The Building Maintenance and Strata Management Act (BMSMA) in Singapore recently underwent amendments, with significant changes to By-law 32 concerning common property. Here are the key takeaways:

1. Easier EV Charger Installation:

  • Previously, any by-law changes related to parking lots required a special resolution (requiring a higher threshold of agreement among subsidiary proprietors).
  • Now, by-laws concerning parking lots with fixed EV chargers can be made, amended, or repealed by an ordinary resolution. This makes it easier for management corporations to install and manage EV charging infrastructure, promoting the adoption of electric vehicles.

2. By-Laws Still Govern Common Property:

  • By-law 32 reaffirms that all parcels within a strata title plan are regulated by by-laws.
  • Management corporations retain the power to make, amend, or repeal by-laws concerning the use and enjoyment of common property. This includes areas like:
    • Safety and security measures
    • Restrictions on the use of common property
    • Pet ownership
    • Parking (general rules outside of EV charging)
    • Floor coverings
    • Garbage disposal
    • Resident behavior
    • Architectural and landscaping guidelines

3. Lodgment and Accessibility of By-Laws:

  • By-laws, or any changes to them, must be lodged with the Commissioner for them to take effect.
  • Management corporations must keep records of all by-laws and make them readily accessible to subsidiary proprietors and other interested parties. This includes displaying them on a notice board and providing copies upon request for a prescribed fee.

4. Binding Effect and Enforcement:

  • By-laws are legally binding on all parties involved, including the management corporation, subsidiary proprietors, mortgagees, lessees, and occupiers.
  • The court can enforce by-laws and award damages for any loss or injury arising from their breach.

In essence, the recent amendments streamline the process for implementing EV charging solutions in condominiums while maintaining the framework for managing common property through by-laws. This balances the need for sustainable practices with the rights and responsibilities of those living within strata schemes.

Important Note: This article provides a general overview of the amendments. It is essential to refer to the official BMSMA document and seek legal advice for specific situations and interpretations.