Applications under Part VI of the BMSMA

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

Q1: What are the rules that I should note when attending sessions at the Strata Titles Boards?

Please note that:

Any mode of digital recording is strictly prohibited - no cameras, video recorders and/or any other electronic recording devices are allowed to be used during the session;
Mobile phones should be switched off before the session commences;
No food is allowed in the mediation/hearing room;
Visitors dressed in inappropriate attire (e.g. singlets, shorts and slippers) will not be permitted to enter the mediation/hearing room; and
Any person who wilfully disrupts a session will be ordered to leave the room.

Q2: What is considered “appropriate attire” for the purpose of attending sessions at the Strata Titles Boards?

Examples of “appropriate attire” include formal wear, smart casual wear and traditional attire. Visitors dressed in singlets, shorts, slippers or other inappropriate attire will not be permitted to enter the room.

Q3: 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 Legislation.

Q4: 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.

Q5: Is the Applicant able to claim for a refund of the application fee from the Strata Titles Boards?

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.

Q6: 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.

Q7: 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.

Q8: 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 the property owner is not in Singapore and is unable to sign the application form for valid reasons, he/she may issue a letter of authorisation to authorise a respresentative to act for and make decisions for and on behalf of him/her.

Q9: Can an Applicant amend his/her application?

Yes. He/She can do so by submitting an Interlocutory Application Form before the conclusion of the proceedings and subject to the Board’s approval.

Interlocutory Application Form can be downloaded under Forms.

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 three (3) 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) days of being served with the Interlocutory Application. The application shall be heard before the Board if the Respondent objects to this application.

Q10: 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 (Interlocutory Application Form) – 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.

Q11: 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 seven (7) 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 seven (7) working days prior to the affixed date, for their consideration.

Q12: 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.

Q13: 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:

Dismiss the application, if the absent party is the applicant; or
Proceed to fix a date for direction or arbitration hearing.

Q14: 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.

Q15: 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 the terms mentioned. If you are still unsure which section(s) applies to your case, you should seek independent legal advice.

Q16: What should I do if I settled the matter with the 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:-

The forms can be found under Forms and are available at Strata Titles Boards’ reception counter.

Q17: 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.

Q18: Can I see the judgments of past cases decided by the Strata Titles Boards?

The Grounds of Decision or Judgments of past decided cases can be viewed under Judgments.