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Question
on application under Part VI of the Building Maintenance And Strata
Management Act
Question
on application under Part VA of the Land Titles (Strata) Act
Question
on application under Part VI of the Building Maintenance And Strata
Management Act
| 1. |
Q: |
Can I write
to the Strata Titles Boards to look into my problem? |
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A: |
No. You have to file
an application using the appropriate approved form which can
be downloaded from this website. |
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| 2. |
Q: |
Do I need to engage
a lawyer? |
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A: |
No, you may
file the application and appear before the Registrar or the
Board in person. Subject to the Board's approval, you may
also be represented by someone authorised by you. However,
it is advisable for you to check with a lawyer to see if you
have a case for filing an application. For administrative
issues, our staff may be able to assist you. |
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| 3. |
Q: |
Why must I pay the application fee of $500? |
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A: |
The application fee of $500 is prescribed by law under the Fees, Schedule of the Building Maintenance and Strata Management (Strata Titles Boards) Regulations. |
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| 4. |
Q: |
Will I be reimbursed
for the $500 application fee? |
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A: |
You may include all relevant
claims in your application. However, whether the fees will
be reimbursed depends on each individual case and its outcome. |
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| 5. |
Q: |
After submitting
an application and I wish to withdraw, will I get a refund
of the application fees? |
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A: |
No, there is no refund of application
fees. |
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| 6. |
Q: |
If there is water
leakage from the upper unit to the unit immediately below,
is the owner of the upper unit responsible for the rectification
of the leakage? |
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A: |
Where
there is evidence of water leakage into the lower unit,
it is presumed (in the absence of proof to the contrary)
that the defect is within the upper unit. The owner of the
upper unit should investigate and if confirmed that the
leakage is from his unit, then he should take immediate
steps to rectify the leakage.
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| 7. |
Q: |
What is mediation at STB? |
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A: |
Mediation is a process where parties involved co-operate with each other to resolve a dispute amicably, facilitated by the Board as the mediator.
The mediation proceedings are confidential and whatever is said by the parties at the sessions are treated as confidential and on ‘Without Prejudice’ basis.
If parties are prepared to be open and honest with each other and negotiate a solution in good faith, the chances of a successful mediation are high. |
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| 8. |
Q: |
What is the role of STB at mediation proceedings? |
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A: |
The Board’s role is to facilitate communication between parties, identification of issues, exploration of options and finding of a mutually acceptable settlement of the dispute.
The Board will be impartial and cannot give any legal advice, make decisions or provide solutions. |
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| 9. |
Q: |
What are ground rules for a successful mediation? |
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A: |
Parties should observe basic good manners and respect for one another. They should not resort to name calling, or make rude remarks about each other. When one party speaks, the other party should not interrupt. Each party will be given a chance to speak and respond to each other. |
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| 10. |
Q: |
What are the advantages of mediation? |
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A: |
Parties will save time, costs and inconvenience which is usually incurred should the dispute be heard in court instead. If mediation is unsuccessful, the dispute will proceed to a hearing in the STB court where the procedure is formal. Both applicants and respondents will have to present evidence in support of their respective case. The Board will make an order based on the evidence and merits of the case. There will be a winner and loser as such, unlike a mediation where the settlement is usually a win-win mutually acceptable solution. The order of the STB is enforceable in the Subordinate Courts. |
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| 11. |
Q: |
What should I do
if a party refuses or fails to comply with an order of the
Strata Titles Board? |
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A: |
You have to enforce the order
in the Subordinate Courts. A person who contravenes an order
made by a Board to do or refrain from doing a specified act
is guilty of an offence and is liable on conviction to a fine
not exceeding $10 000 or to imprisonment for a term not exceeding
5 years or to both. |
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| 12. |
Q: |
Where can I obtain
a copy of the BMSM Act and the Land Titles (Strata) Act? |
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A: |
You can purchase the BMSM Act
and the Land Titles (Strata) Act at the SNP Corporation Ltd
at |
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1 Kim Seng
Corporation Ltd
#18-01 Great World City East Tower
Singapore 237994 |
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Or |
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Or |
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Question
on application under Part VA of the Land Titles (Strata) Act
| 13. |
Q: |
Can a minority owner
object in person? Does he have to be represented by a lawyer? |
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A: |
Parties may represent themselves
or choose to be represented by a lawyer or such other person
as the Board may allow. |
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| 14. |
Q: |
What information
must I have to attach to form 24 or 25 (objection filed under Section
84A/E/FA by an individual)? How detailed must the information
be? |
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A: |
A unit owner who wishes to object
to an en-bloc sale has to furnish his particulars in form
24 or 25. In addition, all information which he feels is relevant
to his case should be listed in a logical order in an annex
attached to the form. A copy of the documents referred to
should also be given to the Board. |
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| 15. |
Q: |
Are
the minority owners responsible for the costs involved in
making the Application to the Strata Titles Boards? |
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A: |
Any
claim for costs in the Application will be decided by the
Strata Title Board at the conclusion of the hearing before
the Board.
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