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Can Management Corporation claim for outstanding charges without issuing Form 15 and Form 20?
Case Update: Perbadanan Pengurusan Lojing Heights 1 v Dazizah Binti Muda [2020] FACTS: The MC brought a claim against the Defendant for RM16,723.00 as outstanding charges from 2017 to 2020. The MC obtained a summary judgment on 10.2.2021. Aggrieved with the decision, the Defendant (Appellant) appealed to High Court, and subsequently to Court of Appeal,…
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Strata Management Tribunal ruled that Joint Management Body can collect a lump sum contribution to sinking funds
Unreported Case The author represented a Joint Management Body in resisting a strata management tribunal claim filed by a parcel owner which essentially challenged the validity of a resolution passed by the general body in 2017, allowing the collection of a lump sum contribution to the sinking funds in the sum of a few hundred…
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Federal Court ruled that Developer and Management Corporation can impose different rates of charges
Case Update: Yii Sing Chiu v Aikbee Timbers Sdn Bhd & 2 Ors The author has previously written on the reported case of Aikbee Timbers Sdn Bhd & Anor v. Yii Sing Chiu & Anor and Another Appeal [2024] 2 MLRA 196 (see: https://koojiahung.com.my/2024/01/12/court-of-appeal-developer-can-impose-different-rates-of-charges-during-preliminary-management-period/ and https://koojiahung.com.my/2023/12/02/court-of-appeal-management-corporation-can-impose-different-rates-of-charges/) regarding imposition of different rates of charges by Developer…
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Court of Appeal ruled that Developer Can Impose Different Rates of Charges during Preliminary Management Period
CASE UPDATE: Aikbee Timbers Sdn Bhd & Anor v. Yii Sing Chiu & Anor and Another Appeal [2024] 2 MLRA 196 The author has previously written on the outcome of the appeal cases at https://koojiahung.com.my/2023/12/02/court-of-appeal-management-corporation-can-impose-different-rates-of-charges/. Based on the grounds of judgment, the Court of Appeal has also confirmed that Developer has statutory power to impose…
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Can Government Acquire Common Property Within a Strata Development Without Paying Any Compensation?
CASE UPDATE: PERBADANAN PENGURUSAN ARA AMPANG v. PENTADBIR TANAH DAERAH HULU LANGAT [2021] 6 CLJ 441 FACTS: This is a land reference case involving compulsory land acquisition carried out by Land Administrator on Pusat Komersil Ara Ampang. Pusat Komersil Ara Ampang is a small commercial 3 storey development, comprising 10 units of retail shops at…
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Court of Appeal ruled that Management Corporation Can Impose Different Rates of Charges
CASE UPDATE: PEARL SURIA MANAGEMENT CORPORATION v YII SING CHIU & 2 ORS (Court of Appeal, Civil Appeal No: W-02(NCVC)(A)-1389-07/2022) & AIKBEE TIMBERS SDN BHD & ANOR v YII SING CHIU & ANOR (Court of Appeal, Civil Appeal No: W-02(NCVC)(A)-1323-07/2022) FACTS: Two appeals were filed, one by Pearl Suria Management Corporation (MC) (vide Court of…
