In an earlier decision of the Strata Titles Board ( STB 6 of 2022), the Board ruled that Reserved Council Office under Section 53A BMSMA applies to strata developments approved as Mixed-Use shown in the Written Permission issued by the URA.
The MCST filed an appeal. In MCST 2553 v Chia Yew Liang &others[2022] SGHC 290, the High Court ruled that if Parliament had intended that the authorised classes of use under the Planning Act for the purposes of Section 53A(1) of the BMSMA were to be determined according to the URA land zoning, the provision could have stated so expressly in those terms, but it did not. On the contrary, Section 53A of the BMSMA makes no mention of land zoning.Reserved Council Office shall apply to a management corpration if it meets the requirements in Section 53A(1) BMSMA:
1. It has more than 3 subsidiary proprietors; and
2. Consisting strata lots with 2 or more of the following classes of authorised use:
(a) Residence
(b) Commercial (other than office ) such as shop,food establishment or theatre
(c) Office
(d) Boarding premises, such as a hotel, serviced apartment or nursing home
(e) Prescribed use.
#management #planningpermission #stratamanagement #managingagents #landuse