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Proposal to give MCSTs of private buildings power to enact by-laws

SINGAPORE — Management corporations (MCSTs) of private buildings may soon be empowered to fine their occupants for offences such as littering, obstructing or causing damage to common property and causing fire hazards on the property.

SINGAPORE — Management corporations (MCSTs) of private buildings may soon be empowered to fine their occupants for offences such as littering, obstructing or causing damage to common property and causing fire hazards on the property.

The fine, however, could be capped at S$200 and will only be paid to the building’s management fund.

The proposal to give MCSTs of strata properties more control to deal with errant occupants is one of the 37 recommendations laid out by the Building and Construction Authority (BCA) yesterday, as it began its second round of public consultation on proposed changes to the Building Maintenance and Strata Management Act.

The amendments are meant to achieve three objectives: Greater transparency, higher competency among managing agents, and better clarity and understanding of the rules.

There are about 2,900 MCSTs in Singapore, according to the BCA.

During the first round of public consultation between April and May last year, over 2,000 responses were gathered through an online survey, face-to-face interviews, a town hall session, written correspondence and emails. A 10-member panel, which included representatives from industry associations, developers and managing agents, was then set up to review the suggestions.

Currently, MCSTs have to apply to the courts for a conforming or restraining order to deal with errant occupants. “Court action by the MCST is costly and hence discourage MCST from enforcing the breach of by-laws,” said the 48-page consultation paper.

It added that the proposition of imposing fines to a restricted list of prescribed by-laws would allow MCSTs to “better manage and administer the use and enjoyment of common properties, without being seen as being too harsh” to residents. The offences also include high-rise littering, for which management can only currently issue circulars and advisories as warnings.

Another recommendation was to tighten the proxy system to prevent a person from dominating the voting process, by capping the number of proxies at 2 per cent of the total number of lots in the development, or two proxies, whichever is higher. This comes amid a rising number of complaints aired in the media on persons influencing decision-making in general meetings by using large numbers of proxy votes.

During the public consultations, more than 70 per cent of 1,300 respondents had indicated that there should be a restriction on the number of proxies a person can hold. Of these, 64 per cent had voted the number be capped at 5 per cent, while 17 per cent voted for a 2 per cent cap. “BCA is of the view that a lower cap of 2 per cent will also prevent abuse by ensuring no single person dominates the meeting through the use of proxies.”

In addition, the panel suggested proxy forms be amended to require the signatures of both the proxy giver and holder, so that “onus is placed on the proxy holder to ensure that he does not exceed the cap”. All proxy forms must also be documented and kept in the management’s records.

The proposed amendments will also make it compulsory for all managers or managing agents to undergo specific training to improve their knowledge and skills in providing advice to MCSTs. The panel also suggested “a full-licensing regime” for managing agents in the “longer term”.

The authority will be seeking more feedback in a second public consultation exercise on the proposed recommendations. Feedback can be submitted to the BCA by Oct 31.

Details of the consultation paper and submission procedures are available on the BCA’s website (http://www.bca.gov.sg) and REACH’s website (http://www.reach.gov.sg).

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