Category: Strata

TORT OF NEGLIGENCE – STRATA MANAGEMENT – HOLDING DEVELOPERS ACCOUNTABLE FOR DEFECTS – A WIN FOR CONDO OWNERS!

The decision in Badan Pengurusan Bersama Subang Parkhomes v Zen Estates Sdn Bhd (Fadhlullah & Associates Consulting Engineers Sdn Bhd) [2025] 7 MLJ 780 emphasizes developers’ clear duty of care toward condominium residents, reinforcing their responsibility to properly rectify defects. It highlights the essential role developers play in ensuring quality and compliance, protecting residents from bearing unnecessary financial burdens arising from poorly completed projects.

STRATA MANAGEMENT – MANAGEMENT FEE SHOWDOWN – RESIDENTIAL VS. COMMERCIAL – WHO’S PAYING FOR THE EXTRAS?

In a landmark decision in Aikbee Timbers Sdn Bhd & Anor v Yii Sing Chiu & Anor and another appeal [2024] 1 MLJ 94 , the Court of Appeal clarified the rules on maintenance charges and sinking fund contributions in mixed strata developments. Developers and management corporations can impose different rates based on the distinct purposes of residential and commercial parcels. The judgment emphasizes fairness, ensuring residential owners bear the costs of exclusive facilities like pools and gyms, while commercial owners aren’t subsidizing amenities they don’t use. This ruling highlights the importance of transparency in budgeting and equitable cost-sharing in mixed-use properties.

STRATA MANAGEMENT – COMMON PROPERTY CONUNDRUM: CENTRALIZED AC COSTS AND THE STRATA MANAGEMENT DEBATE

In a recent legal dispute, the classification of centralized air conditioning facilities (CACF) as common property has come under scrutiny. The Plaintiff, a parcel owner in Tower A of Menara UOA Bangsar, challenged the Management Body’s use of maintenance funds for the upkeep of CACF, which primarily benefits parcels in Tower B. The court is likely to dismiss the Plaintiff’s claim, reinforcing the principle that as long as CACF serves two or more occupiers, it is deemed common property, thus falling under the Management Body’s purview without requiring reimbursement from individual parcel owners.

PROPERTY LAW – MANAGEMENT CORPORATION – STRATA MANAGEMENT ACT 2013

Can the Management Corporation of a condominium charge natural gas supply fee and be compelled to maintain gas supply equipment and license?

PROPERTY LAW – STRATA TITLE – APPLICATION

Has your Developer made an application to obtain your individual Strata Title? What can you do if your Developer has wound up prior to that?

STRATA TITLE – MANAGEMENT – TRESPASS AND NUISANCE

My neighbour rented out his condominium unit to university students. The amount of people that would usually live in such a space doubled. The noise level was unbearable. We made complaints to the management corporation but nothing was done. What can I do?

CAR PARK – RENT OUT TO THIRD PARTY, PROPERTY LAW – STRATA TITLE – COMMON PROPERTY

Sale of carparks for rental business in a strata property

USE OF STRATA PROPERTY FOR SHORT-TERM RENTAL PURPOSE

Use of strata property for short term rental purpose.

REAL ESTATE, DEFECT LIABILITY AND RECTIFICATION

I have just taken vacant possession of my new strata property. I have discovered that the ceiling is leaking. I have requested the developer to fix it. They did not. They kept delaying. What can I do?

STRATA TITLE AND ADMINISTRATIVE FEE

I am in the midst of getting the strata title transferred into my name. However, the developer is charging me administrative charges of RM250.00 per month. Can they do that?