Can 115 parking bays attached to one utility room be claimed as common property?
The First Residence judgment examines registered titles, strata plans and a failed claim over a utility room and 115 parking bays.
Legal Insights
Managing your own block in a mixed development. Are maintenance charges still payable?
A developer managed one tower and sought to deduct its expenses from the MC’s charges. The High Court examined the arrangement, statutory duties and proof of expenditure.
Your balcony is your neighbour’s roof. Who pays when it leaks?
A balcony may shelter the unit below without becoming common property. The High Court considers who must pay for repairs and whether a decided dispute can be reopened.
Can local council approval, a developer’s “no objection” letter or a renovation clearance form replace the JMB’s prior written approval?
Local council approval does not replace the JMB’s written approval for disputed external renovation works. Find out what owners and management should check.
High Court Dismisses Most Claims Against Developer and JMB in Ara Hill Dispute
Why did the Ara Hill owners’ building defects claims largely fail? The High Court examined who could sue, the evidence and the JMB’s responsibilities.
Common Property Defects Claim: Can Owners Join a JMB’s Lawsuit During a Disputed Handover?
Can owners join a JMB’s common property defects claim when the MC does not continue it? A High Court ruling examines a disputed management handover.
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 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 […]