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.
RESHAPING HOUSING LAW: THE IMPACT OF ANG MING LEE ON DEVELOPERS AND BUYERS
The landmark Ang Ming Lee decision by the Federal Court invalidated the Minister’s power to grant extensions of time for housing projects, forcing developers to face Liquidated Ascertained Damages (LAD) claims for delays. Subsequent rulings clarified that this decision applies prospectively, ensuring stability in the housing market while reinforcing the need for strict compliance with statutory contracts. This case has significantly reshaped the legal landscape, emphasizing greater accountability for developers and enhanced protections for property buyers.
DISTRIBUTION OF ASSETS – LEGAL RIGHTS OF CHILDREN BORN IN UNREGISTERED CUSTOMARY MARRIAGES TO INHERIT INTESTATE ESTATES
Born to parents in an unregistered Chinese customary marriage, an individual was deemed illegitimate following their father’s intestate death. The key legal issue is whether this individual can inherit under the Distribution Act 1958 (DA). The DA does not restrict inheritance to legitimate children only; it includes all bloodline descendants. Therefore, the individual qualifies as ‘issue’ and is entitled to inherit their father’s estate despite questions of legitimacy.
NUISANCE – EVALUATING LEGAL NUISANCE IN GATED COMMUNITIES
X’s manual operation of boom gates due to unpaid fees does not constitute an actionable nuisance under common law, focusing on community security over individual inconvenience.
LAND LAW – CAVEATS– CAVEATABLE INTEREST
Who can enter a private caveat? How can I remove private caveats wrongfully entered on my property?
PROPERTY LAW— LAND ACQUISITIONS — COMMON PROPERTY — COMPENSATION
Can State Government acquire the common property of your condo for development? What is the Management’s right?
SUCCESSION — INTESTACY — DISTRIBUTION OF ESTATE
The significance of making a will cannot be overstated.
What happens if you die interstate or partially interstate?
CONTRACT LAW – EXCLUSION CLAUSE –UNEQUAL BARGAINING POWER
What can you do when one party relies on an exclusion clause that absolves any liability against them in the event of a dispute?
MONEY LAUNDERING – AMLATFPUAA 2001 – REAL ESTATE – LEGAL PROFESSION
“What is money laundering and the law that governs it”
PROPERTY LAW – REAL ESTATES – FREEHOLD –LEASEHOLD
Real estate : What do you need to know about buying of property?
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