Court ruling balances property rights with community safety in renovation disputes.
Case Overview
The High Court has upheld the Strata Titles Board’s decision allowing the Management Corporation Strata Title (MCST) at Highland Centre to inspect a resident’s home. The inspection aimed to assess potential damage to common property caused by renovation works.
The dispute began in August 2022 when a burst pipe in the unit revealed extensive wall hacking during renovations. The MCST, concerned about structural integrity, sought professional advice, which highlighted potential risks.
Legal Decisions
In June 2024, the Strata Titles Board granted the MCST access despite the absence of definitive proof of damage. The homeowners, Mr. Tan Wei Loong and Ms. Chin Lei Tze, appealed the decision, citing privacy concerns. However, the High Court ruled in September 2024 that the MCST’s “reasonable basis” for concern was sufficient to justify the inspection.
Implications of the Ruling
This precedent allows MCSTs to inspect private units under certain conditions, even without direct evidence of damage. Lawyer Daniel Chen noted that this extends an MCST’s rights beyond conducting repairs to include preemptive inspections.
Privacy and Abuse Concerns
The ruling has sparked debate over property rights and potential misuse. Mr. S.K. Cheah, a retiree with years of MCST experience, acknowledged the practicality of the decision but emphasized the need for safeguards.
Safeguards outlined by the High Court include requiring the MCST to demonstrate “reasonable concerns formed on a reasonable basis” before seeking access.
