Mr Daniel Chen of Lee & Lee was the Keynote Speaker for two very interesting and important topics :Understanding Council Members’ Duties & Liabilities and the Conduct of Council Meetings, at a webinar organised by the People’s Association and the MCST Association.
Someone asked: “Are the MCST and Council Members liable if a strata lot is used illegally?”
The principal duty of the MCST (and therefore Council) is to control, administer and manage the common property of an MCST. The authority to govern the use of any private land in Singapore falls under the Urban Redevelopment Authority (URA). The power relating to the use of a strata lot does not fall under the MCST nor its Council Members. Then why should URA frequently requested applicants for change of use applications to seek written consents from the MCSTs before URA grant any approval❓️Any written representation from the MCST merely serve as information for the authority to arrive at its decision. Even if an MCST were to refuse support of an application, the URA still has the power to grant a change of use as it deem fit.
However, if an occupant of a strata lot were carrying out activities causing inconvenience, nuisance or affecting the reputation of an estate, eg for vice activities, the Council and the MCST should take action to uphold the Prescribed Bylaw (Statutory Bylaw).
Another interesting question raised was about the accessibility of Council Members to information of an MCST where personal data were involved.
Who owned the information of an MCST❓️
Document and information (both hard and soft copies) of an MCST belong to the MCST.An appointed Managing Agent (MA) merely held the document and information as an agent. The elected Council Members represent the MCST and require information for discharge of their duties. They should not be denied access to information unless there is any element of conflict.
✅️The MA and the Council should work out guidelines on how information be managed when a Council Member request for information from the MCST.
✅️Any Council Member that were granted information of the MCST should only use these information for his capacity as a Council Member. He should not use any information obtained for personal gain.
Another topic about the insured sum for Damage Policy was also discussed. The Council has a duty to ensure that the sub-divided building is insured at full reinstatement value. The construction cost has risen many times especially after the COVID-19 pandemic. Action should be taken to seek valuation to ensure adequate coverage for the sub-divided building.
More information about strata management can be found in“ A Practical Guide to Strata Management in Singapore (2nd Edition)”. You may obtain this book https://www.wisely98.com/publications.
Wisely 98 Pte Ltd
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