Condo management has no power to make by-law: Judge

The MC of the Hoa Nam Building had sued unit owner Lian Tat Huat Trading (Lian Tat), which had leased its ground-floor premises to a coffee shop operator.
The MC of the Hoa Nam Building had sued unit owner Lian Tat Huat Trading (Lian Tat), which had leased its ground-floor premises to a coffee shop operator.ST PHOTO: ALPHONSUS CHERN

He says MC of building thus cannot decide on amount of damages that unit owner must pay

A condominium management corporation took a unit owner to court to pay damages it had based on a condo by-law - but the High Court ruled that the MC did not have the power to make such a by-law in the first place.

Striking down the MC's bid to seek some $344,000 from the owner, whose tenant had encroached on common walkway space, the judge said there was no provision under the Building Maintenance and Strata Management Act (BMSMA) for the MC to make such a by-law.

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A version of this article appeared in the print edition of The Straits Times on December 12, 2018, with the headline 'Condo management has no power to make by-law: Judge'. Print Edition | Subscribe