How does BCA define the limits of condo by-laws on property ownership rights?

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BCA Clarifies Limits on Condominium By-laws Regarding Property Ownership Rights

The Building and Construction Authority (BCA) has clarified that condominium by-laws cannot be used to restrict homeowners from renting out their units. While Management Corporations Strata Title (MCSTs) have the authority to manage common property, their by-laws are not empowered to limit an owner's fundamental right to lease, transfer, mortgage, or otherwise deal with their property. Any disputes concerning the validity of such by-laws can be escalated to the Strata Titles Boards for resolution.
By-laws Cannot Restrict Fundamental Property Rights

The BCA's stance is that MCSTs, despite being entrusted with the regulation of common property management and usage, cannot establish by-laws that impinge upon an owner's inherent right to lease their property. This principle underscores the protection of individual property ownership rights within strata-titled developments.
Recourse for Disputes Over By-law Validity

In instances where the validity of an MCST by-law is questioned, individuals or owners have a clear avenue for recourse. Such disputes can be formally brought before the Strata Titles Boards, an independent body established to adjudicate matters related to strata titles. This mechanism ensures that by-laws remain within legal and regulatory boundaries.
Case Example: Casa Aerata's Attempted By-laws

A recent situation involving the Geylang development, Casa Aerata, highlighted the need for this clarification. This 78-unit condominium had attempted to pass by-laws that would have prohibited work permit holders from the construction sector from residing in its units and also sought to limit rental agreements to a minimum of three months. These by-laws were met with challenges from several owners who lease their apartments to companies.
Procedures for Amending or Repealing By-laws

For homeowners who wish to alter or nullify existing by-laws, the BCA has outlined specific procedures. Such changes can be initiated by tabling a motion at either an annual or extraordinary general meeting of the MCST. Alternatively, owners can pursue recourse through the Strata Titles Boards if they believe existing by-laws are illegitimate or require amendment.

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How does BCA define the limits of condo by-laws on property ownership rights?

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