PROPERTY LAW – MANAGEMENT CORPORATION – STRATA MANAGEMENT ACT 2013

It is common knowledge that a Management Corporation (“MC”) is in charge with maintenance and management of the common properties of a condominium or strata development.

Q: Can a MC be compelled to supply natural gas (a service previously provided by the developer of the project)? Can a MC be compelled to make payments for license to supply natural gas?

A: Section 59(2) of the Strata Management Act 2013 (“SMA 2013”) provides as follows:

The powers of the MC:

a) to collect the Charges from the proprietors in proportion to the share units or provisional share units of their respective parcels or provisional blocks;
b) to collect the contribution to the sinking fund from the proprietors of an amount equivalent to ten percent of the Charges;
c) to authorize expenditure for the carrying out of the maintenance and management of the subdivided buildings or lands and the common property;….

It does not include supplying natural gas.

Q: Can the MC collect gas charges?

A: No. s.59(2) SMA 2013 only allows MC to collect maintenance charges and sinking funds. Not charges related to the supply of natural gas.

The powers of a MC cannot be expanded. If it is not expressly or impliedly permitted by the SMA 2013, it is considered prohibited.

Q: Can the MC take over and charge natural gas supply fee?

A: No. The MC lacks the power to take over the supply and management of the gas supply.

Sorotan Terkini

ROAD TRAFFIC – DUTY OF DIRECTOR GENERAL OF ROAD TRANSPORT

In a legal spotlight, X’s acquisition of a cloned vehicle unknowingly, due to lapses in the Road Transport Department’s record-keeping, raises questions about statutory duties and public trust. The case underscores the importance of stringent vehicle registry maintenance to prevent ownership of unlawfully modified vehicles.

22 April ,2024 Tiada Ulasan

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

The dismissal of X by Company ABC, citing economic downturns, presents a compelling case on the complexities of employment termination and retrenchment legality. X contested his redundancy, claiming his role in property management and services was unaffected by the property development market’s challenges. This case probes into the legitimacy of retrenchment under economic duress and the employer’s duty to act in good faith, as guided by Section 20(3) of the Industrial Relations Act 1967. The burden rests on Company ABC to prove the necessity and genuineness of X’s redundancy, with failure to do so possibly leading to a verdict of unjustified termination. This scenario underscores the critical importance of evidence and intention in retrenchment cases, as reflected in precedents like Akilan a/l Subramanian v. Prima Awam (M) Sdn Bhd.

26 Mac ,2024 Tiada Ulasan

PROPERTY LAW – LEGAL IMPLICATIONS OF SALE AND PURCHASE AGREEMENT BREACHES AND THE RIGHT TO OFFSET IN MALAYSIAN PROPERTY TRANSACTIONS

In the realm of Malaysian property transactions, the intricacies of Sale and Purchase Agreements (SPAs) and the enforcement of Liquidated Ascertained Damages (LAD) play pivotal roles in safeguarding the interests of both developers and purchasers. This article delves into the legal framework governing the rights and obligations of parties involved in property transactions, particularly focusing on the consequences of contractual breaches and the conditions under which a purchaser can exercise the right to offset against LAD. Through the examination of relevant case law and statutory provisions, we illuminate the legal pathways available for resolving disputes arising from the failure to adhere to the terms of SPAs, thereby offering insights into the equitable administration of justice in the context of Malaysian property law.

28 Februari ,2024 Tiada Ulasan

WINDING-UP – OFFICIAL RECEIVER AND LIQUIDATOR (“ORL”)

In cases of compulsory winding up, the court would appoint a liquidator under s.478 of the Companies Act 2016 (“CA 2016”) to expeditiously recover and realise the assets of the wound-up company for the distribution of dividends to creditors and administer any outstanding matters involving………..

7 Februari ,2024 Tiada Ulasan

JUDICIAL REVIEW – PROCEDURAL FAIRNESS AND LOCUS STANDI

This excerpt illuminates the foundational principles of judicial review as outlined in Order 53 of the Rules of Court 2012. It highlights the criteria for challenging public decisions on grounds of illegality, irrationality, or procedural impropriety. Central to the discussion is the question of timing in judicial review applications, particularly in cases of procedural unfairness. The practical scenario underscores the significance of a “decision” by the relevant authority as a prerequisite for locus standi, drawing insights from the case of Hisham bin Halim v Maya bt Ahmad Fuad & Ors [2023] 12 MLJ 714.

30 Januari ,2024 Tiada Ulasan

CONTRACT LAW – CONTRACTUAL INTERPRETATION REMEDIES UNVEILED: DECIPHERING CONTRACTUAL CLAUSES AND LEGAL BALANCE

This legal updates explore the principles governing the interpretation of agreements, emphasizing the importance of clarity and unambiguity in contractual terms. It delves into a key issue involving restrictions on remedies for breach of contract, shedding light on the court’s commitment to upholding plain meanings. The illustrative scenario involving shareholders X and Y dissects a pertinent clause, showcasing the delicate balance between restricting remedies and ensuring fairness in legal proceedings.

22 Januari ,2024 Tiada Ulasan

PROPERTY LAW – MANAGEMENT CORPORATION – STRATA MANAGEMENT ACT 2013

Sorotan Terkini

ROAD TRAFFIC – DUTY OF DIRECTOR GENERAL OF ROAD TRANSPORT

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

PROPERTY LAW – LEGAL IMPLICATIONS OF SALE AND PURCHASE AGREEMENT BREACHES AND THE RIGHT TO OFFSET IN MALAYSIAN PROPERTY TRANSACTIONS

WINDING-UP – OFFICIAL RECEIVER AND LIQUIDATOR (“ORL”)

JUDICIAL REVIEW – PROCEDURAL FAIRNESS AND LOCUS STANDI

CONTRACT LAW – CONTRACTUAL INTERPRETATION REMEDIES UNVEILED: DECIPHERING CONTRACTUAL CLAUSES AND LEGAL BALANCE

Hebahan Terkini

ROAD TRAFFIC – DUTY OF DIRECTOR GENERAL OF ROAD TRANSPORT

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

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KUCHAI LAMA / KUALA LUMPUR
( MALAYSIA ) OFFICE

PROPERTY LAW – MANAGEMENT CORPORATION – STRATA MANAGEMENT ACT 2013

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KUCHAI LAMA / KUALA LUMPUR ( MALAYSIA ) OFFICE

KUCHAI LAMA / KUALA LUMPUR
( MALAYSIA ) OFFICE