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Knowledge Justice High Standards

Legal Insights

Can an MC recover maintenance arrears going back more than 20 years?

A High Court decision examines maintenance arrears dating back to 2004, running accounts and why poor maintenance did not defeat summary judgment.

Can an owner sue the MC for nuisance over its debt collection methods?

An owner succeeded in nuisance against the MC over its combined debt collection conduct. The case explains why arrears do not justify every enforcement method.

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.

Can a developer refuse to release a purchaser’s strata title because of alleged outstanding maintenance charges?

Can a developer withhold your strata title over maintenance arrears? The High Court explains why title delivery and recovery of charges are separate.

High Court reaffirms that disputed share-unit allocations do not justify retaining square-foot billing.

The High Court reaffirms share-unit billing: an owner’s disputed allocation did not require the MC to retain square-foot maintenance charges.

Can a management corporation withdraw essential services or deactivate access cards when owners fail to pay maintenance charges?

Can management stop rubbish collection over unpaid maintenance charges? The High Court distinguished essential services from access-card restrictions.

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.

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 Management Corporation Impose Different Rates of Charges within a Residential Component?

Court of Appeal ruled that Management Corporation Can Impose Different Rates of Charges Strata Management Act 2013