FAQ on By-Laws

Question

What is By-laws?

Answer

With the introduction of Strata Management Act 2013 (SMA) came a greater uniformity of law, regulation and policy relating to duties and responsibilities in the maintenance and management of strata buildings and common property.

In order to carry out the provisions laid out in the SMA efficiently, Section 150 of SMA empower the Minister to make regulations and prescribe any matter required to ensure the proper maintenance and management of the buildings, common property or limited common property. Hence, Strata Management (Maintenance and Management) Regulations 2015 (SMR)was introduced pursuant to Section 150 of SMA.

In the SMR, a set of By-laws have been prescribed under the Third Schedule. These By-laws apply to all existing and future strata property, regardless of the existence of any deed of mutual covenants (DMC) and/or House Rules.

When the SMR and its By-laws came into operation in 2015, any provisions in the DMC and/or House Rules that are inconsistent or contradict the provisions of the SMR or its By-laws would cease to have effect

Ref: Section 148, SMA: On the coming into operation of this Act, in a local authority area or part of a local authority area or in any other area, the provisions of any written law, contracts and deeds relating to the maintenance and management of buildings and common property in as far as they are contrary to the provisions of this Act shall cease to have effect within the local authority area or that other area.

The By-laws in the Third Schedule of the SMR consist of eight parts and runs into 15 pages. They set out details concerning the functions, powers and duties of the management body and its responsibilities in maintaining, managing and administering the building and common property for the benefit of all residents. It also covers various laws pertaining to the duties and responsibilities of strata unit owners and the consequences faced when By-laws are breached.

A brief description of the 8 parts of the By-laws, as follows:

Part 1

Introduction on the applicability of the By-laws and their interpretation

Part 2

Function, duties and responsibilities of the management body in respect of the maintenance and management of the building and common properties, including enforcement of By-laws, action on defaulters and the imposing of fines upon breach of By-laws.

Part 3

The duties of strata unit owners to make all payments due, provide access to unit for investigation of defects, maintain the strata unit in a reasonable state of repair and maintenance, not cause nuisance to others, undertake pest control, adhere to general prohibitions and rules on the keeping of animals.

Part 4

The rules and regulations on the use and care of common properties, common facilities, fire-fighting installations, garden, lawns and potted plants, along with rules regarding unobstructed fire escape routes and encroachment on common property.

Part 5

The rules and regulations on parking protocols, use of car park bays, vehicular obstruction and safe driving within the compound.

Part 6

On proper disposal of solid waste, include prohibitions on the accumulation and/or throwing of dirt, garbage, rubbish and/or causing blockage to water closets, manholes or drains.

Part 7

The rules and regulations on renovation works and repairs, including outlining processes, limitations and prohibitions.

Part 8

Provides power to the management body to act and to handle proceedings as agent for proprietors in case of defects to strata units that may affect other strata units or the common property.

 

Reference

The By-laws set out in this Third Schedule and any additional by-laws made under the Strata Management Act 2013 (“the Act”) shall bind the developer, the joint management body, the management corporation or the subsidiary management corporation, as the case may be, and the purchaser, parcel owners or proprietors, and any chargee or assignee, lessee, tenant or occupier of a parcel to the same extent as if the by-laws or the additional by-laws have been signed or sealed by each of the person or body mentioned above and contain mutual covenants to observe, comply and perform all the provisions of the by-laws or additional by-laws

[Paragraph 1(1), Third Schedule, SMA] 

These by-laws shall apply to any development area:

  • during the management by the developer before the joint management body is established, under Chapter 2 of Part IV of the Act;
  • during the management by the joint management body, under Chapter 3 of Part IV of the Act;
  • during the management by the developer before the first annual general meeting of the management corporation, under Chapter 2 of Part V of the Act;
  • during the management by the management corporation after first annual general meeting of the management corporation under Chapter 3 of Part V of the Act; and
  • during the management by the subsidiary management corporation after it has been established in respect of the limited common property under Chapter 4 of Part V of the Act.

 

[Paragraph 1(2), Third Schedule, SMA]

For the purpose of giving effect to subparagraph 1(2) of these by-laws:

  • a reference to the “management corporation” shall be construed as a reference to the developer (during the developer’s management period and during the preliminary management period), joint management body or the subsidiary management corporation, as the case may be;
  • a reference to the “management committee” shall be construed as a reference to the joint management committee or the subsidiary management committee;
  • a reference to the “proprietor” shall be construed as a reference to the purchaser or parcel owner; and
  • a reference to “share units” shall be construed as a reference to the allocated share u

 

[Paragraph 2(1), Third Schedule, SMA]

In these by-laws or any additional by-laws made under the Act, “building” means buildings if more than one, and includes part of a building

[Paragraph 2(2), Third Schedule, SMA]

 

Any reference to a purchaser, parcel owner or proprietor shall include his family or any chargee, assignee, lessee, tenant, occupier or invitee of his parcel

[Paragraph (3), Third Schedule, SMA]