CLARIFICATION AND REVIEW OF NOTICE ON “UNAUTHORISED ALTERATIONS” RELATING TO BALCONY PLANTS
We, the undersigned parcel proprietors and residents of Seri Riana Residence, refer to the recent notice issued by the Management Office alleging “unauthorised alterations” in relation to the placement of plants, planters, and related items on balcony areas.
The notice cites Section 32 of the Strata Management Act 2013 (Act 757), By-law 11 of the Strata Management (Maintenance and Management) Regulations 2015 (Third Schedule), as well as the House Rules of Seri Riana Residence.
We write to formally request clarification and reconsideration of the position taken in the notice, on the following grounds:
1. Distinction Between “Alteration” and “Use” of a Parcel
Section 32 of the Strata Management Act 2013 and By-law 11 are generally intended to regulate alterations to parcels and common property, particularly where such works:
- Affect structural integrity
- Impact safety
- Permanently change external appearance
Freestanding pots, movable planters, and plants placed within the internal boundary of a balcony do not constitute “alterations” in the legal or practical sense. They do not involve construction, installation, or modification of any structure.
They fall within the ordinary and reasonable use and enjoyment of a parcel, which is a fundamental right of a parcel owner.
2. No Structural or Permanent Modification
The items in question:
- Are not affixed to railings or external walls
- Do not involve drilling, hacking, or installation works
- Can be removed at any time without damage
As such, they cannot reasonably be classified as structural or aesthetic modifications under the Act or Regulations.
3. Overbroad Interpretation of “Affecting External Appearance”
While the Management Body has a duty to maintain a consistent façade, this must be interpreted reasonably and proportionately.
If any visible item within a balcony is deemed to “affect external appearance,” this would logically extend to:
- Drying racks and clothing
- Outdoor furniture
- Everyday household items
Such an interpretation would effectively render balconies unusable for normal residential purposes, which is inconsistent with the intended design and sale of such parcels.
4. Limits of Management Body Powers
Under the Strata Management Act 2013, the Management Body’s powers are not absolute and must be exercised:
- Reasonably
- In good faith
- Without imposing unnecessary or disproportionate restrictions on parcel owners
House Rules and by-laws cannot be enforced in a manner that unreasonably interferes with the legitimate use and enjoyment of private property, particularly where there is:
- No safety risk
- No structural impact
- No nuisance caused
5. Legitimate Residential and Privacy Considerations
Balconies form part of the private living space of a parcel. The use of plants:
- Enhances environmental quality and liveability
- Serves as a natural and non-intrusive means of maintaining privacy
Such use is consistent with peaceful occupation and does not prejudice other residents or common property.
OUR POSITION AND REQUEST
In light of the above, we respectfully request that the Management Body:
- Formally clarify that freestanding plants and pots placed within the internal area of balconies do not constitute “unauthorised alterations”
- Differentiate clearly between:
- Prohibited acts (e.g., fixtures attached to railings, structural modifications), and
- Permissible use (e.g., movable items within balcony space)
- Review and, if necessary, revise enforcement practices to ensure consistency with the Strata Management Act 2013 and principles of reasonableness
- Suspend or withdraw the current notice insofar as it applies to non-fixed, internal balcony items
We trust that the Management Body will take a fair and legally consistent approach in resolving this matter. Failing which, residents reserve the right to seek further clarification and relief through the appropriate statutory channels, including the Strata Management Tribunal.
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