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.
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 a company nominate anyone to the JMB committee?
Winning the most votes may not secure a committee seat. The High Court examines corporate nominees and whether defective nominations require a fresh AGM.
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.
The High Court considers what must be proved to hold former JMB committee members personally liable for alleged mismanagement.
Can former JMB committee members be made to pay for alleged mismanagement? The Cova Suites case explains why evidence of wrongdoing and loss matters.
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 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.
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.
Property management company obtains RM118,420.96 judgment for unpaid fees without a full trial.
Can summary judgment be entered against a JMB and its office-bearers? A property manager obtained RM118,420.96 without a full trial.