Legal Insights

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 […]

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 […]

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 […]