Jul 14, 2007

STB appeal process

What to expect if you are an appealing minority owner.
It shall be a learning process and I will amend accordingly as we go along.
  • Newspaper advertisement in the Classifieds section under Notices. This Notice will list the names and addresses of all the majority and minority owners (old rules, the new rules have dropped this requirement) it will give the % of majority attained and where to view certain enbloc documents.
  • Appealling minority owners have 21 days from the Notice in the newwspapers to put in their appeal to the STB. If you have engaged a lawyer, he will do this for you obviously. if you are appealing on your own, then go to the STB website http://www.mnd.gov.sg/stb/and download FORM 4 (objection filed under S84A/D/E by an individual.
  • 7 days: time taken for STB to send a letter to minority owner.
  • 2 weeks: time taken to set date for STB mediation

Mediation: 2 days maximum which may not be consecutive.

All appealing minority owners will be summoned on the same day to appear before the STB panel. All minority owners, their lawyers, the enbloc lawyer, the representatives of the sale committee and the 5 STB mediators will begin a process of negotiation. How they go about this depends very much on the personalities of the STB members. There is no set way.

The mediation is closed to the public and is without prejudice.

If no settlement is reached between the appealing minority and the sale committee then either party can request to proceed to the next stage - the STB Hearing

The STB Hearing is the expensive part. You really should get a lawyer for this as it is a real court proceeding and any layman proceeding alone would be at a severe disadvantage. A typical hearing, I believe, lasts around 5 days (which may not be consecutive) and can run into thousands of dollars in lawyer fees, expert witness fees etc. If the appeal is deemed 'frivolous' by the STB, then the appealing minority could be saddled with the whole bill. If it is not frivolous the STB would probably award costs to all SPs; majority and minority including the appealing minority. The costs will be deducted from the sale price. I have attended one of these hearings, I suggest you do, too, if you intend to take it that far.

The hearing is open to the public.

Strata Titles Board

45 Maxwell Road,

#01-11The URA Centre East Wing

Singapore 069118

Tel : 6325 1585/6

Fax: 6325 1607

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