31 March 2010


To: The Hon Prime Minister Lee Hsien Loong

Dear Sir,

We are a group of “stayers” residing in condominiums across Singapore. We treasure our homes. We wish to thank you for saying in a public speech that “Property is for people to buy to live in, not for speculating” as was reported in The Straits Times 22 Feb 10. This is exactly what we believe too.

However, the en bloc phenomenon of recent years has caused much distress to the many people like us who love our homes. As a result of the en bloc legislation and the greed of developers and speculators, we no more have a sense of security even if we own our homes. Our sense of belonging has been badly shaken. On the one hand, we are exhorted by the government to develop a sense of belonging to the community and country, to sink our roots here, and to treasure our homes and not use them as an easy means to make a quick profit. On the other hand, we face a constant threat of having our homes sold en bloc and being effectively evicted against our wishes.

The case that the government makes for allowing en bloc collective sales is based on the need for urban renewal in land-scarce Singapore. We understand the need for urban renewal. The case we are making is that urban renewal should not be achieved simply through a laissez faire approach to en bloc sales of private residential condominiums because these are not just buildings but they are our homes and what many of us see as the fruits of our nation-building efforts. There must be tighter and enforceable laws to ensure that en bloc collective sales are conducted in a way that does not go against the principle and core value that we as Singaporeans are being exhorted to cultivate – that of treasuring our homes.

We are very much saddened and dismayed by the way en blocs are allowed to take place. The situation now is that many, if not most, en bloc attempts are initiated by people with questionable motives. Some are out to get a quick and easy profit – the very thing you say we should not do with our homes. Some homeowners are not satisfied with simply selling their own unit in the open market, but want a windfall and so seek an en bloc collective sale by forcing others to sell even if the latter have no desire to. Even property agents are feeding this greed by encouraging homeowners to sell en bloc to collect the windfall. As reported in the press, we also learn of well-heeled speculators, some buying units within the same estate while others buying one unit after another in different estates, so easily reaping multiple windfalls through the en bloc process. It often has nothing to do with urban renewal. Our condominiums are generally in a good state and there is also never an independent and fair assessment that the buildings are a public eyesore or in danger of crumbling or collapsing. But because they want to en bloc desperately, those keen on en bloc try to convince the residents that “old is bad”, and that the estate is in a state of bad repair. Worse still, because many of these pro-en bloc residents are also in the management councils that are supposed to take care of maintaining the estate, they deliberately and perversely allow the estate to be run down to support their contention.

There are supposed to be laws and rules that govern the en bloc collective sales of estates. However, many of them are flouted by the collective sale committees, and the committees get away with it. Despite public feedback that was given about the glaring conflict of interest arising when members of the management council are also in the collective sale committee, even spearheading the collective sale, no new laws were enacted to disallow a subsidiary proprietor to be in both the collective sale committee and the management council concurrently. Little has changed since the amendments to the Land Titles (Strata) Act in 2007 were implemented. Time and again we see the collective sale committees running rough-shod over the owner-objectors and pushing through their resolutions with flagrant disregard of common decency, statutory duty and the new laws which the Ministry of Law passed in Parliament. The objectors are usually seen as the “obstructionists” and in some instances have been treated roughly. You may have read in the press about Laguna Park where vandalism was wrought on en bloc-dissenters by the chairman of its collective sale committee. This was by no means an isolated incident. Greed and rage against those standing up for their rights can only be behind such anti-social behaviour.

It is also sad to see that in the case of Horizon Towers, the Strata Titles Board had allowed the sale even though there was clear evidence that the collective sale committee had not accepted the highest bid and had concealed this from the subsidiary proprietors. The case went all the way up to the High Court where millions were spent by both sides. Where there is a dispute, not all of us have the deep pockets to take our case to the High Court or further on appeal. We would like to propose that a new tribunal be set up (e.g., perhaps along the lines of a Strata Living Ombudsman or Strata Title Referee) to deal with the fallout from having to deal with the greed and conflict which now pervades the affected estates. A Strata Living Information Centre could also be set up to provide information, resources and counselling to strata title proprietors and strata residents.

