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20 January 2014


CNP Partner successfully defends ultra vires application against Parc Oasis Condominium's management corporation in a Strata Board test case


A condominium's Management Corporation Strata Title (MCST) has the right and duty to manage common property, and by-laws may be passed to impose conditions, such as fees, for their use. In a test case involving the levying of additional monthly parking fees for owners who park multiple cars in the condominiumís car park, the Strata Titles Board ruled on 15 January 2014 that Parc Oasis Condominium's management corporation had not acted ultra vires, or beyond the authorised power, of MCSTs in the Building Maintenance and Strata Management Act. Owners with multiple cars were not discriminated against as they were not obliged to use the spaces in the estate for their additional cars. More importantly, the Board found that Parc Oasis Condominium's MCST had not breached its duties to manage the condominiumís common property, as the additional parking fees were used to defray a maintenance fee deficit which went to the upkeep of the estate and were not solely for the benefit of those who owned one car.

Colin Ng & Partners LLP advised and acted for the Parc Oasis Condominium MCST in the Strata Titles Board application. Our Partner Subramanian Pillai and Associate Leow Zi Xiang successfully represented the MCST in this application.





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