Booking condo facilities: deposits, fees, guests and damage

The rules for your estate's BBQ pits, function rooms, tennis courts and other shared facilities are set by your management corporation (MCST). They are not set by a government agency, so they differ from one estate to the next.

BCA explains that two types of by-laws apply to every strata development: prescribed by-laws, set out in the Second Schedule to the Building Maintenance (Strata Management) Regulations, and additional by-laws that the MCST may make. The prescribed by-laws apply to every MCST and take precedence. Additional by-laws must not conflict with them.

According to BCA, an MCST can make additional by-laws to control and manage the use or enjoyment of the estate. They can cover things like safety and security, common property whose use is restricted, parking, garbage disposal and behaviour. BCA's own example is a rule against swimming after a certain hour.

Many estates also have house rules. BCA describes these as rules usually drawn up by the developer before the MCST is formed. An MCST may also make house rules, but only for the use and enjoyment of common property. BCA notes that there are no legal requirements for making house rules and that they are not enforceable. It suggests that rules involving the collection of fees go into the by-laws instead.

BCA also notes that by-laws are voted on at general meetings. You must follow them once they are made, even if you were not there for the vote.

Each estate decides how residents book facilities. Depending on the estate, you might book through:

• a residents' app or online portal run for the estate
• a paper or emailed booking form handed to the management office
• the guardhouse or concierge, often for same-day slots

Your management office can tell you which method your estate uses, who may book (owners, tenants, or both), and how far ahead you can book. Before you confirm a booking, read the rules for that facility, not just the booking screen. Rules on hours, noise, cleaning and guests are often in the by-laws or house rules rather than on the form.

Booking forms often ask for two different payments:

• A booking fee: a charge for using the facility, which you do not get back.
• A deposit: money held while you use the facility and returned afterwards, subject to your estate's rules.

Your estate's by-laws or house rules set the amounts, when payment is due and when a deposit is returned. This guide does not quote figures because they vary between estates. Ask your management office for the current amounts and ask for the rules in writing.

One point from BCA is worth knowing before you pay. On what an MCST can do when a by-law is breached, BCA's by-laws guide states that MCSTs cannot impose fines or forfeit deposits paid. They may recover administrative fees to cover costs incurred because of a breach. BCA also says MCSTs should not make by-laws that impose penalties or fines. If money is being kept back from your deposit, ask the management office to explain in writing what cost it covers and which rule it relies on.

Cancellation terms, the number of guests you may bring, and the hours a facility is open are all set by your estate, usually in its by-laws or house rules. Practices vary widely. Before booking, check:

• how much notice you must give to cancel, and whether any fee is refunded
• how many guests you may bring, and whether they must be registered at the guardhouse
• opening and closing times, and any quiet hours for noise
• whether you must be present for the whole booking
• what cleaning or reset is expected before you hand the facility back

BCA points out that an MCST must be impartial when it enforces by-laws. It also says an MCST does not have the power to ban an owner from using the estate's facilities unless it applies for and obtains a court order. If you are refused a booking, ask which rule applies.

Shared facilities such as gardens, sporting and recreational facilities and car parks are common property. BCA lists these among its examples. Under section 29(1)(a) of the Act, as BCA's dispute guide explains, the MCST has a duty to control, manage and administer the common property for the benefit of all owners. It must also keep it in a state of good and serviceable repair.

If something is damaged during your booking, the MCST's options are limited to what BCA describes. It may recover administrative fees for costs caused by a breach of a by-law. BCA also states that the MCST, an owner, a mortgagee in possession, a lessee or an occupier may apply to the Strata Titles Boards or the court for an order to compel compliance with the by-laws, restrain a breach, or recover damages due to a breach. Who pays in a particular case depends on your estate's by-laws and the facts. If the amount is disputed, ask for the repair quotation or invoice.

To protect yourself, inspect the facility when you take it over and when you hand it back. Report any existing damage to the management office or guardhouse before you start. Photos with the time showing help both sides.

If you find broken equipment, a loose fitting or a hazard, stop using it and tell the management office. BCA suggests that owners call, email or write to the management office, then give the MCST time to investigate before taking further action. Written reports leave a record.

If someone is hurt:

• For an emergency, call 995, the SCDF emergency number. SCDF also accepts emergency SMS at 70995.
• Tell the management office or guardhouse as soon as you can, and note the time, place and what happened.
• Keep photos and the names of any witnesses.

BCA states that an MCST must take out public liability insurance for damage to property, or death or injury to any person, that may occur on the common property. It cites section 71 of the Act. Any claim is a matter between you, the MCST and its insurer, so ask the management office how to report an incident for insurance purposes.

Getting a copy. BCA's by-laws guide states that MCSTs must make the by-laws available for owners to view at the management office at no cost if the full set is not displayed on the notice board. A fee for obtaining a copy is prescribed in the regulations.

How additional by-laws are made. According to BCA, most additional by-laws can be made, amended or repealed by a special resolution at a general meeting. That requires at least 21 days' written notice of the motion and support from owners representing 75% of the share value of all valid votes cast. The MCST must then lodge them with the Commissioner of Buildings within 45 days, under section 32(5) of the Act. They take effect only once a certified true copy under the MCST's seal has been lodged within that time. BCA lists restrictions too. Additional by-laws must not, for example, be inconsistent with the prescribed by-laws or restrict the transfer, lease or mortgage of a unit.

Raising a concern. BCA says concerns about whether by-laws are valid or appropriate may be raised at the next general meeting. You can also ask for a motion to be included in the next AGM or request an extraordinary general meeting.

BCA's advice is to start by talking to the other party and to the management office. BCA states that neither the Commissioner of Buildings nor BCA is empowered by law to resolve disputes. For disagreements between neighbours, BCA points to the Community Mediation Centre as a voluntary, lower-cost option.

For matters under the Act, the Strata Titles Boards (STB) is the tribunal. BCA describes it as a quasi-judicial tribunal that mediates and hears applications between owners and MCSTs, or between owners. BCA's dispute guide lists common disputes brought before the STB, including:

• performance or failure to perform certain duties under the Act or the by-laws
• applications to revoke or invalidate certain by-laws
• complaints about alterations to common property

The STB explains that a case starts when an applicant files an application, and that all parties must attend mediation sessions fixed by the Board. If mediation does not resolve the matter, the Board fixes a hearing. Its orders are binding and may be enforced at the State Courts. The STB states that it cannot provide legal services. If you are unsure which section applies to your case, it suggests seeking independent legal advice. Its application fee is set in regulations and listed on its website.