Updated 25 Sep 2026. A condo council’s agreement is not always enough to create a binding estate rule. Before buying a home on the strength of a promised parking space, pet arrangement or exclusive-use area, ask what decision was made, who had power to make it and whether the required steps were completed.
The Management Corporation Strata Title (MCST) manages the strata estate. Its council can make many decisions on its behalf, but the Building (Strata Management) Act 2004 reserves particular matters for owners and sets specific procedures for by-laws. This guide concerns those decision-making rules for Singapore strata estates. It does not establish that a particular estate restriction is lawful or that any proposed renovation is approved.
What can the council decide?
Under section 58, a council decision generally operates as an MCST decision, subject to the Act and matters restricted from the council. The council cannot replace an owners’ resolution where the legislation requires one. The MCST also retains its powers in general meeting.
Section 59 allows the MCST, by ordinary resolution at a general meeting, to reserve a matter or class of matters for a general meeting. Read the estate’s resolutions as well as its by-laws: an otherwise routine decision may have been reserved in this way.
There is also a specific objection mechanism in section 58(3). Before the council makes a decision, owners comprising at least one-third of the total number of lots can give written notice to the council secretary opposing it. If the council nonetheless makes that decision, it has no effect. The threshold is measured by lots, not one-third of the estate’s share value.
For a buyer, the practical question is therefore more precise than “Did management approve it?” Ask whether the response was an administrative confirmation under an existing rule, a council decision within its powers or an owners’ resolution required by law.
Creating or changing an estate by-law
Section 32 provides for prescribed by-laws and additional estate by-laws, with transitional provisions relevant to older estates. Additional by-laws must not conflict with the prescribed ones. A council cannot simply rewrite the legal framework through a circular.
Subject to the statutory exceptions, section 32(3) requires a special resolution to make, amend, add to or repeal an additional by-law governing the use and enjoyment of the strata development. The listed subjects include pets, parking, behaviour, security and architectural appearance.
A specific exception exists for by-laws under section 32(3A) about parking in common-property lots where fixed electric-vehicle chargers are installed. Those can be made by ordinary resolution. The provision took effect on 8 December 2023. It is not a general permission to change every parking rule by ordinary resolution.
The procedure continues after the vote. Section 32(4) says an additional by-law, amendment, addition or repeal has no effect until a copy is lodged with the Commissioner. Section 32(5) requires a certified true copy under the MCST’s seal to be lodged no later than the 45th day after the resolution. A meeting minute showing that owners voted for a rule is therefore only part of the evidence.
What does a 75% special resolution mean?
Under section 2(3), the general meeting must be held on the 22nd day or later after notice specifying the proposed resolution has been given. The resolution must receive at least 75% of the aggregate share value of the valid votes cast on a poll by those present in person or by proxy.
That is not automatically 75% of every lot in the development, nor 75% of a show of hands. Attendance, entitlement to vote, valid votes, proxies and the applicable meeting requirements still matter.
For a hypothetical poll with 400 share-value votes validly cast, 300 in favour equals 75% and meets that percentage threshold. If 299 support it, the result is 74.75% and falls short. The example assumes the other legal requirements have been met; the arithmetic alone cannot validate a resolution.
By comparison, section 2(2) defines an ordinary resolution using a majority of valid votes cast, counted by number if no poll is demanded and by share value if a poll is demanded. Its meeting notice timing is the 15th day or later. Do not copy one voting method or notice period into every motion.
Exclusive use of common property has different thresholds
A promise that your unit alone can use a piece of common property needs careful scrutiny. Section 33 provides for by-laws granting exclusive use or special privileges, with written consent from the owners concerned. The duration determines the resolution required.
| Period of use or privilege | Required resolution |
|---|---|
| One year or less | Ordinary resolution. |
| More than one year, up to three years | Special resolution. Renewal options must not take the aggregate period beyond three years. |
| More than three years | 90% resolution. |
Section 33 also requires provision for maintenance responsibility and expense. Read that wording before valuing an exclusive-use area as an uncomplicated benefit. Under section 33(3), while the by-law remains in force, its rights and obligations attach to the relevant lot. The duration and conditions therefore matter to a purchaser, not only to the person who first obtained the privilege.
Do not infer ownership of common property from an exclusive-use arrangement. Ask your conveyancing lawyer to compare the strata title documents, plan and by-law with what the seller is describing.
The evidence to request before committing
Section 32(8) requires records of current additional by-laws and provides for notice-board display and free viewing at the MCST’s office on application by a person with an interest in the development. It also provides a copy-request route for an owner or an authorised representative, subject to the prescribed fee limit. A prospective buyer should arrange the necessary access or authorisation through the seller.
- The exact wording: obtain the current by-law, including amendments, duration and any conditions.
- The decision: ask for the motion, meeting notice and minutes showing the resolution and voting result.
- The legal steps: establish the relevant resolution type, required consent and lodgment evidence.
- The practical position: ask about pending changes, disputes and the maintenance obligations that affect your intended use.
For example, a ground-floor buyer may value the ability to keep outdoor furniture beside the unit. A tenant may need permission for a pet. A household buying an electric car may care about charger access. In each case, the same sales description can conceal different documents and conditions. Get the answer to your actual intended use before treating it as part of the home’s value.
If the documents conflict, obtain advice on the specific by-law and decision. A legal objection is not a reason to assume the rule can be ignored. Keep the notice, minutes, correspondence and lodged wording together so an adviser can assess the correct remedy.
For the broader purchase review, see how to read MCST records before buying and how to compare condo maintenance costs.
Legal sources checked 25 September 2026: Building (Strata Management) Act 2004, sections 2(2), 2(3), 32, 33, 58 and 59, linked above, using the current Singapore Statutes Online text. The EV exception’s commencement annotation was checked. This is general information. Obtain advice on the documents and circumstances of an individual dispute.
Featured photograph: Robertson Quay, photographed 31 July 2011 by Bryanmackinnon. Wikimedia Commons source, CC BY-SA 3.0. Archive image resized for the website; no dispute or particular by-law is attributed to the buildings shown.
