Sit Kwong Lam v Management Corporation: Strata Title, Common Property Dispute
Sit Kwong Lam appealed to the Court of Appeal of the Republic of Singapore against the decision of the High Court, which had affirmed the Strata Titles Board's decision regarding the interpretation of 'common property' under the Building Maintenance and Strata Management Act. The Management Corporation Strata Title Plan No 2645 contended that Sit Kwong Lam breached by-laws by carrying out unauthorized works on common property. The court dismissed the appeal, finding that the works were indeed carried out on common property and that Sit Kwong Lam had breached the relevant by-laws.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the definition of 'common property' under the BMSMA. The court dismissed the appeal, finding the appellant breached by-laws by carrying out unauthorized works.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| SIT KWONG LAM | Appellant | Individual | Appeal Dismissed | Lost | Yeo Khirn Hai Alvin, Candy Agnes Sutedja, Hannah Lee, Damien Xing |
| MANAGEMENT CORPORATION STRATA TITLE PLAN NO 2645 | Respondent | Corporation | Appeal Dismissed | Won | Subramanian s/o Ayasamy Pillai, Perera Randall Mingyang, Joel Wee Tze Sing |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Judith Prakash | Judge of Appeal | No |
| Steven Chong | Judge of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Yeo Khirn Hai Alvin | WongPartnership LLP |
| Candy Agnes Sutedja | WongPartnership LLP |
| Hannah Lee | WongPartnership LLP |
| Damien Xing | WongPartnership LLP |
| Subramanian s/o Ayasamy Pillai | Colin Ng & Partners LLP |
| Perera Randall Mingyang | Colin Ng & Partners LLP |
| Joel Wee Tze Sing | Colin Ng & Partners LLP |
4. Facts
- Appellant, a subsidiary proprietor, carried out works on ledges, a flat roof, and an external wall of a condominium.
- The works included installing timber decking on ledges and a flat roof, and an air-conditioning ventilation unit on an external wall.
- The Management Corporation contended that these areas were common property and the works were carried out without approval, breaching by-laws.
- The areas where the works were carried out were demarcated as common property on the strata title plan.
- The Appellant argued that the works were intended to prevent harm to his children, falling under an exception in the by-laws.
- The Strata Titles Board and the High Court found in favor of the Management Corporation, concluding the areas were common property and the by-laws were breached.
5. Formal Citations
- Sit Kwong Lam v Management Corporation Strata Title Plan No 2645, Civil Appeal No 28 of 2017, [2018] SGCA 14
6. Timeline
| Date | Event |
|---|---|
| Application for renovation works submitted by Glory Sky Technology Ltd | |
| Respondent discovered timber decking installed on ledges (Work 1) | |
| Respondent advised Appellant to submit a formal application for Work 1 | |
| Appellant submitted application for Work 1 | |
| Respondent advised Appellant to sponsor a resolution at the next Annual General Meeting | |
| Respondent discovered timber decking on the flat roof (Work 2) | |
| Respondent discovered air-conditioning ventilation unit installed (Work 3) | |
| Appellant tabled motions at AGM seeking exclusive use of the areas | |
| Appellant filed application to the Strata Titles Board | |
| Strata Titles Board dismissed the application | |
| Appellant filed Originating Summons No 246 of 2016 | |
| Hearing in the Court of Appeal | |
| Judgment delivered by the Court of Appeal | |
| High Court released its decision in Wu Chiu Lin v Management Corporation Strata Title Plan No 2874 |
7. Legal Issues
- Interpretation of 'Common Property' under the Building Maintenance and Strata Management Act
- Outcome: The court held that the two limbs of the definition of 'common property' in s 2(1) of the BMSMA are to be read conjunctively, and that the second limb should be interpreted broadly.
- Category: Substantive
- Sub-Issues:
- Conjunctive vs. Disjunctive Interpretation of Definition Limbs
- Exclusive Use vs. Use by Multiple Occupiers
- Breach of By-Laws for Unauthorized Works on Common Property
- Outcome: The court found that the appellant breached by-laws by installing structures on common property without prior approval and that the exceptions for preventing harm to children did not apply.
