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Applications under Part VI of the Building Maintenance and Strata Management Act

What are the relevant legislations applicable to an application filed under the BMSMA?
The relevant legislations are the Building Maintenance and Strata Management Act and the Building Maintenance and Strata Management (Strata Titles Boards) Regulations 2005 which can be viewed under Resources.
Why must the Applicant pay $500 application fee?
Strata Titles Boards’ application fee of $500 is provided under the Building Maintenance and Strata Management (Strata Titles Boards) Regulations 2005. The $500 application fee covers 2 mediation sessions as well as the processing and administration costs of handling disputes.
Is the Applicant able to claim for a refund of the application fee from the Strata Titles Board?
There is no provision in the Building Maintenance and Strata Management (Strata Titles Boards) Regulations 2005 which allows the Strata Titles Boards to make refunds.
Can the Applicant make a claim against the Respondent for the reimbursement of the application fee?
As with any claim you make against the Respondent, the Board may make an order after hearing both parties.
If I am making an application as an individual, who should I get to sign my application form?
If you are applying as an individual and there is more than one (1) owner of the property unit concerned, it is advisable to state all the owners of the property unit as the applicants and you should obtain all their signatures in your application form.
What happens if one of the owners is not in Singapore and I am unable to obtain his/her signature on the application form?
If one or more of the property unit owners are not in Singapore or is unable to sign the application form for other valid reasons, he/she may issue a letter of authorisation to an authorised representative to sign the application form on his/her behalf.
Can an Applicant amend his application?
Yes. He can do so by submitting an Interlocutory Application (Form 11 (PDF, 119 KB) - Interlocutory Application to Amend Application or Other Document furnished to a Board) before the conclusion of the proceedings and subject to the Board’s approval.

Form 11 can be downloaded under Resources.

In considering whether an order would be made in terms of the application, supporting grounds and documents must also be submitted to the Registrar of the STB.

This application should be served on the Respondent within five (5) working days after filing with the Registrar. The applicant shall inform the Board or Registrar in writing, on the mode of service of the application with supporting document, at least seven (7) days prior to the date fixed for the hearing of the interlocutory application. The Respondent may thereafter serve a written notice of objection to the Interlocutory Application, on the Applicant and the Registrar, within seven (7) working days of being served with the Interlocutory Application. The application shall be heard before the Board if the Respondent objects to this application.
What should the Applicant or the Respondent do if he/she wants to add another party to the proceedings?
He has to submit an Interlocutory Application (Form 12 (PDF, 119 KB) – Interlocutory Application to Registrar for Order other than Amendment of Application or Document furnished to a Board). The procedure is similar to that mentioned above.

The Interlocutory Application must also be served on the intended third party who will be added to the proceedings.
In the event where the Strata Titles Boards has fixed a date for mediation of a case, can a party request in writing for a postponement of a date?
In general, the Strata Titles Boards does not allow any adjournment of a case, unless there are extenuating circumstances. The Board may consider such request, given that parties write in with their supporting grounds and documents at least three (3) working days prior to the scheduled date.

If a party is represented by a legal counsel who has another case fixed by the State Courts or High Court at the same time and date, the legal counsel may write in to the Board, at least three (3) working days prior to the affixed date, for their consideration.
Are the parties required to keep the Board informed of any updates between mediation sessions?
No, unless otherwise directed by the Board.

The Applicant should only write in to the Board if, in the interim of sessions, the matter has been resolved with the Respondent and the Applicant wishes to withdraw the application.

If a party writes to the Board on any matter in relation to the case, that party must copy his correspondence to the other party.
What happens if the Applicant or Respondent fails to turn up at the appointed mediation time?
If the Board is satisfied that the absent party has been duly notified of the mediation session and the Board is unable to bring about a settlement of the dispute, the Board may:
  1. Dismiss the application, if the absent party is the applicant; or

  2. Proceed to fix a date for direction or arbitration hearing.

Does the Strata Titles Boards provide minutes of meetings and mediation to the parties?
No, as the meetings and mediations are private and confidential and ‘Without Prejudice’. Any minutes recorded by Strata Titles Boards are for its internal use only.
What section(s) of the BMSMA applies to my application case?
The Strata Titles Boards is a quasi-judicial tribunal and we are unable to provide legal service. You should refer to the guide in your application form listing out sections of the BMSMA applicable and relevant to your application to the Strata Titles Boards.

Generally, if you wish to seek orders for any one (or more) of the following items, you may wish to refer to the following section(s) of the BMSMA as stated in the table below:-
Details Relevant Section(s) of the BMSMA
Disputes on inter floor water leakage Section 101(1)(a); and/or Section 101(8)
Settlement of a dispute with respect to exercise of a duty imposed by BMSMA or the by-laws of the property Section 101(c)
To convene a general meeting Section 102
To invalidate a resolution Section 103
To nullify a resolution Section 104
To revoke an amendment or addition of a by-law Section 105
To invalidate a by-law Section 106
To vary the rate of interest in respect of late payment of contribution Section 107
To vary the amount of contributions levied or the manner of payment thereof Section 108
To vary the amount of insurance to be provided Section 109
To make or pursue an insurance claim Section 110
That management corporation consents to the subsidiary proprietor’s proposal for alterations to the common property Section 111
To appoint a managing agent to perform certain powers Section 112
To supply documents Section 113
For entry to lot Section 114
To resolve dispute between management corporations and subsidiary management corporations Section 115

You should refer to the actual provisions in the BMSMA for the full meaning and effect of terms mentioned. If you are still unsure which section(s) applies to your case, you should seek independent legal advice.
What should I do if I settled the matter with the other party (or Respondent) at any time after submitting my application form (and supporting documents) to Strata Titles Boards?
In the event that you settled the matter, you should inform Strata Titles Boards in writing as soon as practicably possible. You should extend a copy of such notice to the Respondent(s). Once the Strata Titles Boards receives such notice, they will send both parties the following forms to fill in, sign and return to Strata Titles Boards’ office. The forms are as follows:-
  1. Withdrawal of Application (for Applicant) (PDF, 141 KB); and

  2. Consent to Withdrawal of Application (for Respondent) (PDF, 141 KB)

The forms can be found under resources and are available at Strata Titles Boards’ reception counter.
Can I appoint a lawyer to act for me during my proceedings at the Strata Titles Boards?
You may engage a lawyer to represent you, however, Strata Titles Boards’ proceedings generally do not require a party to be represented by a lawyer.
Can I see the judgments of past cases decided by the STB?
The Grounds of Decision or Judgments of past decided cases can be viewed under Resources.