SINGAPORE – The owner of a condominium unit off Stevens Road who took the management corporation of the development to court so that he could install motorised blinds on his balconies has lost his fight.
In late 2022, Mr Soo Hoo Khoon Peng sought approval from the management corporation of Stevens Loft to install blinds on two balconies of his double-storey penthouse, one on the fourth floor of the building and the other on the fifth.
The mechanism for the blinds, which had horizontal and vertical tracks, would have been installed on the ceilings, pillars and surfaces of the walls of the balconies.
Among other things, he said he was concerned for the safety of his children.
The management corporation first refused his request “in view of the uniformity of the building appearance”.
After his lawyers issued a letter of demand, the management corporation’s lawyers added that mounting any structure on common property walls would amount to exclusive use of common property, which requires approval by way of 90 per cent of the votes at a residents’ meeting.
There is one other unit in the development with a motorised blind installed, which the management corporation says it is taking enforcement action against.
Roller blinds are permitted for shade, and an awning is permitted to be installed on the ground floor for safety purposes.
On March 3, 2023, Mr Soo Hoo filed a court application to challenge the management corporation’s decision.
Mr Soo Hoo, who was represented by Mr Joseph Tay of Shook Lin & Bok, argued that he was entitled to install the blinds to keep insects out and as safety equipment to prevent harm to his children, without requiring the approval of the management corporation.
He argued that the installation of the blinds did not amount to exclusive use or enjoyment of common property.
The management corporation, represented by Mr Daniel Chen of Lee & Lee, contended that the blinds amounted to exclusive use or enjoyment of common property, for which a 90 per cent resolution was required.
It presented evidence from a professional engineer that the walls, beams and columns to which the blinds would be attached were load-bearing.
The Building Maintenance and Strata Management Act lists “load-bearing wall, column or beam” as examples of common property and structural elements.
The management corporation argued that the blinds did not amount to safety equipment and the installation was not in keeping with its guidelines or the appearance of the building.