How does BCA differentiate between regulating common property and restricting owner rights?

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The Building and Construction Authority (BCA) Clarifies the Scope of Management Corporation Strata Title (MCST) By-Laws

The Building and Construction Authority (BCA) has clarified that while Management Corporations Strata Title (MCSTs) possess the authority to regulate the management and use of common property, this power does not extend to enacting by-laws that infringe upon an owner's fundamental rights concerning their individual property. Disputes regarding the legitimacy of such by-laws can be presented to the Strata Titles Boards for resolution.
Regulation of Common Property vs. Owner's Rights

MCSTs are legally empowered to establish rules governing the shared spaces within a condominium development. This typically encompasses areas such as swimming pools, gymnasiums, corridors, and lobbies. The purpose of these regulations is to ensure the orderly use, maintenance, and safety of these communal facilities for all residents. For instance, MCSTs might set hours for pool usage or rules for the upkeep of common gardens.
Limitations on Restricting Owner's Dealings with Property

Conversely, MCSTs are explicitly prohibited from creating by-laws that restrict an owner's ability to deal with their private property. This means that by-laws cannot limit an owner's right to lease out their unit, sell it, use it as collateral for a mortgage, or engage in other transactions related to their individual strata title. The case of Casa Aerata, where by-laws attempted to restrict who could rent units based on employment status, exemplifies a situation where such limitations were allegedly overstepped.
Recourse for Disputes Over By-Law Validity

Should an owner believe that a by-law enacted by the MCST is invalid because it exceeds the corporation's authority or unlawfully restricts their property rights, they have a formal avenue for dispute resolution. Such disagreements can be brought before the Strata Titles Boards. These boards are established to adjudicate disputes related to strata-titled properties, including the interpretation and application of by-laws, ensuring that MCSTs operate within their legal framework.

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How does BCA differentiate between regulating common property and restricting owner rights?

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