Management Corporation v Hyundai: Strata Titles, Common Property & Window Rectification

In Management Corporation Strata Title Plan No 2504 v Hyundai Engineering & Construction Co Ltd and Another, the High Court of Singapore addressed whether certain windows in the Thomson 800 Condominium were considered common property under the Land Titles (Strata) Act (LT(S)A) and whether the management corporation had a duty to maintain them. The dispute arose from a settlement agreement where the parties disagreed on the rectification of defects in the windows. The court, presided over by Justice Kan Ting Chiu, declared that while the affected windows were not currently part of the common property and the management corporation did not have a present duty to maintain them, the management corporation did have a duty to maintain the windows until 1 April 2005, under the pre-amendment LT(S)A.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Declaration granted that the management corporation had a duty to maintain the windows until 1 April 2005.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case regarding whether windows are common property under the Land Titles (Strata) Act and the duty to maintain them.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Hyundai Engineering & Construction Co LtdDefendantCorporationDeclaration AgainstLost
Management Corporation Strata Title Plan No 2504PlaintiffCorporationDeclaration Granted in PartPartial
K.S.M. Engineering Pte LtdDefendantCorporationDeclaration AgainstLost

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Vinodh S CoomaraswamyShook Lin & Bok
Kenneth ChooShook Lin & Bok
Leo Cheng SuanInfinitus Law Corporation
Alagappan s/o ArunasalamA Alagappan & Co

4. Facts

  1. The case concerns a dispute over windows in the Thomson 800 Condominium.
  2. The Management Corporation Strata Title Plan No 2504 is the plaintiff.
  3. Hyundai Engineering & Construction Co Ltd and K.S.M. Engineering Pte Ltd are the defendants.
  4. The dispute arose from a settlement agreement in a prior action.
  5. The settlement agreement included a clause requiring a court declaration on whether the windows were common property.
  6. The definition of common property changed due to amendments to the Land Titles (Strata) Act.
  7. The Building Maintenance and Strata Management Act (BMSMA) came into force on 1 April 2005.

5. Formal Citations

  1. Management Corporation Strata Title Plan No 2504 v Hyundai Engineering & Construction Co Ltd and Another, OS 1643/2006, [2007] SGHC 63

6. Timeline

DateEvent
Suit filed
Building Maintenance and Strata Management Act came into force
Settlement agreement executed
Judgment reserved

7. Legal Issues

  1. Definition of Common Property
    • Outcome: The court determined the definition of common property under both the pre-amendment and post-amendment Land Titles (Strata) Act.
    • Category: Substantive
  2. Duty to Maintain Common Property
    • Outcome: The court clarified the management corporation's duty to maintain windows as part of common property, particularly in light of legislative changes.
    • Category: Substantive

8. Remedies Sought

  1. Declaration that the windows are part of the common property or are liable to be maintained by the Plaintiffs
  2. Declaration that the Defendants are to rectify the defects to the external windows as specified in the Settlement Agreement

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Real Estate Law
  • Condominium Law

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Boswell v Crucible Steel CompanyEnglish Court of AppealYes[1924] 1 KB 119England and WalesCited regarding whether windows form part of the structure of a wall.
Holiday Fellowship Ltd v HerefordEnglish Court of AppealYes[1959] 1 WLR 211England and WalesCited in reference to Boswell v Crucible Steel Company regarding whether bay windows are parts of walls.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Land Titles (Strata) Act (Cap 158, 1999 Rev Ed)Singapore
Building Maintenance and Strata Management Act 2004 (No 47 of 2004)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Common property
  • Strata title
  • Management corporation
  • Windows
  • Land Titles (Strata) Act
  • Building Maintenance and Strata Management Act
  • Settlement agreement
  • Rectification
  • External elevations

15.2 Keywords

  • strata title
  • common property
  • windows
  • management corporation
  • singapore
  • land titles strata act
  • building maintenance and strata management act

17. Areas of Law

Area NameRelevance Score
Strata Titles80
Property Law75
Construction Law20
Contract Law15

16. Subjects

  • Strata Titles
  • Common Property
  • Property Law