MCST LAWYER IN SINGAPORE

Our MCST practice group handles a wide range of Management Corporation and Strata Titles related matters. We have a proven track record in delivering solutions that can meet your requirements and objectives. Our lawyers have extensive and varied experience in advising and representing management corporations (MCSTs), managing agents (MAs) and subsidiary proprietors (SPs) in strata disputes before the Strata Titles Boards, State Courts and Supreme Court, as well as engaging in mediation, settlement negotiation or other Alternative Dispute Resolution (ADR) options.

Our team of specialised and dedicated lawyers have regularly been called upon to advise on the whole gamut of work relating to estate management, including but not limited to: claims/debt recovery for unpaid maintenance fees against SPs, rights and statutory obligations under the Building and Maintenance and Strata Management Act 20024 (BMSMA), Manage Council’s duties, legality of proposed resolutions and by-laws, reviewing and drafting of by-laws and litigating of strata property disputes.

OUR EXPERIENCE

Selected work highlights of our lawyers include:

• Advised over 200 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, Restructuring and Insolvency, and Civil 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.