Encroachment and obstruction are common issues at most strata developments. These issues are further compounded when there is limited space within a strata lot for activities that are to be carried out regularly as much as daily basis by any occupant.
Among others, the Court in the subject case cited Paragraph 3(1) of the Prescribed Bylaw : A subsidiary proprietor or an occupier of a lot shall not obstruct the lawful use of the common property by any person, except on a temporary and non-recurring basis.
The plaintiff has successfully applied for an injunction to limit the defendant in using the common property. The judge also ruled that : “It is reasonable for a management corporation to take action against one subsidiary proprietor as a ‘test case’, with a view to proceeding against other subsidiary proprietors at a later stage if necessary. This would potentially save costs as other subsidiary proprietors in breach may comply in the light of an order given against the subsidiary proprietor in the test case. Prima facie, it is for a Plaintiff to decide which potential Defendant it wishes to proceed against.”
The defendant has appealed against the decision.
For harmony sake, all occupants in a strata development should observe consideration and tolerance for others. The interest of one party should not cause others to be inconvenient nor to suffer.
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