Cheng Hiap Choon v Management Corporation: Validity of Collective Nomination in Strata Title Council Elections
In Cheng Hiap Choon and others v Management Corporation Strata Title Plan No 3001, the High Court of Singapore addressed the validity of a collective nomination of subsidiary proprietors (SPs) for council elections under the Building Maintenance and Strata Management Act (BMSMA). The applicants appealed against the Strata Titles Board’s decision, arguing that the collective nomination of nine SPs was invalid. Justice Andre Maniam dismissed the appeal, holding that each SP was exercising their individual right to run and nominate themselves, which is valid under the BMSMA.
1. Case Overview
1.1 Court
General Division of the High Court 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
The High Court held that the collective nomination of subsidiary proprietors for strata title council elections was valid under the BMSMA.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Cheng Hiap Choon | Applicant | Individual | Appeal Dismissed | Lost | |
| Muthu Jagannath | Applicant | Individual | Appeal Dismissed | Lost | |
| Peter Chen Keng Or | Applicant | Individual | Appeal Dismissed | Lost | |
| Management Corporation Strata Title Plan No 3001 | Respondent | Corporation | Appeal Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andre Maniam | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wong En Hui Charis | Covenant Chambers LLC |
| Teh Ee-Von | Infinitus Law Corporation |
4. Facts
- The 2021 council elections of “The Warren” development were contested.
- The applicants applied to a Strata Titles Board to invalidate the elections.
- One contention was that the collective nomination of nine individual SPs was invalid.
- The STB dismissed the application on other grounds without deciding on the collective nomination point.
- The applicants appealed to the High Court.
- The High Court decided that the collective nomination of the nine individual SPs was valid.
- The applicants accepted that this was fatal to their appeal.
5. Formal Citations
- Cheng Hiap Choon and others v Management Corporation Strata Title Plan No 3001, Tribunal Appeal No 21 of 2021, [2022] SGHC 16
6. Timeline
| Date | Event |
|---|---|
| Hearing date | |
| Judgment issued | |
| 2021 council elections of “The Warren” development |
7. Legal Issues
- Validity of Collective Nomination
- Outcome: The court held that the collective nomination of individual subsidiary proprietors was valid under s 53(6)(a) of the BMSMA.
- Category: Substantive
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Strata Management
- Tribunal Appeals
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Cheng Hiap Choon and others v Management Corporation Strata Title Plan No 3001 | General Division of the High Court | Yes | [2022] SGHC 16 | Singapore | This is the current judgment itself. |
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 and Strata Management Act (Cap 30C, 2008 Rev Ed) s 53 | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) s 53(1) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) s 53(2) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) s 53(6) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) s 53(6)(a) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) s 53(6)(b) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) s 53(6)(c) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) s 53(7) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) s 53(8) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) s 53(8)(a) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) s 53(8)(b) | Singapore |
| Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) s 53(12) | Singapore |
| Land Titles (Strata) Act (Cap 158, 1985 Rev Ed) | Singapore |
| Land Titles (Strata) Act (Cap 158, 1985 Rev Ed) s 57(5) | Singapore |
| Land Titles (Strata) Act (Cap 158, 1985 Rev Ed) s 57(6) | Singapore |
| Land Titles (Strata) Act (Cap 158, 1985 Rev Ed) s 57(7) | Singapore |
| Land Titles (Strata) Act (Cap 158, 1985 Rev Ed) s 30(4) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Subsidiary Proprietor
- Strata Titles Board
- Management Corporation
- Council Elections
- Collective Nomination
- Building Maintenance and Strata Management Act
- Single-Lot SPs
- Multiple-Lot SPs
15.2 Keywords
- Strata
- Management
- Council
- Nomination
- Election
- BMSMA
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Strata Titles | 85 |
| Management Council | 80 |
| Property Law | 75 |
| Civil Procedure | 30 |
| Corporate Law | 25 |
16. Subjects
- Strata Titles
- Management Council
- Nomination Process