A COMPARATIVE STUDY OF THE STRATA MANAGEMENT ACTS IN SINGAPORE AND AUSTRALIA

Abstract

With immense growth in the number of strata titled developments in Singapore coupled with the increasingly high expectations of lot owners, it is important that the Building Maintenance and Strata Management Act (Chapter 30C) (“BMSMA”) is continually reviewed and revised. Clarity in provisions as well as governance and transparency in strata management are emphasised in order to ensure proper management of strata titled properties. This study aims to improve the Singapore legislation through a comparison of Singapore’s BMSMA and Australia’s Strata Schemes Management Act 2015, where the differences provide insights on the potential application to Singapore’s context. Through a comparative case study analysis, it is noted that the provisions under the BMSMA are less comprehensive where there are aspects that are not addressed and can be better improved. Interviews were also conducted with lawyers and facility practitioners who are knowledgeable and experienced in the field of strata management. The responses were generally similar in highlighting the high expectations of subsidiary proprietors as the main issue encountered, and that much more can be done to enhance the BMSMA. Recommendations on improvements to the BMSMA were provided based on the differences identified in the comparative analysis, where the interview responses gathered were taken into consideration. Hence, this study has contributed in presenting the potential for improvement and aspects that we can learn from strata management legislation in other countries.