Condo Owners Lock Out Management Amid Roof Repair Crisis: Court's Urgent Intervention Needed!
2024-12-27
Author: Siti
SINGAPORE – A high-stakes battle is brewing in Bukit Batok as the management of Guilin View condominium seeks legal recourse to access a persistently neglected rooftop, compromised by a rebellious couple's refusal to grant entry.
For an astounding 16 years, the exterior of this stack of condominium units has languished without a fresh coat of paint, with the owners of the top-floor unit, Mr. Tan Eng Siang and his wife, Madam Quah Kim Lui, staunchly denying contractors the roof access they desperately need.
The tempestuous relationship ignited back in 2008, when various disputes surfaced between the couple and the management corporation. These included the crucial access clauses necessary for essential repairs and painting.
Recently, the management corporation escalated matters by filing a court application in February, requesting an order for entry into the couple's unit. This legal maneuver aims to eliminate further obstruction and allow contractors to conduct urgent repairs and repainting before further deterioration ensues.
With the case still pending in court, complications arose in December when the High Court deliberated a preliminary matter: whether the management corporation required permission, due to Mr. Tan being an undischarged bankrupt, to initiate legal action. The judge, Judicial Commissioner Mohamed Faizal, ruled that the management corporation could proceed without permission, as this case did not entangle the bankruptcy creditors.
In an unexpected turn, the judge's written judgment candidly portrayed the litigation as a "lose-lose proposition." He recommended mediation, urging both parties to seek a collaborative rather than combative resolution. "No benefit is to be had from litigation," he emphasized, indicating that it could merely perpetuate the couple's grievances while preventing necessary repairs.
The clock is ticking for Guilin View, which consists of five apartment blocks housing a total of 655 units completed in 2000. No doubt, Mr. Tan and Madam Quah's refusal of access presents a mounting challenge; not only does it hinder repair efforts but it also poses potential legal ramifications as per the Building Maintenance and Strata Management Act (BMSMA). If the couple continues to refuse access indefinitely, it could lead to serious violations of the law.
The situation has not gone unnoticed by other residents, who rallied complaints to the Building and Construction Authority (BCA). The BCA has urged the management to act swiftly to remedy the situation, underscoring its responsibility to maintain common property. Notably, regulations stipulate that external façades must be repainted every seven years— a guideline that has been sorely ignored here.
Interestingly, other owners of top-floor units have cooperated with the management—granting contractors entry for necessary work—contrasting sharply with the ongoing obstruction by Mr. Tan and Madam Quah. Initially, this couple allowed access, but their compliance waned as unresolved grievances with the management corporation mounted.
Madam Quah, unaccompanied by legal counsel, articulated her rationale against granting access, alleging unprofessional behavior from management contractors during previous allowed entries. Furthermore, she claimed that resultant property defects posed serious risks to her safety, insisting on her right to ensure a secure living environment.
As the tension escalates, all eyes are on the upcoming court proceedings, where the future of many residents—and the condition of their shared living space—hangs in the balance. As this saga unfolds, will the experts and the law broker a necessitated compromise, or will this be a battle of wills that could set a precedent for management disputes across Singapore’s vibrant condo scene? Stay tuned!