AMBIGUITIES IN SECTION 103 OF LAND TITLES (STRATA) ACT : DISPUTES RELATING TO WATER LEAKAGE

Abstract

Over the years, strata title housing has seen tremendous growth in Singapore. Due to the different perceptions of responsibility and obligations, conflicts tend to occur very frequently among the parties in the strata title scheme. There are conflicts that can be resolved privately between the parties involved, and yet there are also those that cannot be settled amicably. Therefore, the Strata Title Board is empowered by legislation to hear disputes that arise in such housing type, and make orders to ensure that none of the disputants is unfairly aggrieved. Under the various provisions of the Land Title (Strata) Act, (Chapter 158), there are several types of disputes that can be adjudicated by the Board. With an overwhelming number of cases taken to the Board, majority of them fall under section 103 of the Land Title (Strata) Act, especially water leakage in the subsidiary proprietors' lots. Hence, some cases are discussed to highlight the common issues that are usually dealt with cases that involve subsidiary proprietors with dispute related to water leakage. Useful lessons are obtained from the case to enable the people involved in managing or owning such properties to be better informed and guided accurately in handling their activities. Alternatives will also be discussed to resolve the disputes in other ways than applying an application to the Board.