On 19th September 2013, we received 1 question from Mr. Loh Kai Kwong:
I have an interesting question… and this is good for public knowledge, esp for those who stay at condominiums..

  1. As the parking lots of condominium are “purchased”, either together with the unit, or you can purchase additional if you like.
  2. The owners/residents are paying monthly service fees to JMB/Building management for all the services and utilities provided, inclusive of securities in the premises.Question is… Can the JMB/Building management put up a signage – “park at your own risk” at the car park to avoid their responsibilities?
    1. Put up when the condominium completed before hand over the keys; and …
    2. Many years after the keys were hand-over … Wish to view the opinion of AskCA@Thursday… Cheers and thanks
To ascertain whether the JMB/MC/security provider is liable, you will have to ascertain the scope of security work provided by the JMB/MC/security provider through the Deed of Mutual Convenant. There are 2 circumstances where the JMB/MC/security provider may be liable:-

  • that the security is employed to prevent any break-ins or trespass; and
  • security’s negligence caused the losses. (ie. the security agreement provides that 2 guards be on duty at any time, one at the entrance while the other patrol around the premise, and on the night of the break-in only 1 guard was on duty.)

In either of the above circumstances, JMB/MC/security provider may not escape from the liabilities and/or responsibilities notwithstanding the “Park at your own risk” sign being displayed at the premise.