiles, rectification works under warranties, etc.
• Acted for a MCST in proceedings brought by SPs seeking an order for the MCST to remove permanent awnings installed by SPs of ground floor units allegedly to guard against killer litter: see published decision in STB 109 of 2022.
• Acted for a MCST against proceedings brought by a SP of commercial units seeking an order for the MCST to allow the SP’s request to carry out upgrading of electricity supply to the SP’s units: see published decision in STB 92 of 2014.
• Defended a MCST against a claim brought by a SP for loss and damage allegedly suffered as a result of water leakage from a concealed pipe which constitutes common property, and for an order for the MCST to remove disused common pipes from the unit: see grounds of decision in STB 6 of 2018.
• Acted for SPs in successful appeal to the Court of Appeal (Singapore’s apex court) to set aside a collective sale of the development at Horizon Towers: see Ng Eng Ghee and others v Mamata Kapildev Dave and others (Horizon Partners Pte Ltd, intervener) and another appeal [2009] 3 SLR(R) 109; [2009] SGCA 14
• Acted for a MCST in its High Court suit against builder, architect and engineer on their use of monolithic tempered glass for balustrades despite its susceptibility to spontaneous shattering. The statutory regulation requiring use of laminated glass was only introduced after the building was completed. The Building and Construction Authority (BCA) had filed an AEIC to weigh in.
• Acted for a MCST in claims against neighbouring MCST for encroachment, soil erosion and damage to separating retaining wall.
• Defended a MCST against court proceedings by SPs seeking mandatory injunction to restrict or convert the use of shallow pool which allegedly cause noise and water pollution to their ground floor unit.
• Defended a MCST against a claim brought by a SP for an order by the Strata Titles Board to invalidate the outcome of AGM / EGM resolutions and the constitution of the new management council.
• Acted for a MCST of a well-known integrated residential and retail development in its High Court suit against the developers, builder and waterproofing specialist for various defects in the development.
• Acted for a SP owing multiple levels of units in a mixed-use development (residential and commercial) in its High Court suit against the architect for non-compliance with the Fire Code 2002 due to lack of smoke stop lobbies at the exit staircase of the building, as well as advising on legal options against the MCST for the same.
• Successful settlement of court claims by SP against MA for water damage from sprinklers allegedly being left open for excessive period after fire was extinguished.
• Acted for a MA in claims against rogue employee who embezzled estate monies.
• Acted for developers, MAs, SPs and contractors in its claims against the MCST or other SPs.

Our lawyers also cross-practises in Construction and Engineering, Asset Recovery, Restructuring and Insolvency, and Civil and Commercial Litigation, and are thus able to leverage on and marry their varied experience and legal know-how, for a more holistic and effective solution to the unique concerns of the MCSTs, MAs or SPs.