Enforcement of Special Covenant 2(1)(a) Memorandum of Lease to HDB's Lease Agreement to Prevent Persistent Smoking Near Balconies or Windows Despite Advisories and Mediation Efforts
Ministry of National DevelopmentSpeakers
Summary
This question concerns whether Special Covenant 2(1)(a) of the HDB lease agreement can be enforced against persistent smoking near balconies, as raised by Mr Louis Ng Kok Kwang. Minister for National Development Desmond Lee explained that enforcement entails compulsory acquisition, a punitive last resort used sparingly to avoid displacing families and relocating the problem. Instead, the government promotes amicable resolution through the Community Mediation Centre and Joint Advisories to encourage considerate behaviour. For intractable cases, residents may seek orders from the Community Disputes Resolution Tribunal against unreasonable interference, while the government continues studying better dispute management.
Transcript
88 Mr Louis Ng Kok Kwang asked the Minister for National Development (a) whether special covenant 2(1)(a) of the Memorandum of Lease to HDB's lease agreement can be enforced to prevent smoking near balconies or windows which persisted despite (i) advisories from the authorities, and (ii) efforts of the Community Mediation Centre (CMC); and (b) if not, what other conditions must be met before a case of smoking near balconies or windows will be considered a case of last resort where enforcing the special covenant is considered.
Mr Desmond Lee: Enforcing the breach of a covenant under the lease agreement entails compulsory acquisition of the flat, as highlighted to the Member previously. This is a punitive measure that is not undertaken lightly. HDB exercises the right of compulsory acquisition sparingly and as a last resort. Moreover, should a flat be compulsorily acquired, the flat owners and occupants of the flat, such as their family members, will need to relocate and find a home elsewhere. If the underlying issues are not resolved, the issue will just be brought over to another community.
Hence, the approach to manage disamenities and disputes between neighbours is for neighbours to come together to try to resolve the matter amicably, with assistance by grassroots leaders or at the Community Mediation Centre (CMC) where required. Where necessary, a Joint Advisory on Smoking in Homes will be issued by agencies to the residential unit reported to be emitting second-hand smoke, encouraging considerate behaviour and emphasising the negative impact that second-hand smoke may have on their neighbours.
In intractable cases, the affected neighbour may file a case with the Community Disputes Resolution Tribunal (CDRT). If the respondent is shown to have caused unreasonable interference to the affected neighbour, then the CDRT may make a range of orders against the respondent, including requiring the respondent to cease or refrain from carrying out certain acts.
We will continue to study how we can better manage neighbour disputes arising from disamenities.