Management Corp v Regenthill: Developer's Duty to Hand Over Condo Records
The Management Corporation Strata Title Plan No 2192 sued Regenthill Properties Pte Ltd in the High Court of Singapore on 19 February 2002, seeking an order to compel the developers to hand over accounting documents and the final defects list pursuant to s 37(4) of the Land Titles (Strata) Act. The court ruled in favor of the Management Corporation, ordering the handover of specific accounting documents, but denied the request for the final defects list.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Order accordingly.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Management Corporation sues Regenthill Properties to compel handover of financial records and defects list. Court interprets s37(4) of Land Titles (Strata) Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Regenthill Properties Pte Ltd | Defendant | Corporation | Order accordingly | Partial | |
| Management Corporation Strata Title Plan No 2192 | Plaintiff | Corporation | Order accordingly | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Dawn Ho | Drew & Napier |
| Leo Cheng Suan | Infinitus Law Corp |
4. Facts
- The plaintiffs are the management corporation of Regent Park Condominium.
- The defendants were the developers of the condominium.
- The temporary occupation permit for the condominium was issued on 6 January 1997.
- The certificate of statutory completion was issued on 2 December 1997.
- The plaintiffs were constituted on 20 April 1998.
- The plaintiffs requested the defendants to hand over certain accounting documents and the final defects list.
- The defendants refused to hand over the documents, leading to the originating summons.
5. Formal Citations
- Management Corporation Strata Title Plan No 2192 v Regenthill Properties Pte Ltd, OS 601164/2001, [2002] SGHC 26
6. Timeline
| Date | Event |
|---|---|
| Temporary occupation permit issued for the condominium | |
| Certificate of statutory completion issued | |
| Plaintiffs constituted | |
| Plaintiffs held their first annual general meeting | |
| Plaintiffs' solicitors demanded documents from defendants pursuant to s 37(4) of the Land Titles (Strata) Act | |
| Defendants' solicitors requested particulars of the documents required | |
| Plaintiffs' solicitors replied with a list of documents not handed over | |
| Plaintiffs' solicitors sent reminders | |
| Plaintiffs' solicitors sent reminders | |
| Defendants' solicitors informed plaintiffs' solicitors that they were arranging for certain documents to be transferred | |
| Plaintiffs' solicitors requested the documents which formed the subject matter of this originating summons | |
| Defendants' solicitors inquired under what provision(s) of the law the defendants were required to produce such documents | |
| Plaintiffs' solicitors replied to say the request was made pursuant to ss 37 and 65 of the Act | |
| Defendants' solicitors replied stating that ss 37 and 65 of the Act were not applicable | |
| Plaintiffs' solicitors maintained that the defendants were trustees of the plaintiffs and referred to s 10(2) of the Buildings and Common Property (Maintenance and Management) Act | |
| Defendants' solicitors wrote to the plaintiffs' solicitors stating that they were writing to the Commissioner of Buildings for clarification | |
| Commissioner of Buildings replied | |
| Plaintiffs' solicitors wrote requiring the defendants' solicitors to furnish the documents requested by 30 July 2001 | |
| Defendants' solicitors replied, stating that the defendants would allow the plaintiffs to inspect the accounting documents at their premises | |
| Originating summons was filed | |
| Decision Date |
7. Legal Issues
- Obligation to Hand Over Documents
- Outcome: The court held that the defendants were obliged to hand over certain accounting documents to the plaintiffs under s 37(4)(b) of the Land Titles (Strata) Act.
- Category: Substantive
- Sufficiency of Particulars in Originating Summons
- Outcome: The court held that the plaintiffs had provided sufficient particulars in the originating summons to identify the cause of action.
- Category: Procedural
8. Remedies Sought
- Order to compel the defendants to hand over the accounting documents and the final defects list
9. Cause of Actions
- Failure to hand over documents under s 37(4) of the Land Titles (Strata) Act
10. Practice Areas
- Litigation
11. Industries
- Real Estate
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| N/A | N/A | No | N/A | N/A | N/A |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court O 7 r 3(1) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Titles (Strata) Act (Cap 158, 1999 Ed) s 37(4) | Singapore |
| Interpretation Act (Cap 1, 1999 Ed) s 39 | Singapore |
| Buildings and Common Property (Maintenance and Management) Act (Cap 30, 2000 Ed) s 10(2) | Singapore |
| Buildings and Common Property (Maintenance and Management) Act s 10(5) | Singapore |
| Companies Act (Cap 50, 1994 Ed) s 199(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Management Corporation
- Strata Title
- Land Titles (Strata) Act
- Accounting Documents
- Final Defects List
- Originating Summons
- Proprietor
- Subsidiary Proprietors
15.2 Keywords
- management corporation
- strata title
- accounting documents
- defects list
- developer
- handover
- section 37(4)
- Land Titles Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Statutory Interpretation | 85 |
| Civil Practice | 75 |
| Strata Title Law | 70 |
| Property Law | 60 |
| Corporate Law | 30 |
| Administrative Law | 25 |
| Construction Law | 20 |
16. Subjects
- Strata Title Management
- Document Disclosure
- Statutory Interpretation