Many letters have been written in the Straits Times Forum Page about the negative social impact of en bloc and the concerns we have regarding the way it is conducted. (We have attached some for your easy reference.) However, it seems that no one is really listening to us in our plight and we are getting very frustrated. That is why we are bringing our case directly to you, in the hope that you will listen and help us. Some of us want to remain living near schools and other educational institutions close to our estates rather than be forced to relocate. Others have family members living nearby due to earlier design. Having to move home can be one of the most stressful and traumatic events in a person’s life, next to the loss of a loved one. It is more stressful for those who are affected by en bloc sales, especially the senior citizens and retirees as well as those with special needs. According to Minister for National Development Mah Bow Tan, when speaking on the HDB Lease Buyback Scheme, it is important “to create an environment where our elderly can ‘age in place comfortably’….to enjoy living in familiar surroundings and among friends and neighbours”. It begs the question – how will we be able to “age in place comfortably” in our own homes when faced with the constant threat of eviction as a result of the en bloc process?

We sincerely hope that you will understand our desire to live in peace and enjoy the nest we have made for ourselves over the years. If ever an estate is to undergo en bloc, it must be for the correct reasons, and there must be strict laws and regulations as well as powers to ensure that the building or estate is truly in a dangerous state and beyond simple repair work, and that the en bloc process is carried out according to the law. In this respect, we hope for a rapid revision of laws that set tighter conditions under which an estate can be put up for an en bloc collective sale with more safeguards for those who do not wish to sell, e.g., (a) require reasons to be given for demolition, and obtain an independent and fair assessment to determine whether the reasons given for demolition to achieve urban renewal are valid; (b) restrict the frequency of en bloc attempts in an estate within a given period or provide for a minimum gap between each attempt so that they cannot be held consecutively; (c) raise the minimum consent quota from 30% to 60% before each en bloc collective sale attempt; (d) disallow members of the collective sale committee to also be in the management council and disallow the use of MCST funds and assets for en bloc purposes, with tighter financial and other reporting requirements for both bodies; (e) limit the tenure of a collective sale committee to one year; and (f) invest authority in an agency/ministry to take an active role to check and follow up on complaints especially when they can be substantiated. These and other thought-out measures will help us. The more resident-friendly legislative scheme for collective sales in Hong Kong could be examined and used as a benchmark when tightening the legislation here.

Many of us have tried to dialogue on these matters through the newspaper forum pages and other avenues to no avail. The responses from the ministries have generally been unsympathetic and disappointing. We wish to express our views to you as a matter of last resort. Unless you personally pay attention to this issue, and unless there are policy and legislative changes, the legal tribunals will simply “give effect to parliamentary intention” and make it very easy to en bloc estates so completely railroading over our common ideal that “property is for people to buy to live in, not for speculating”.

We are very concerned about our homes. Our children’s heritage is the values that we uphold today – and it all starts with our home. Our home is where our heart is, and where we build our sense of community and belonging. We are the “stayers” and nation-builders who did not look for greener pastures in other countries. As a Straits Times reader said in his letter to the forum page headlined “Collective sales bad for those who treasure home” on 18 Sep 06, “their roots are deeply planted there, as much as their roots are in Singapore, their nation…..What does this sense of belonging to a place mean when one can be booted out just because others with a bigger collective voice then say so….?”

Please would you look into and address our concerns. We would be grateful to hear from you, Sir.

Thank you.

Sincerely,

STAYERS

cc

DPM and Minister for Defence Teo Chee Hean (MP, Pasir Ris-Punggol GRC)
Minister for Community Development, Youth and Sports Dr Vivian Balakrishnan (MP, Holland-Bukit Timah GRC)
Minister for Law and 2nd Minister for Home Affairs K Shanmugam (MP, Sembawang GRC)
Minister for National Development Mah Bow Tan (MP, Tampines GRC)
Minister of State, Ministry of Community Development, Youth & Sports Mrs Yu-Foo Yee Shoon (MP, Holland-Bukit Timah GRC)
Mr Chan Soo Sen (MP, Joo Chiat)
Mr Christopher de Souza (MP, Holland-Bukit Timah GRC)
Miss Indranee Rajah (MP, Tanjong Pagar GRC)