Top 5 Interesting FAQ about By-Laws and House Rules in Strata Management

Under Paragraph 20 in the Third Schedule (By-laws) of SMR, the Management Body may without prior notice, remove or confiscate any property of a proprietor obstructed the common property. To seek advice from COB for appropriate action or solution. To educate the parcel owners of community living.

Paragraph 28(1) of SMR stated that unless prior approval in writing has been detained from the appropriate authority and the management body, a proprietor shall not:

Construct another floor level to his parcel (e.g. to split the level of any portion of the existing floor in the parcel by adding platforms). Relocate any external door or window of his parcel. Remove or make changes to any building safety feature in his parcel and notwithstanding such approvals, the proprietor shall indemnify and keep indemnified the management body against any liability which may be incurred or suffered as a result of such removal. Shift any plumbing and sewerage system in a parcel. Change or upgrade the whole electrical system in a parcel; or Illegally connect or tap electricity supply.

Paragraph 29 of SMR stated other prohibitions including:
Hacking, drilling and punching of nails or screws into walls are strictly prohibited within 300mm of any concealed or embedded pipes and electrical conduits. A proprietor shall ensure that all contractors are required to use a metal detector before any hacking or drilling of such walls, or punching of nails or screws into walls. The proprietor shall ensure that the contractors are also required to check the as-build building plans and drawings kept at the office of the management body.

A proprietor shall not cause or permit any fitting or fixture or any alteration or change to be made to the exterior of his parcel that will affect or change the appearance of the common property or building facade or encroach onto any part of the common property without the prior written approval of the management body. Building facade shall include external windows, balconies, terraces, common areas, open areas and all other visible parts of the building which constitute or form part of the exterior appearance of the building.

A proprietor shall not install any television/radio antenna or disc on the rooftop or on any external part of the building without the written consent of the management body. Except for air-conditioning condensers which are already installed, the installation of outdoor air-conditioning condensers shall be positioned at the designated areas approved by the management body. The mounting of any air-conditioning on any other exterior areas of the building is strictly prohibited. All exposed pipes are to be laid in suitable conduits/ducts and to be painted according to the color of the exterior building facade. The outlet of the discharge pipe shall be placed at the nearest floor trap provided at the approved designated area or connected to a common designated discharge pipe, as the case may be. A proprietor shall ensure that his contractor installs all air-conditioning units according to the standard specification and such air-conditioner units shall not cause vibration, annoyance and discomfort to other occupiers. Contractor can be barred from entry if they are carrying out any work against the By-laws. Please seek advice from COB for appropriate action.

This is against the Paragraph 29(2) of By-law under the Third Schedule of SMR. A report should be made to COB for further action if owner refuse to remove the cover constructed. The question is how could contractor be allowed into the strata property to carry out such work or why supervision was not carried out by the property manager to stop the work?

It is a good idea to introduce additional by-law to the schedule By-laws to control change to entrance door, installation of grille etc. Installing awning roof and window will change the facade of the building and is against the Paragraph 29(2) of By-laws under the Third Schedule of SMR.

However it is a common practice for developer to issue a suggested main door grille design in order to blend with the main door and the building architecture. Kindly note that Installing grille is against the BOMBA fire safety guideline.

Item (g) of the agenda of annual general meeting as per Form 5 of the SMR is to make any additional By-laws. As the first AGM is conducted by the developer, it is the responsibility of the developer to propose to adopt the SMR scheduled By-laws and to propose any additional By-laws.

The By-laws set out in the Third Schedule of SMR and any additional By-laws made under the Strata Management Act 2013 shall bind the developer, the JMB, the MC or the Subsidiary MC, as the case may be, and the purchaser, parcel owners or proprietors, and any chargee or assignee, lessee, tenant or occupier of a parcel to the same extent as if the By-laws or the additional By-laws have been signed or sealed by each of the person or body mentioned above and contain mutual covenants to observe, comply and perform all the provisions of the By-laws or additional By-laws [Paragraph 1 of Third Schedule, SMR].