Automobile Association v MCST Plan No 918: Car Park By-Laws Validity Dispute

The Automobile Association of Singapore (AAS) and Management Corporation Strata Title Plan No 918 (MCST) were in dispute over the validity of by-laws governing the use of the car park at the AA Centre. AAS sought a declaration that the by-laws were valid and injunctions to prevent MCST from contravening them. MCST sought a declaration that the by-laws were void. The High Court granted AAS's application and dismissed MCST's application, holding that the by-laws were valid and binding. The court ordered damages to be assessed by the Registrar.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Dispute over the validity of car park by-laws at the AA Centre. The court declared the by-laws valid and binding on the MCST.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Automobile Association of SingaporePlaintiff, DefendantAssociationDeclarations and injunctions sought grantedWon
Management Corporation Strata Title Plan No 918Defendant, PlaintiffCorporationApplication dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Chan Hock KengWongPartnership LLP
Suegene AngWongPartnership LLP
Chong Yong HuiWongPartnership LLP
Wong Siew HongEldan Law LLP
Poonaam BaiEldan Law LLP

4. Facts

  1. The AA Centre is a 14-storey mixed-use development comprising 30 strata lots.
  2. AAS owns two strata lots encompassing the first to sixth storeys, used for commercial purposes.
  3. The remaining 28 strata lots correspond to 28 residential units spread over the seventh to fourteenth storeys.
  4. AAS owns 3,128 (78.2%) of the 4,000 shares in the common property.
  5. The By-Laws were passed by special resolution at an Extraordinary General Meeting on 25 July 2003.
  6. The By-Laws allocated 66 car park spaces to AAS and 28 to the other subsidiary proprietors.
  7. The MCST sought to allocate only two car park spaces to AAS.

5. Formal Citations

  1. Automobile Association of Singapore v Management Corporation Strata Title Plan No 918 and another matter, Originating Summonses Nos 911 and 1074 of 2012, [2013] SGHC 214

6. Timeline

DateEvent
By-Laws passed by special resolution at an Extraordinary General Meeting
MCST's agent sent a letter to the Commissioner of Buildings enclosing the By-Laws
Section 41 of the Land Titles (Strata) Act repealed
MCST adopted the prescribed by-laws by special resolution at an Annual General Meeting
MCST informed subsidiary proprietors of the AA Centre that it was renewing the car park labels
Interim injunction granted pending the hearing of the two originating summonses
Hearing of both applications
Judgment issued

7. Legal Issues

  1. Validity of By-Laws
    • Outcome: The court held that the By-Laws are valid and binding on the MCST.
    • Category: Substantive
    • Related Cases:
      • [1990] 1 SLR(R) 617
  2. Termination of By-Laws
    • Outcome: The court held that the MCST was not entitled to terminate the By-Laws with reasonable notice.
    • Category: Substantive

8. Remedies Sought

  1. Declaration that the By-Laws are valid
  2. Injunction restraining the MCST from contravening the By-Laws
  3. Damages

9. Cause of Actions

  • Declaration of Validity of By-Laws
  • Injunction

10. Practice Areas

  • Civil Litigation
  • Real Estate Law

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Poh Kiong Kok v Management Corporation Strata Title Plan No 581High CourtYes[1990] 1 SLR(R) 617SingaporeCited to support the interpretation that prescribed by-laws must be interpreted as not applying to any part of the common property which has been designated as a car park.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) s 41Singapore
Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) ss 32 and 33Singapore
Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) Fourth Schedule para 14Singapore
Evidence Act (Cap 97, 1997 Rev Ed) s 108Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • By-Laws
  • Car Park
  • Strata Title
  • Management Corporation
  • Special Resolution
  • Common Property
  • Subsidiary Proprietor

15.2 Keywords

  • Strata Title
  • By-Laws
  • Car Park
  • Management Corporation
  • Singapore

17. Areas of Law

Area NameRelevance Score
Strata Title Law85
Property Law70
By-laws60
Contract Law40
Construction Law30
Civil Procedure20

16. Subjects

  • Strata Management
  • Property Law
  • By-Laws