- Category: Substantive
- Sub-Issues:
- Installation of Structures without Approval
- Applicability of Exceptions for Preventing Harm to Children
8. Remedies Sought
- Declaration that no by-laws were breached
9. Cause of Actions
- Breach of By-Laws
- Unauthorised Alteration of Common Property
10. Practice Areas
- Real Estate Law
- Condominium Law
- Civil Appeals
11. Industries
- Real Estate
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Cheng Bock v Attorney-General | Court of Appeal | Yes | [2017] 2 SLR 850 | Singapore | Cited for the purposive approach to statutory interpretation mandated by s 9A of the Interpretation Act. |
| Kori Construction (S) Pte Ltd v Nam Hong Construction & Engineering Pte Ltd | High Court | Yes | [2015] 2 SLR 616 | Singapore | Cited as authority for the proposition that under the rules of statutory interpretation, the word “and” could be interpreted as either conjunctive or disjunctive, depending on the context. |
| Dyna-Jet Pte Ltd v Wilson Taylor Asia Pacific Pte Ltd | High Court | Yes | [2017] 3 SLR 267 | Singapore | Cited for the principle that statutory definitions are construed according to their natural and ordinary meaning unless some other course is clearly required. |
| Constitutional Reference No 1 of 1995 | Court of Appeal | Yes | [1995] 1 SLR(R) 803 | Singapore | Cited for the principle that the relevant Parliamentary intention is to be found at the time the law was enacted. |
| Tsui Sai Cheong and another v MCST Plan No. 1186 (Loyang Valley) and others | High Court | Yes | [1995] 3 SLR(R) 713 | Singapore | Cited by the appellant in relation to the nature of the works and whether the timber decking altered the appearance of the facade of the building. |
| Wu Chiu Lin v Management Corporation Strata Title Plan No 2874 | High Court | Yes | [2018] SGHC 43 | Singapore | Cited for the principle that the statutory definition of “common property” promoted a dichotomous classification of strata title property as either common property or private property, and should not permit a third category of property that amounted to a “no man’s land”. |
| PMT Partners Pty Ltd v Australian National Parks and Wildlife Service | High Court of Australia | Yes | PMT Partners Pty Ltd v Australian National Parks and Wildlife Service (1995) 131 ALR 377 | Australia | Cited for the principle that statutory definitions are construed according to their natural and ordinary meaning unless some other course is clearly required. |
13. Applicable Rules
| Rule Name |
|---|
| Second Schedule to the Building Maintenance (Strata Management) Regulations 2005 (GN No S 192/2005), by-law 5 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed), s 2(1) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed), s 33(1)(c) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed), s 98(1) | Singapore |
| Land Titles (Strata) Act (Cap 158, 2009 Rev Ed) | Singapore |
| Land Titles (Strata) Act (Cap 158, 2009 Rev Ed), s 10(2) | Singapore |
| Land Titles (Strata) Act (Cap 158, 2009 Rev Ed), s 9(1) | Singapore |
| Land Titles (Strata) Act (Cap 158, 2009 Rev Ed), s 9(3) | Singapore |
| Land Titles (Strata) Act (Cap 158, 2009 Rev Ed), s 13(1) | Singapore |
| Boundaries and Survey Maps Act (Cap 25, 2006 Rev Ed) | Singapore |
| Land Titles (Strata) (Amendment) Act 1976 (No 4 of 1976), s 2(d) | Singapore |
| Land Titles (Strata) Act (Cap 158, 1999 Rev Ed), s 3(c)(vi) | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed), s 9A | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed), s 29(1)(a) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed), s 88(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Common Property
- Strata Title
- Subsidiary Proprietor
- Management Corporation
- By-Laws
- Building Maintenance and Strata Management Act
- Strata Title Plan
- Ledges
- Flat Roof
- External Wall
15.2 Keywords
- Strata Title
- Common Property
- Building Maintenance
- Renovation
- By-Laws
- Singapore
- Condominium
16. Subjects
- Real Property Law
- Condominium Law
- Statutory Interpretation
17. Areas of Law
- Strata Titles
- Land Law
- Building Maintenance and Strata Management Act
- Statutory Interpretation