51323, 3:87 PM. ‘ACondo Owner's Responsibities Under BMSMA | Ohmyhome
i
The basics to
owning a condo%
CONDO PRIVATE PROPERTY SINGAPORE PROPERTY
ACondo Owner's Responsibilities Under BMSMA,
May 30, 2022
Zhen Hao ay 90.
Guo
Condo ownership is often equated to luxury and high living, but what many don't realise is that
being a condo owner comes with its own set of duties and responsibilities. As with inhabitants of any
shared space, condo residents can only live in harmony if people respect each other's personal
space and entitlements to common facilities. This guide can save you from a world of headache
(and even monetary penalties) that comes with condo etiquette and facility management, so that
your residential community can enjoy shared common goods harmoniously.
Understanding basic terms surrounding the organisation of
strata-titled properties
Activities that happen within the compounds of a condo are governed by the Building Maintenance
and Strata Management Act (BMSMA), a statute that combines the Building and Common
property Act (BCPA) with portions of the Land Titles (Strata) Act (LTSA). Guidelines within the
BMSMA determine collective decision making and dispute settlement within condos. But to
understand how these mechanisms work under the BMSMA, we must first explore the technical
terms surrounding condo management.
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Management Corporation (MC)
The MC council is an elected body of representatives who oversee the daily functions as well as
future developments that occur within the boundaries of the condo estate. A body of individuals is
elected from the residential population every year at an Annual General Meeting (AGM)
Make no mistake, the MC council is more than just an informal cool kids club. Whoever the condo
elects will be backed by the legal power of the BMSMA to control and manage common facilities
that range from anything between the lift lobby to the swimming pool.
Management Agent (MA)
MAs work under MCs. The MC council may periodically employ the services of MAs to be their
hands and feet so that sufficient manpower is available to keep planned operations running
Subsidiary Proprietor (SP)
‘SP refers to whoever owns a portion of the condo estate, As a condo owner, you would have
received ownership of a unit that was transferred over from the original developer. This makes you a
partial owner or SP of the estate, and this status is reflected on the strata certificate of title
‘As an SP, you have a stake in what happens within the condo and thus have the legal right to
influence decisions at general meetings. This can be done by voting on major decisions such as
estate overhauls or the election of the MC council
However, being an owner of a condo unit does not automatically grant you the equivalent voting
power that your neighbours possess. How much sway you have over decisions that happen within
the condo is determined by your share value.
What is share value, how it is calculated and why it matters
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Share value is defined as the proportion of the entire estate that you own in relation to the other
owners. Share value is directly related to the following three things:
+ Your monthly obligations towards common maintenance fees
+ Your influence over AGM meetings and votes
+ Your share of the entire estate
Simply put, with larger homes comes greater responsibilities, but greater voting power as well. But
the calculation of share value for each household is slightly more complicated in reality than that.
Share values are predetermined and allotted by the Commissioner of Buildings (COB) after the
developer submits a proposal for acceptance. COB has a set of guidelines to determine how much
share value a unit should have. Factors include your floor area grouping, which is the expected
number of occupants your unit will house as well as your unit's perceived usage of common
facilities.
According to the Building and Construction Authority's (BCA) General Guide to Strata Living in
Singapore, share value of condo owners increases by 1 for every 50m? of floor area.
Floor area (m2) Share Value
50 5
100 6
150 7
200 8
Source: Building and Construction Authority (BCA), Strata Living in Singapore, A General Guide.
If your apartment unit has a share value unit of § and the total number of share value units in your
residence is 450, you will have a share value of 5/450.
One thing to note about these factors is that they can be slightly arbitrary in the sense that a unit
with higher floor grouping may technically house a greater number of residents but be in fact owned
by one resident.
This may or may not be to your liking if you are the sole resident of a larger apartment, since it will
mean higher monthly bills but also higher voting power. Because share values are predetermined,
you unfortunately won't be able to appeal your way to lower maintenance fees after purchase. The
MC also has the legal right to recover any unpaid fees in the form of debt.
Maintenance of personal unit’s exterior features, and
common areas
Common Areas
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Common areas in condos are any part of the complex that is not included within the strata title plan
(the floor plan you received at the showrooms). These areas are typically assumed to be used or
frequented by two or more SPs. Modification of common areas is strictly prohibited outside of the
MC's approval.
As an SP, it is your duty to maintain the exterior of your apartment in a manner that avoids damage
to others and their property. Should you fail to comply, the MC is entitled to claim monetary
‘compensation to fix damages that have occurred due to your negligence.
This can come in the form of leaky pipes that result in erosion or mould growth in other units, or
obstruction of common areas that bring inconvenience and damage to the personal property of
other individuals. Ideally, disputes should be settled amicably outside of court, although legal action
is not outside the realm of possibilities.
Exterior features
Exterior features cover any permanent fixture facing the outer facade of your unit, such as externally
facing windows and pipes that run along common corridors. While these features may take up
space within common areas, it is still your sole duty to maintain them as they are considered to
belong to you. According to Section 9 of the BMSMA, failure to maintain these features such that
they cause harm or injury to another person can lead to severe penalties, including fine and jail
Request approval before making unit modifications
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- os. = eS
While most at-home renovations and furnishings are generally allowed with consent from the Urban
Redevelopment Authority, unit modifications that increase the total gross floor area that you own
may only proceed once you have obtained a 90% resolution from your residential MC. Examples of
these modifications include extending the balcony roof into common areas or installing a wall to
close off a previously open space.
Historically, disputes have been made with regards to what unit modifications were allowed, To
safeguard the interests of SPs, changes were made to the BMSMA on 1 February 2019 to allow
SPs to install safety features such as window grilles at windows or balconies. The installation of
locks or other safety devices to prevent intruders or animals from entering your property also falls
under this new jurisdiction.
Al
ng compulsory by-laws and MC made by-laws
Residents living in strata-titled developments such as condos are governed under by-laws written
within the BMSMA, as well as an additional set of by-laws created specifically by their MC.
However, MC by-laws can only be enforced once they have been approved under a Special
Resolution and do not contradict any of the existing BMSMA by-laws.
‘Some of the most common by-laws include’
BMSMA by-law Remarks
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Parking of vehicles
Obstruction of
‘common property
Damage to lawn,
trees, shrubs and
other plants
Drying of laundry
and rubbish disposal
within common
property
Storage of
flammable liquids &
prevention of fire
and other hazards
‘ACondo Owner's Responsibities Under BMSMA | Ohmyhome
Vehicles cannot be left unattended in any common area or property
without prior approval from the MC.
Residents who interfere or obstruct lawful use of the common
property by other residents may be legally removed by authorities
Greenery such as lawn, garden, trees, shrubs, plants or flowers are
considered common property. Use or damage to common greenery is
prohibited prior to approval of the MC.
Rubbish and other unwanted items may only be disposed of in
designated areas on the property. Similarly, laundry should not be
hung in a manner that intrudes upon common spaces within the
compound.
Flammable chemicals, liquids, gases and other hazardous materials
other than those for domestic use should not be stored in property or
on common premises without the permission of the MC. Similarly,
residents should not behave in a manner that increases the likelihood
of fires and other phenomena that will likely bring damage to property
or life.
Your rights as a share value holder
As a shared owner of the residential property, you have the right to request information regarding
the professional details of your estate's MC and MA. This can be done for a fee, and is a way for
residents to keep checks and balances by bringing transparency to MC operations. The information
that SPs are entitled to include the minutes of general meetings, account records, and other official
documents relating to activities carried out or approved by the MC
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