from 菠罗包 http://bbs.huasing.org/sForum/bbs.php?B=172_13668788
所在版块:房产车市 发贴时间:2016-08-23 10:58

用户信息
复制本帖HTML代码
高亮: 今天贴 X 昨天贴 X 前天贴 X 
http://news.asiaone.com/news/singapore/family-wins-case-install-grille-condo-balcony-childs-safety

Family wins case to install grille in condo balcony for child's safety

Board has ruled in favour of a family who were twice refused permission to install a grille in the balcony of their 13th-level condominium unit after seeing their four-year-old daughter try to climb over it.

It held that the management corporation of 7 One North Residences (ONR) in Buona Vista was wrong in refusing permission to a family to install grilles above the glass wall of their 13th-level balcony.

In judgment grounds of the test case, released this week, it said: "The children's safety must be paramount, even if the grilles may affect the appearance of the building or if they constitute an alteration on common property and therefore are prohibited under ONR's by-laws."

Dr Sujit Singh Gill's application was turned down twice by the ONR's management corporation (MC), which claimed it would affect the building's unique and uniform appearance.

The MC suggested instead that grilles be placed at the edge of the living room to prevent child access to the balcony. Dr Singh applied to the board last July to overrule the MC.

At issue was the rationality of the MC's decision and whether it could bar the installation based on the relevant building regulations. The MC's lawyers, Mr Subramaniam Pillai and Ms Venetia Tan, argued that the grilles did not keep up the building's appearance as provided under ONR's by-laws and would obstruct maintenance of the glass wall, among other things.

Lawyers Toh Kok Seng and Daniel Chen for Dr Singh countered that the relevant ONR by-laws took effect only last July and Dr Singh could not have been aware of them as he had bought the unit in 2010. They argued that the ONR by-laws had to be consistent with the prescribed 2005 Building Maintenance (Strata Management) Regulations, which allow owners to install safety structures or devices to prevent harm to children - even if they affect the building's appearance under certain circumstances.

The board comprising Mr Alfonso Ang, Mr Chua Koon Hoe and Mr Lim Gnee Kiang found that the MC had been "unreasonably difficult" with Dr Singh's request and had ignored the concerns for children's safety, as provided for under the 2005 regulations. It added that the grilles would have minimal impact on the building's appearance.

The board made clear that children's safety must be the overriding concern and the MC should support other such applications.

It called for the MC to provide guidelines for the installation of such safety devices to ensure they keep to the rest of the appearances of the building.

"Having grilles is not an attempt to abdicate parental responsibility. Instead, it serves as a safety precaution from leaning or climbing over the balcony glass wall. After all, it only takes a split second for the child to climb and fall over the glass, especially since it is only waist-high and easy to climb over," said the board.

Law firm Lee & Lee said on its case update website that "this is the first case in which the prescribed by-law of the Building Maintenance (Strata Management) Regulations 2005 has been considered in depth and will undoubtedly be of consequence to most, if not all, management corporations in Singapore".
.
欢迎来到华新中文网,踊跃发帖是支持我们的最好方法!

 相关帖子 我要回复↙ ↗回到正文
[集思广益]:如何为了孩子安全跟MCST打交道安装窗花护栏 妈妈宝宝   (64 bytes , 1909reads )
我所知道的condo纠纷 leciel   (330 bytes , 41reads )
海峡时报刊登的BCA director 的权威恢复 redhill123   (2664 bytes , 84reads )
Thank you very much! 妈妈宝宝   (0 bytes , 36reads )
是所有公寓还是个别? hudasm   (24 bytes , 51reads )
建议参看BCA的2013和2015的Circular jjoan1   (226 bytes , 89reads )
BCA肯定是允许装invisible grill的 滚雪球   (351 bytes , 70reads )
房子里面装BCA也管不了,它只管结构会不会改变,管安全 西东南北风   (97 bytes , 48reads )
其实,除了隐性窗花还有其他办法 西东南北风   (270 bytes , 70reads )
我有朋友装了你说的那种移动窗户在阳台上挡雨,被拆除了。就是要open... 妈妈宝宝   (0 bytes , 77reads )
很多项目的发展商都装啊 西东南北风   (46 bytes , 46reads )
这种真的可以吗?@DengWei @=_=|| 武汉伢   (44 bytes , 46reads )
smart window 我见过有一个公寓装, DengWei   (89 bytes , 114reads )
现在还有这样的东西 love962397   (44 bytes , 44reads )
这种很早就有了吧 武汉伢   (110 bytes , 113reads )
我要去问问我们这里给不给装 love962397   (8 bytes , 40reads )
整个阳台都是被和阳台一样高度的玻璃 DengWei   (86 bytes , 54reads )
去看city scape的showflat,这是作为一卖点来退的 西东南北风   (5 bytes , 55reads )
咦,是单眼皮… @-_-|| 武汉伢   (62 bytes , 41reads )
实际应对操作 妈妈宝宝   (0 bytes , 53reads )
实际动议通过案例 妈妈宝宝   (222 bytes , 51reads )
方法:加入MSCT。 妈妈宝宝   (137 bytes , 56reads )
拉上华新所有买了同一个公寓的 滚雪球   (83 bytes , 59reads )
方法:加 公寓whatsapp 群投诉集合同道合者一起提议施压。 妈妈宝宝   (0 bytes , 41reads )
from haidaoyu http://bbs.huasing.org/sForum/bbs.php?B=172_13668827 妈妈宝宝   (587 bytes , 89reads )
官司打赢案例 妈妈宝宝   (0 bytes , 52reads )
Grille expectations at condos 妈妈宝宝   (5889 bytes , 137reads )
希望啊。http://bbs.huasing.org/sForum/bbs.php?B=172_13668827 妈妈宝宝   (0 bytes , 45reads )
from 菠罗包 http://bbs.huasing.org/sForum/bbs.php?B=172_13668788 妈妈宝宝   (3332 bytes , 87reads )
法律依据请跟这楼 妈妈宝宝   (0 bytes , 46reads )
BCA的2015 的circular 妈妈宝宝   (956 bytes , 51reads )