HIGH COURT SETS OUT APPLICABLE TEST UNDER S114 BMSMA FOR MCST TO GAIN ACCESS TO STRATA UNIT TO DETERMINE IF WORKS ARE NECESSARY

What can MCSTs do when unit renovations are suspected to have affected common property or breached the BMSMA, but the owner refuses to let the MCST inspect the unit? The MCST of Highland Centre obtained an order from the Strata Titles Board, later upheld by the High Court, for access to the unit to determine if remedial / rectification works are necessary. This case update discusses both decisions, including the test set out by the High Court for the granting of access.

HIGH COURT SETS OUT APPLICABLE TEST UNDER S114 BMSMA FOR MCST TO GAIN ACCESS TO STRATA UNIT TO DETERMINE IF WORKS ARE NECESSARY