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
Falling!
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 Springs
 Regent Garden
 Hillbrooks
 The Montana
 Sun Rosier
 Marine Gardens
 Kemaman Point
 Kentish Lodge
 Dalvey Court
 Viewpoint Mansion
 Comfort Mansion
 Gillman 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.