Strata Management Case Updates 13 – can TNB recovers outstanding electricity charges (owed by Developer) from JMB?

Kerajaan Malaysia (Petitioner) v Sanjung Utama Sdn Bhd (Respondent) and (Tenaga Nasional Berhad – Applicant) (Melaka High Court Companies Winding Up No. MA-28PW-05-05/2017] Facts: Sanjung Utama Sdn Bhd is a developer and was wound up on 5.9.2016. Private liquidator was appointed. On 27.3.2017, TNB filed proof of debt to the private liquidator but received a . . .

Strata Management Case Updates 12 – Can MC prohibits foreigners from renting?

WOH FAT SOENG v CITY VIEW MANAGEMENT CORPORATION [2018] 1 LNS 1268 Facts: The Appellant is the registered owner of an apartment unit in Kuala Lumpur. The Appellant’s complaint against the Respondent relates to the Respondent’s By-Laws and House Rules in regards to granting a short term tenancy to foreigners on a social visit pass. . . .

Strata Management Seminar Series 2019

Understanding the “must know” legal & practical issues in maintenance and management of building and common property. This 1-day intensive seminar primarily covers the must know topics within the strata management, especially for members of the joint management committee, management corporation and managing agents. The legislations that will be referred to are the Strata Management . . .

Strata Management Case Updates 11 – How can one stop AirbnB or short term rentals?

Verve Suites Mont Kiara Management Corporation v Innab Salil and 20 others (Kuala Lumpur High Court Civil Suit No. WA-22NCVC-461-09/2017) This is one of the more anticipated decision on Airbnb or short term rentals. Facts: Plaintiff is the Management Corporation of Verve Suites Mont Kiara. 1st and 2nd Defendants are the tenants. The remaining Defendants . . .

Strata Management Case Updates 10 – Can a JMB apply different rates of charges?

Muhamad Nazri Bin Muhamad v JMB Menara Rajawali and Denflow Sdn Bhd [2018] 9 CLJ 547 Kuala Lumpur  High Court Originating Summons No. WA-24NCVC-186-01/2018 Facts:  The Plaintiff is a parcel owner of the residential component. The development area, namely Menara Rajawali consists of residential, retail and car park parcels.  Allocated share units of the development . . .

Strata Management Case Updates 9 – How to deal with AirBnb parcels?

Salil Innab and Teng Keng Han v Badan Pengurusan Bersama Setia Sky Residences, Kuala Lumpur High Court, Originating Summons No. WA-24NCVC-776-04/2018 [2018] 1 LNS 1323 There are several AirBnb cases pending in courts. Unfortunately not all of them were reported. There is one pending an appeal in the Court of Appeal involving Verve Suites and . . .

Strata Management Case Updates 8 – Can a JMB sue after the MC is established

Park Access Sdn Bhd & Ors v Badan Pengurusan Bersama Prima Avenue dan DPCC Fasa 1 (Block G, H, I) and other appeals (CA) [2018] 1 LNS 711 Facts: The Plaintiff is the JMB and claimed that the accessory parcels of car park bays be declared as common property and the Sale and purchase agreement . . .

Strata Management Case Updates 7 – Can a JMB or MC compels the developer to supply information or documents?

Bandar Utama Development Sdn Bhd & Anor v Bandar Utama 1 JMB (CA) [2018] 1 LNS 770 Facts: This is an appeal by the Developer (Bandar Utama Development Sdn Bhd) against the decision of the High Court in allowing a pre-action discovery pursuant to Order 24 R 7A of the Rules of Court 2012 in . . .

Strata Management Case Updates 6 – Does a committee member of JMC / MC owes a fiduciary duty?

3 Two Square Sdn Bhd v Perbadanan Pengurusan 3 Two Square & Ors  [2018] 4 CLJ 458 Brief Facts: 3 Two Square Sdn Bhd, the developer sought a mandatory injunction to compel the Management Corporation to maintain properties on the basis they are common property of 3TwoSquare. The subject property includes, cooling tower, lifts and . . .

[Exclusive] LIST of Jewellery claimed by Global Royalty Trading SAL

It is widely reported that a Lebanese Jewellery Trader is claiming from Datin Rosmah a total sum of USD14,787,770.00. We had access to the LIST of jewellery. The pleadings went on to suggest that it is the usual practice where the Trader delivers on a consignment basis at the request of Datin Rosmah Mansor to . . .

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