Couple sues condominium management over termite damage, wins in what appears to be first such case

A Singaporean couple has won a legal battle against their condominium's management corporation, securing compensation for termite damage to their unit. The High Court ruled that the management had failed in its duty to maintain common property, specifically concerning termite prevention, in a case that appears to be the first of its kind.

The couple, Glenford Tan Ming Loon and Vivien Loo Hwee-Wen, discovered a termite infestation in December 2023 that severely damaged a wooden cabinet and its attached sink. They sued the Management Corporation Strata Title of Freesia Woods, alleging the management breached its duties by not ensuring the common property's soil was free from subterranean termites and by neglecting anti-termite treatments.

The condominium management contended that the damage resulted from the couple's "unauthorised and illegal" kitchen installation, which allegedly created a damp environment. However, District Judge Chiah Kok Khun sided with the claimants, accepting expert testimony that subterranean termites, nesting in the ground, were the cause.

The judge found the condo's expert witness unreliable, noting he was from the pest control company hired by the condo and lacked specialist knowledge without providing a formal report. In contrast, the claimants' entomologist provided a report detailing extensive subterranean termite activity originating from the estate's ground.

The couple was awarded S$10,978 (US$8,520) for repairs, along with approximately S$42,750 in legal costs and disbursements. This ruling sets a precedent for the responsibilities of management corporations in addressing termite issues within common property.

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The damage had been caused by subterranean termites.