Important Warning...

• Council Members may be fined and/or jailed under Section 9 of the BMSMA if the windows on common property (i.e. staircases, lift lobbies, etc.) fall and kill or seriously injure someone

• This is because Council Members are charged with the duty of maintaining the common properties.......

Falling Windows

are

Killer Litter!

Protect yourself and your loved ones

STOP windows from

F a l l i n g !

Two new Falling Window Laws..

• Law #1 – Retrofitting of aluminum rivets order – Section 22A of the Building Control Act (the BCA)

• Law #2 – Maintenance of all windows – Section 9 of the Building Maintenance and Strata Management Act, 2004 (the BMSMA)

Section 22A of the BCA

• Applies only to CASEMENT windows with aluminum rivets which must be changed to stainless steel ones by 30 September 2005 or when the building reaches 5 years old.

• Ground floor units and landed properties are exempted.

Penalties for non-compliance...

• Fine up to S$5,000 and/or jail term up to 6 months (50% discount compared with the BMSMA’s Section 9)

• One-off retrofitting exercise for complete compliance – no further requirements.

• Must engage BCA Certified Window Installer (trained by HDB).

Section 9 of the BMSMA...

• Applies to ALL types of windows – casement, top hung, side hung, rotating, sliding windows and louvres

• Law took effect from 1 April 2005

• Onus is for owner to prove to the Court that he had maintained his windows in the event a window falls

Penalties........

• Double that of the retrofitting order – fine up to S$10,000 and/or jail term up to 12 months.

Other Liabilities.....

• Liable to pay for property damaged by the fallen window

• Also bodily injuries – sufferings, medical and other expenses

• Legal expenses – warning: lawyers’ fees alone can bankrupt you!

• Cost of repairing/replacing fallen windows

Why windows fall?

• Accidents

• Design and/or manufacturing defects

• Shoddy workmanship during installation

• Cheating by contractors

• Failure by owners to maintain

Mitigate your potential losses....

• Regardless of how well you maintain your windows, accidents can still happen. If your window should fall, under Section 9 of the BMSMA, you have to PROVE to the Court that you had maintained your windows failing which you risk a fine and/or a jail term.

How to stay out of jail?

• Hire a professional engineer to inspect your windows and get a Certificate of Maintenance to certify that you have maintained your windows.

• Don’t hire a BCA Certified Window Installer because he is a contractor and does not have the credibility in a Court of law.

For financial protection......

• In addition, you should take up an insurance policy to cover against third party claims for property damage and injury.

• The minimum coverage should be $500,000 for any one accident (claim) and unlimited during the period of insurance (one year)

• Marry a lawyer to defend you in Court in case your window falls (to save legal fees)

How much?

• P/E fee is between $300 and $1,000, average about S$500 for the inspection and certification.

• the insurance policy would cost between S$75 and $150 per year

How to reduce the total cost.......

• through economies of scale....

• Ask your management to arrange for an en bloc inspection to reduce both the inspection costs and insurance costs – about 50% to 75% savings is possible.

• BUT --- still need to set aside money for legal fees.....

Even greater savings....

• through greater economies of scale through the GLOBAL window inspection program where many condominiums joined hands

• The national Global Window Inspection can reduce costs down to just 3% or 4% or as little as S$22 per strata unit instead of the $600 to $700.

Why must MCST be involved?

• Firstly, to comply with Section 9 of the BMSMA with respect to those windows in the common properties such as those in the staircases, function rooms, etc.

• If these windows fall, the MCST will be hauled to court under Section 9, and council members, like the Chairman, Secretary or Treasurer will have to appear in court.

The penalties...............

• The management corporation will be fined up to a max. of $10,000, but will the court impose a jail term? (want to test the law? -- drop a window!)

• If a jail term is imposed, will council members be jailed for not discharging their duties in failing to comply with S. 9 because it is the duty of council members to maintain the common properties!!!

• You decide to take the risk or play it safe by signing up for the AMCIS GWI program

Secondly.......................

• helping the SPs is also helping the council members themselves because a window may fall on a council member’s head or that of his young son or daughter – help others to help yourself.

Who pays for the Global Window Inspection?

• Since every unit would be inspected (en bloc) to qualify for the group discount (inspection, insurances, etc.), it makes no sense getting each unit to sign up and pay individually

• Therefore, the MC can sign up and pay from the maintenance fund account. This is allowed under Section 39 (1) (b) and (d) of the Building Maintenance and Strata Management Act, Chap 30C (the BMSMA)

Costs?

• For estates with less than 100 units, fee is $27 per unit (members) or $30 per unit (non-members)

• Estates with 100 but less than 300 units, fee is $24 (members), or $27 (non-members)

• Estates with 300 or more units, the fee is only $22 per unit (members) or $25.00 (non-members)

• NO charge for MCST’s windows

Benefits?

Fee includes –

• 1 free inspection with Certificate of Maintenance endorsed by Prof. Engineer

• Free insurance against claims for damages and/or injuries up to $500,000 per claim , unlimited for the year, plus $2,500 for replacement of damaged windows

• Free legal service and PE defence

GWI Inspected and Certified Estates include....

Tropical SpringsRegent GardenHillbrooksThe MontanaSun RosierMarine Gardens

Kemaman PointKentish LodgeDalvey CourtViewpoint MansionComfort MansionGillman Heights

and many others.......

Is your condominium safe

from falling windows and prosecution under Section 9 of the Building Maintenance and Strata Management Act (the BMSMA)?

Do you want to wait for someone to be fined or jailed before you take

action?

Sign up for the AMCIS Global Window Inspection for your protection. Tel: 6100-1550

for an enrolment form.