Couple sues Clementi condo management after termites damaged house, gets awarded S$53,000

After their condominium unit became damaged by termites, a couple in Singapore sued the building's management for its repair costs.

They argued that the termites originated from common property soil and that the management corporation had failed to prevent the infestation.

The corporation, meanwhile, contested that the damage may have resulted from damp conditions caused by the "unauthorised and illegal" installation of a kitchen.

The court ruled in the couple's favour and they were awarded a total of S$10,978 for the damage, as well as S$42,750 in legal costs and disbursements.

According to the court, the case appears to be the first where the duty of a condominium management corporation has come under question.

Lawsuit

According to the judgement paper, the claimants, Glenford Tan Ming Loon and Loo Hwee-Wen Vivien, owned a fifth floor unit at low-rise condominium development Freesia Woods at 61 Sunset Way.

They discovered a termite infestation some time in December 2023, which had caused damage to their built-in wooden cabinetry in the home.

As a result, the attached basin sink, marble top and backing related to the cabinet also had to be reinstalled as a single unit.

Tan and Loo filed a claim against the condominium's management, claiming that it had failed to ensure that the property's soil was free from subterranean termites.

The couple also claimed the management had failed to undertake anti-termite measures on the soil that would have prevented termites from nesting or making their way to the unit.

While the management accepted that there had been termite damage, it disputed the fact that the termites were subterranean.

They further argued that the couple's allegedly unauthorised kitchen renovations had made the unit susceptible to infestation.

Court findings

The judge accepted Tan and Loo's claims that the damage had been caused by subterranean termites.

The couple's entomologist, Teh Jo Lyn, said she had found widespread subterranean termite activity across the common property, originating from the ground.

However, a pest control company hired by the condominium refuted that it was improbable for these termites to reach the top floor unit, where Tan and Loo's unit was, without affecting any of the lower floors.

Teh argued in response that it was possible for termites to emerged in random units without affecting lower floors first, which the pest control company did not refute.

The court also rejected evidence presented by the owner of the pest control company, stating that he had a commercial relationship with the condo's management corporation and lacked the necessary specialised expertise.

History of termite infestation

The condominium was found to have a history of subterranean termite infestations, a fact the management was aware of.

The judge thus pointed out that the corporation should have been aware of the possibility of a recurrence and had a duty to take preventive measures.

It was also found that the pest control company had mainly conducted visual inspections on the area and treated termites after they were found, but did not carry out preventive termite management.

They also failed to pick up widespread signs of termite infestation despite years of inspection, something Teh did on a single inspection.

As the case was the first in Singapore dealing with the duty of management corporations in maintaining common property, specifically regarding termite management, the court referred to Australian legislation in enacting the Building (Strata Management) Act (BSMA).

Under the legislation in Queensland, Australia, there is a duty imposed on body corporates to maintain common property.

At the same time, the court ruled that there was no evidence that the kitchen works done by Tan and Loo in their unit were illegal.

As the renovations were made within their private property, it was within their right to do so, the judge said.