Wu Chiu Lin v Management Corp: Strata Title, By-Laws & Common Property
Ms. Wu Chiu Lin appealed the Strata Titles Board's decision regarding the installation of coverings over trellises at the SunGlade condominium. The High Court of Singapore, on 28 February 2018, dismissed the appeal, finding that the installation of coverings constitutes exclusive use and enjoyment of common property, requiring a 90% resolution for approval. The court addressed issues of law, validity of by-laws, jurisdiction, and unreasonable refusal to consent.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding installation of coverings over trellises in SunGlade condominium. The key legal issue is whether this amounts to exclusive use of common property.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wu Chiu Lin | Appellant | Individual | Appeal Dismissed | Lost | Toh Kok Seng, Chen Chongguang, Daniel |
| MANAGEMENT CORPORATION STRATA TITLE PLAN NO 2874 | Respondent | Corporation | Appeal Dismissed | Won | Lee Swee Sian, Peh Bee Tien |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Toh Kok Seng | Lee & Lee |
| Chen Chongguang, Daniel | Lee & Lee |
| Lee Swee Sian | Unknown |
| Peh Bee Tien | Unknown |
4. Facts
- Ms. Wu sought to install coverings over roof trellises of her penthouse unit.
- Management Corporation rejected the application, citing trellises as common property.
- A special resolution was passed at the 11th AGM to allow trellis coverings subject to conditions.
- The Strata Titles Board dismissed the application, finding exclusive use of common property.
- The proposed coverings would be anchored to the wall of the building.
- The external walls of the building are maintained by the Management Corporation.
- The coverings will be about 130 mm above the trellis at the wall, and at the far end, will touch the trellis.
5. Formal Citations
- Wu Chiu Lin v Management Corporation Strata Title Plan No 2874, Tribunal Appeal No 13 of 2017, [2018] SGHC 43
6. Timeline
| Date | Event |
|---|---|
| 11th Annual General Meeting of the Management Corporation held | |
| Subsidiary proprietors requested approval for trellis coverings | |
| Management Corporation rejected the applications | |
| Counsel for subsidiary proprietors wrote to Management Corporation | |
| STB Application brought by subsidiary proprietors | |
| Management Corporation tendered written submissions | |
| Direction hearing before the Board | |
| Mediation before the Board | |
| Applicants and Management Corporation filed written submissions | |
| Parties filed additional submissions on costs | |
| Consent order recorded by the Board | |
| Parties produced Further Agreed Facts and Documents | |
| Parties tendered further submissions | |
| Board heard oral submissions from the parties | |
| Board issued its grounds of decision, dismissing the STB Application | |
| Ms Wu filed the present appeal | |
| Hearing | |
| Judgment reserved |
7. Legal Issues
- Exclusive Use and Enjoyment of Common Property
- Outcome: The court held that the installation of coverings over the roof trellises would constitute an exclusive use and enjoyment of common property.
- Category: Substantive
- Sub-Issues:
- Interpretation of 'common property'
- Interpretation of 'exclusive use and enjoyment'
- Validity of Trellis By-Law
- Outcome: The court held that the trellis by-law was not a valid authorization of the installation of the coverings because it required a 90% resolution.
- Category: Procedural
- Sub-Issues:
- Sufficiency of special resolution
- Compliance with Building Maintenance and Strata Management Act
- Unreasonable Refusal to Consent
- Outcome: The court held that the Management Corporation did not unreasonably refuse to consent to a proposal by the Applicants to effect alterations to common property.
