Judicial Approach in MCST Cases: To defer to, or differ from, a Management Corporation?

In Singapore, subsidiary proprietors (“SP“) of strata titled developments are required to seek the management corporation’s (“MCST“) approval to effect improvements to their lot if it affects the appearance of the building, the overarching concern being that of uniformity. If the MCST declines such approval, the SP can bring an action to challenge the MCST’s decision. Guiding principles have been established in earlier cases but the analysis of the deference accorded to a MCST’s decision is a novel point.

In a recent decision, the MCST of a Development had issued a decision stopping an SP’s unapproved renovation works. While the District Court found in favour of the MCST, Gregory Vijayendran SC and Tomoyuki Lewis Ban from Rajah & Tann Singapore’s Dispute Resolution team, who were instructed Counsel, successfully appealed against the decision of the District Court and ordered the MCST to approve certain unapproved works. This Update elucidates (i) the considerations that the High Court in Prem N Shamdasani v Management Corporation Strata Title Plan No. 0920 [2022] SGHC 280 took into account in allowing the appeal; (ii) the High Court’s clarification of the legal framework under the BMSMA as to a MCST’s power to authorise a SP’s request to effect improvements to their lot; and (iii) how and when the exercise of such authority may be challenged.