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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Article

    Management Corporation: Common Property and Structural Defects

    Citation: [2016] Sing JLS 149
    This article looks at three aspects involving a management corporation in a strata development. It is argued that the principle laid down in the New SouthWales cases that a management corporation holds the common property as trustee for the unit owners has no application in the Singapore context. In light of the various difficulties faced by a management corporation in pursuing actions in contract and tort for unit owners in respect of the common property, legislative intervention to confer on the management corporation a cause of action in its own right is justified. Finally, greater clarity on what amounts to structural defects in a strata development would be welcomed as it would greatly assist a management corporation in discharging its duty in this respect.
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