AN EXAMINATION OF SECTION 101(8) OF THE BUILDING MAINTENANCE AND STRATA MANAGEMENT ACT (BMSMA)

Abstract

Under the provision of Section 101 (8) of the Building Maintenance and Strata Management Act (BMSMA), it was presumed that interfloor leakage involving upper floor unit and lower floor unit has originated from the upper floor unit unless the owner can prove otherwise. Therefore, the owner of the upper floor unit cannot claims that the leak has not originated from a defect in his unit. He has to jointly investigate the cause with his lower floor neighbor and proceed with any repairs required. A telephone conversation with Strata Title Board (STB) revealed that ever since the Section 101 (8) of BMSMA was passed in 2005, the STB had heard lesser disputes relating to interfloor seepage, but there were still some disputes on going. Hence, questionnaire was conducted to find up the interpretation of the clause through the understanding of the general public, the scope and application of the clause. Interview was also carried out to find out the current industry practice of owners resolving the interfloor seepage, and also Managing Agent advice to owner on interfloor seepage was also discussed. Street surveys were also conducted to find out the public interpretation of the clause, and their opinions on the estimated time frame to resolve interfloor seepage and whether should the cost of repair includes the cost of repairing or replacing damaged items due to interfloor seepage were also polled. Alternatives were also discussed to make the clause more easier and to include some recommendations to make it more apprehend and redefine the roles and responsibility of an Subsidiary Proprietor on interfloor seepage.