- Category: Substantive
- Sub-Issues:
- Discriminatory treatment
- Compliance with rules and regulations
8. Remedies Sought
- Order to set aside the Board's decision
- Permission to install coverings over roof trellises
- Costs of the appeal and proceedings below
9. Cause of Actions
- Application for permission to install coverings over trellises
10. Practice Areas
- Real Estate Law
- Condominium Law
- Dispute Resolution
11. Industries
- Real Estate
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Eng Ghee and others v Mamata Kapildev Dave and others (Horizon Partners Pte Ltd, intervener) and another appeal | Court of Appeal | Yes | [2009] 3 SLR(R) 109 | Singapore | Cited for the definition of points of law subject to appeal under s 98(1) of the Building Maintenance and Strata Management Act. |
| Ng Swee Lang and another v Sassoon Samuel Bernard and others | Unknown | Yes | [2008] 1 SLR(R) 522 | Singapore | Cited for the definition of points of law subject to appeal under s 98(1) of the Building Maintenance and Strata Management Act. |
| Dynamic Investments Pte Ltd v Lee Chee Kian Silas and others | Unknown | Yes | [2008] 1 SLR(R) 729 | Singapore | Cited for the definition of points of law subject to appeal under s 98(1) of the Building Maintenance and Strata Management Act. |
| Liu Chee Ming and others v Loo-Lim Shirley | Unknown | Yes | [2008] 2 SLR(R) 764 | Singapore | Cited for the definition of points of law subject to appeal under s 98(1) of the Building Maintenance and Strata Management Act. |
| Edwards (Inspector of Taxes) v Bairstow | Unknown | Yes | [1956] AC 14 | England | Cited for the definition of points of law subject to appeal under s 98(1) of the Building Maintenance and Strata Management Act. |
| Northern Elevator Manufacturing Sdn Bhd v United Engineers (Singapore) Pte Ltd | Unknown | Yes | [2004] 2 SLR(R) 494 | Singapore | Cited as an example of a narrower definition of 'question of law' that was rejected in Ng Eng Ghee. |
| Yap Sing Lee v Management Corporation Strata Title Plan No 1267 | Unknown | Yes | [2011] 2 SLR 998 | Singapore | Cited for the proposition that a breach of the rules of natural justice can give rise to an appeal on a point of law. |
| Sit Kwong Lam v Management Corporation Strata Title Plan No 2645 | High Court | Yes | [2017] SGHC 57 | Singapore | Cited as a case where the subsidiary proprietor had proceeded to install works on common property without the approval of the management corporation. |
| Poh Kiong Kok v Management Corporation Strata Title Plan No 581 | Unknown | Yes | [1990] 1 SLR(R) 617 | Singapore | Cited for the principle that a parking scheme restricting use of common property requires a unanimous resolution. |
| Tan Cheng Bock v Attorney-General | Unknown | Yes | [2017] 2 SLR 850 | Singapore | Cited for the principle that primacy should be accorded to the text of the provision and its statutory context over any extraneous material when interpreting statutory provisions. |
| Management Corporation Strata Title Plan No 367 v Lee Siew Yuen and another | Unknown | Yes | [2014] 4 SLR 445 | Singapore | Cited for the legislative intent behind the simplification of the definition of 'common property' in 2004. |
| CRW Joint Operation v PT Perusahaan Gas Negara (Persero) TBK | Unknown | Yes | [2011] 4 SLR 305 | Singapore | Cited for the factors to consider when setting aside an arbitral award for exceeding jurisdiction. |
| PT Asuransi Jasa Indonesia (Persero) v Dexia Bank SA | Unknown | Yes | [2007] 1 SLR(R) 597 | Singapore | Cited for the factors to consider when setting aside an arbitral award for exceeding jurisdiction. |
| TMM Division Maritima SA de CV v Pacific Richfield Marine Pte Ltd | Unknown | Yes | [2013] 4 SLR 972 | Singapore | Cited for the principle that the court may consider issues that surface in the course of arbitration, even if not pleaded. |
| PT Prima International Development v Kempinski Hotels SA and other appeals | Unknown | Yes | [2012] 4 SLR 98 | Singapore | Cited for the principle that the court may consider issues that surface in the course of arbitration, even if not pleaded. |
| JD Ltd v Comptroller of Income Tax | Unknown | Yes | [2006] 1 SLR(R) 484 | Singapore | Cited for the principle that the court should endeavour to give significance to every single word in a particular provision. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Arbitration Act (Cap 10, 1985 Rev Ed) | Singapore |
| Arbitration Act (Cap 10, 2002 Rev Ed) | Singapore |
| International Arbitration Act (Cap 143A, 2002 Rev Ed) | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) | Singapore |
| Land Titles (Strata) Act (Cap 158, 1988 Rev Ed) | Singapore |
| Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Strata Title
- Common Property
- Trellis
- By-law
- Exclusive Use
- Management Corporation
- Subsidiary Proprietor
- Resolution
- Penthouse
- PES Trellis
- Roof Trellis
- Building Maintenance and Strata Management Act
15.2 Keywords
- strata title
- common property
- by-laws
- exclusive use
- trellis
- condominium
- Singapore
16. Subjects
- Real Property Law
- Strata Management
- Condominium Law
17. Areas of Law
- Strata Titles
- Building Maintenance and Strata Management Act
- By-laws
- Common Property