Chong Ken Ban v Management Corp: Strata Title Dispute over Balcony Alterations

Chong Ken Ban and Masami Iwase, the appellants, appealed to the High Court of Singapore against the decision of the Strata Titles Board regarding unauthorized alterations to their apartment's terrace. The Management Corporation Strata Title Plan No 1395, the respondent, sought the removal of glass panels erected by the appellants on what the Management Corporation considered a balcony. The High Court, Lai Kew Chai J, dismissed the appeal, upholding the Board's jurisdiction and its finding that the terrace was indeed a balcony under the Land Titles (Strata) Act, thus requiring the appellants to remove the unauthorized structures.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed with costs.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Strata title dispute regarding unauthorized alterations to a 'terrace' in a condominium. The court upheld the Strata Titles Board's order to remove the alterations.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Chong Ken Ban (alias Chong Johnson)AppellantIndividualAppeal DismissedLost
Masami IwaseAppellantIndividualAppeal DismissedLost
Management Corporation Strata Title Plan No 1395RespondentCorporationOrders of the strata titles board upheldWon

3. Judges

Judge NameTitleDelivered Judgment
Lai Kew ChaiJYes

4. Counsels

Counsel NameOrganization
Brian TanMadhavan Partnership
Zaheer MerchantMadhavan Partnership
Michael Chong Kuan KeongChong Chia and Lim LLC

4. Facts

  1. The appellants erected glass panels covering a space described as a “terrace” in the building plans of their apartment.
  2. The Management Corporation did not approve the erection of structures on what they contended were the balconies.
  3. The Management Corporation applied to the Board to order the appellants to remove the unauthorised structures.
  4. The Board ordered the appellants to remove the unauthorised structures and reinstate the balcony to its original condition.
  5. The appellants appealed the Board's decision to the High Court.

5. Formal Citations

  1. Chong Ken Ban (alias Chong Johnson) and Another v Management Corporation Strata Title Plan No 1395, OM 21/2003, [2004] SGHC 110

6. Timeline

DateEvent
Management Corporation constituted by law
Appellants commenced renovation works at the apartment
Management Corporation made an application to the Board under s 103 of the Act
Appeal dismissed with costs

7. Legal Issues

  1. Jurisdiction of Strata Titles Board
    • Outcome: The court held that the Strata Titles Board had concurrent jurisdiction with the court to hear the application under s 103(1)(c) of the Act.
    • Category: Jurisdictional
  2. Definition of Balcony
    • Outcome: The court agreed with the Board's ruling that the space in question was a 'balcony' within the meaning of by-law 13 of the First Schedule of the Land Titles (Strata) Act.
    • Category: Substantive

8. Remedies Sought

  1. Order to remove unauthorised structures
  2. Reinstatement of balcony to original condition

9. Cause of Actions

  • Breach of By-law

10. Practice Areas

  • Real Estate Law
  • Condominium Law
  • Strata Title Disputes

11. Industries

  • Construction
  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Singapore Parliamentary DebatesSingapore ParliamentYesSingapore Parliamentary Debates, vol 49, 1987, col 1412–1413SingaporeCited to show the number of management corporations and strata units in Singapore in 1987, justifying the need for strata titles boards.
Singapore Parliamentary DebatesSingapore ParliamentYesSingapore Parliamentary Debates, vol 69, 1998, col 606SingaporeCited to explain the expansion of the strata titles board's jurisdiction in 1998 and the rationale behind it.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Land Titles (Strata) Act (Cap 158, 1999 Rev Ed)Singapore
Sections 103(1), 41(14) Land Titles (Strata) Act (Cap 158, 1999 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Strata Title
  • Management Corporation
  • By-law
  • Balcony
  • Terrace
  • Subsidiary Proprietor
  • Jurisdiction
  • Alterations
  • Condominium

15.2 Keywords

  • strata title
  • condominium
  • balcony
  • alteration
  • management corporation
  • Singapore

17. Areas of Law

Area NameRelevance Score
Strata Title Law90
Property Law75
Administrative Law30
Judicial Review25

16. Subjects

  • Strata Titles
  • Real Estate Law
  • Condominium Law