Items left in corridors and common areas: a fair process for MCSTs

Start with your by-laws

For MCSTs constituted on or after 1 April 2005, a set of prescribed by-laws applies automatically, and two of them do most of the work here. One says an owner or occupier must not obstruct anyone’s lawful use of the common property, other than temporarily. The other says they must not leave rubbish or any discarded item on common property without the MCST’s prior written approval. Older developments may still run on the by-laws of the old Land Titles (Strata) Act, plus any they have lodged since, so check which set yours uses.

What the by-laws don’t do is give the MCST an explicit power to remove or dispose of items. Its duty under the Act is to control, manage and administer the common property for the benefit of all owners, and it may do what is reasonably necessary to enforce the by-laws. BCA’s guide to dispute resolution lists the usual responses to things like shoe racks and bicycles in common areas: ask the owner to remove them, send reminder circulars, apply to court for an order enforcing the by-laws, and tell SCDF if fire safety is at risk.

Nuisance or hazard?

Not everything left in common areas needs the same response. A box beside the bins is a nuisance: it’s unsightly and it attracts more, but it can wait for a notice period. A cabinet in a corridor or a pile of boxes on a staircase is different, because corridors and staircases are escape routes.

Under the Fire Safety Act, obstructing escape routes or common property in a way that could hinder escape is a fire hazard. For a condo, the “owner” of the common property under the Act is the management corporation, and an owner who knows about a hazard and takes no reasonable steps to deal with it commits an offence. SCDF can prosecute obstructed escape routes without issuing a warning notice first, and the maximum penalty is a fine of up to S$10,000, six months’ jail, or both.

SCDF’s guidelines for residential estates set the practical line. Shoe racks and foldable clothing racks outside units are allowed only where a clear escape passage of 1.2 metres remains. Potted plants are allowed only where the MCST permits them, and nothing at all may go on staircases or their landings. Decide which you’re dealing with before you decide how long to wait.

Find the owner first

Items in a corridor usually have an obvious owner: the unit next to them. Items in a bin centre can often be traced through the move-in, move-out or renovation records for the week they appeared. Ask the neighbours, check the records, and knock on the door. A friendly word often solves the problem faster than a formal notice, and costs nobody anything.

Notice, wait, record

Where the owner can’t be found, or doesn’t act, use a written process that anyone could follow and that you could explain afterwards:

1. Photograph the items where they are

   With the date and location, and close enough to show what they are and what condition they’re in.

2. Post a dated notice

   On or beside the items, and on the noticeboard, saying what the items are, where they were found, and the date by which they must be removed or claimed. Our notice templates have the wording.

3. Wait out the notice period

   Long enough for someone who is away to see it. Shorter where the items are a fire-safety hazard, but even then, record why you acted quickly.

4. Then act under your by-laws

   If nobody claims the items, deal with them as your by-laws and the council’s policy allow. Dispose of what is clearly rubbish. Keep anything with obvious value, such as a bicycle or a working appliance, somewhere secure for a further period, and note it in the log.

5. Keep the file

   The photos, a copy of the notice, where it was posted, the dates, and what was done with each item. If an owner disputes it later, that file is your answer.

Charging the cost back

Recovering the cost of a removal from the owner is much easier when a by-law provides for it, like the sample in BCA’s guide. Without one, getting the money back depends on the owner agreeing to pay, or on an order from a court or the Strata Titles Board. If your council hasn’t adopted a by-law of this kind, it’s worth putting one to the next general meeting.

When it keeps happening

Repeated problems usually mean a gap in the estate’s arrangements rather than a few difficult residents. If bicycles keep appearing in corridors, the bicycle bays may be full. If bulky items keep appearing at the bin centre, residents may not know how to arrange a removal. Fix the gap, publish the rule, and then enforce it consistently. Enforcement that depends on who complained loudest is the fastest route to a dispute.