Wrongful Exclusion from Voting and Defective Notice Invalidate a Strata EGM
Can an MC exclude an owner from an EGM over disputed arrears? The High Court invalidated an EGM where voting rights and the meeting notice were defective.
Legal Insights
Can an MC recover a separately titled kindergarten parcel as common property by relying on the approved development plans?
An MC challenged the private ownership of a kindergarten parcel. The High Court recognised serious concerns but found insufficient grounds to defeat the registered title.
Can the Strata Management Tribunal nullify an AGM resolution where the financial consequences exceed RM250,000?
The High Court upheld the Tribunal’s power to nullify an AGM resolution despite alleged financial consequences above RM250,000. What does this mean for JMBs and MCs?
Can long-standing use of a parking bay override the accessory parcel recorded in a strata title?
A parking arrangement lasted approximately 22 years, but the registered titles said otherwise. What evidence is needed to establish the correct allocation?
Can Owners Recover Maintenance Payments When a JMB’s Charging Resolutions Are Invalid?
An invalid JMB charging resolution does not automatically mean a refund. The Court of Appeal explains recalculation, credits and continuing payment obligations.
Can a Management Corporation Prohibit Short-Term Rentals, and Why Do Its House Rules and AGM Resolutions Matter?
Practical preparation for MCs and owners reviewing short-term rental disputes, house rules, AGM records and proposed enforcement action.
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, […]
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 […]
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: Court of Appeal ruled that Developer Can Impose Different Rates of Charges […]
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 Court of Appeal ruled that Management Corporation Can Impose Different Rates of Charges. Based on the grounds of judgment, the Court […]