Mu Qi v Management Corp: Strata Title Dispute Over Awnings on Common Property
Mu Qi and Lim Swee Joo, subsidiary proprietors of a 15th-floor unit in Bullion Park, appealed a decision by the Strata Titles Board regarding unauthorized structures erected by 14th-floor unit owners on common property. The High Court allowed the appeal, finding that the Strata Titles Board erred in not ordering the Management Corporation Strata Plan No 1849 to remove the unauthorized awnings and restore the external walls, as the affected subsidiary proprietors were not parties to the proceedings. The court remitted the matter to the STB to make the necessary orders.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Strata title dispute regarding unauthorized awnings erected on common property. The court allowed the appeal, ordering removal of the structures.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lim Swee Joo | Appellant | Individual | Appeal Allowed | Won | |
| Mu Qi | Appellant | Individual | Appeal Allowed | Won | |
| The Management Corporation Strata Plan No 1849 | Respondent | Corporation | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Ang Cheng Hock | Judge of the High Court | Yes |
4. Counsels
4. Facts
- Appellants are SPs of a 15th floor unit in Bullion Park.
- 14th floor unit owners installed fixed awnings on their balconies.
- Awnings were affixed to the external walls of the development.
- Appellants complained about the awnings in 2011.
- Ordinary resolution passed in 2012 regarding structures on external walls.
- BCA did not acknowledge the 2012 by-law.
- 2018 resolution passed with 86.6% approval regarding fixed shelters.
- 2019 resolution passed with 89% approval regarding unauthorized additions.
5. Formal Citations
- Mu Qi and another v Management Corporation Strata Plan No 1849, Tribunal Appeal No 18 of 2020, [2021] SGHC 180
6. Timeline
| Date | Event |
|---|---|
| Awnings installed by 14th floor unit. | |
| Appellants wrote to respondent regarding awnings. | |
| 18th Annual General Meeting held. | |
| First appellant learned of 14th floor unit sale. | |
| Respondent replied regarding by-law expiration. | |
| 15th floor SPs sent joint letter to respondent. | |
| 24th AGM of the MCST held. | |
| Respondent's solicitors admitted difficulty in obtaining 90% vote. | |
| 25th AGM of the MCST held. | |
| STB 87/2019 hearing commenced. | |
| STB 87/2019 hearing continued. | |
| STB 87/2019 hearing continued. | |
| STB gave its decision. | |
| Hearing date. | |
| Judgment reserved. |
7. Legal Issues
- Unauthorized Structures on Common Property
- Outcome: The court held that the structures were unauthorized due to the lack of proper approval and ordered their removal.
- Category: Substantive
- Sub-Issues:
- Lack of 90% approval for permanent structures
- Validity of resolutions for approving structures
- Definition of common property
- Interpretation of Strata Management Resolutions
- Outcome: The court found that the resolutions passed were invalid as they did not comply with the requirements of the BMSMA.
- Category: Substantive
- Sub-Issues:
- Validity of resolutions passed without requisite majority
- Temporal limits of resolutions
- Scope of resolutions
- Duties and Powers of Management Corporation
- Outcome: The court clarified the duties of the management corporation in managing common property and enforcing by-laws.
- Category: Substantive
- Sub-Issues:
- Management and administration of common property
- Enforcement of by-laws
- Obligation to remove nuisances
8. Remedies Sought
- Order for removal of awnings
- Order for reinstatement of external walls
- Invalidation of resolutions
9. Cause of Actions
- Breach of Statutory Duty
- Nuisance
10. Practice Areas
- Strata Management Disputes
- Real Estate Litigation
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 appeals under s 98(1) of the BMSMA, including ex facie errors of law. |
| Management Corporation Strata Title Plan No 1272 v Ocean Front Pte Ltd (Ssangyong Engineering and Construction Co Ltd and others, third parties) | High Court | Yes | [1994] 3 SLR(R) 787 | Singapore | Cited to support the principle that the management corporation should normally sue and be sued in regard to common property in general. |
| Wu Chiu Lin v Management Corporation Strata Title Plan No 2874 | High Court | Yes | [2018] 4 SLR 966 | Singapore | Discussed in relation to whether external walls of a strata development are common property; the respondent suggested the court should not follow this decision. |
| Sit Kwong Lam v Management Corporation Strata Title Plan No 2645 | Unknown | Yes | [2018] 1 SLR 790 | Singapore | Cited to support the finding that external walls contribute to the appearance of the building and are capable of being enjoyed by subsidiary proprietors. |
| Poh Kiong Kok v Management Corporation Strata Title Plan No 581 | Unknown | Yes | [1990] 1 SLR(R) 617 | Singapore | Cited for the principle that s 41(8) of the LTSA (predecessor of s 33(1) of the BMSMA) contains an implied recognition of the rights of co-proprietors to the use and enjoyment of the common property. |
| Rosalina Soh Pei Xi v Hui Mun Wai and The Management Corporation Strata Plan No 4396 | Strata Titles Board | Yes | [2019] SGSTB 5 | Singapore | Cited as an example of STB cases where awnings are considered 'safety devices' under the Building Maintenance (Strata Management) Regulations 2005. |
| Mark Wheeler v The Management Corporation Strata Title Plan No 751 and another | Strata Titles Board | Yes | [2003] SGSTB 5 | Singapore | Cited as a decision holding that the external walls of a condominium development were common property. |
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 |
| Building Maintenance (Strata Management) Regulations 2005 (S 192/2005) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Subsidiary Proprietors
- Management Corporation
- Strata Titles Board
- Common Property
- Awnings
- Resolutions
- By-laws
- External Walls
- 90% Resolution
- Special Resolution
15.2 Keywords
- strata title
- common property
- awnings
- management corporation
- building maintenance
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Strata Title Law | 90 |
| Property Law | 75 |
| Construction Law | 15 |
| Administrative Law | 10 |
| Civil Procedure | 5 |
16. Subjects
- Strata Title Law
- Real Property Law
- Condominium Law