Insights on Malaysia Legal Matters.

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Lai Chee Hoe

Lai Chee Hoe

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Strata Management Case Update 3: Can we Pre-determined Service Charges and Sinking Fund

Ekuiti Setegap Sdn Bhd v Plaza 393 Management Corporation (Court of Appeal)

Plaza 393 reflects a very common problem plaguing many developers owned parcels in a mixed development intended to be subdivided. When it was reported in the High Court, it attracted quite a bit of attention since a quick glance suggested that it runs contrary to the current statutory regime. Before I go further, the facts were:

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Lai Chee Hoe

Lai Chee Hoe

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Strata Management Case Update 2: Extension of Time for AGM

Can a developer/ JMB/ MC apply for an extension of time to convene the annual general meeting?

Since I am involved in both operational and dispute on strata management, issues, I now share summaries of some of the cases I have handled and the recent Malaysian court decisions in interpreting the provisions in Strata Management Act 2013, Strata Management (maintenance & management) Regulations 2015 and Strata Management (Strata Management Tribunal) Regulations 2015.

Perbadanan Pengurusan Anjung Hijau v Pesuruhjaya Bangunan Dewan Bandaraya Kuala Lumpur (COB DBKL) [2017] 11 MLJ 554

Brief Facts:

The plaintiff was the management corporation known as ‘Anjung Hijau Apartment’. The rival faction of the owners of units of the apartment had filed several suits against the plaintiff. On this basis, the plaintiff sent a letter to the defendant and requested for an adjournment of the holding of the annual general meeting (‘AGM’).

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Lai Chee Hoe

Lai Chee Hoe

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Strata Management Case Update 1

Since I am involved in both operational and dispute on strata management, issues, I now share summaries of some of the cases I have handled and the recent Malaysian court decisions in interpreting the provisions in Strata Management Act 2013, Strata Management (maintenance & management) Regulations 2015 and Strata Management (Strata Management Tribunal) Regulations 2015.

Can a developer/ JMB/ MC impose charges or seek a contribution to the maintenance account or sinking fund over and above the monthly maintenance charges?

A developer / JMB / MC sometimes may impose further charges over and above the monthly maintenance charges and sinking fund. Most if not all are genuine expenses incurred, for example, upgrading of façade, repairing of defects, payment for legal expenses. There were however many instances where the expenses incurred were not recovered since the mechanism they used were incorrect. This frustrates the developer/ JMB / MC since the additional expenses incurred although is for the good of the proprietors in general yet it gets defeated in court / tribunal.

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BurgieLaw

BurgieLaw

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Strata Management Seminar 2018

Strata Management Act (“SMA”) 2013, Strata Management Regulation (Maintenance & Management) Regulation (“SMR”) 2015 and Strata Management (Strata Management Tribunal) Regulations 2015 came into force on June 2015. More than two years later, there are still many challenges and problems in its implementation due to many unforeseen issues, consequences and legal obligations.

This 1-day intensive seminar will deal with the many current issues and problems faced by developers, purchasers, management bodies, property managers and the COB in the implementation and compliance of the provisions of the Strata Management Act 2013. The speakers will discuss in-depth what is involved in maintenance and management of buildings and common property, problems and issues arising during developer’s management period and preliminary management period, the Strata Management Tribunal and its jurisdiction and powers.

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Lai Chee Hoe

Lai Chee Hoe

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JMB & MC Series: 10 Most Common Questions Asked During Annual General Meetings

I have been consistently appointed to attend general meetings of the joint management body or management corporation in various development areas and I realise there is still a lack of knowledge when it comes to the meeting procedures and the laws relating to general meeting of a joint management body / management corporation.

For the benefit of our readers, I have summarized some of the more common questions asked during the general meetings and I reproduce them below, in no particular order.

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BurgieLaw

BurgieLaw

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Who is rushing to wind True Fitness up?

If you are interested to read from a legal stand point on the biggest closure of gym centers in Malaysia, Mr. Lee Shih, a dispute resolution lawyer at Skrine has written on 5 Key Legal Issues from the Closing Down of True Fitness Malaysia on his website at TheMalaysianLawyer.com.

Burgielaw just simply could not resist to put on their investigating cap and did some homework. The documents extracted below are information available in the public domain.

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BurgieLaw

BurgieLaw

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Property Law Seminar 2017

BurgieLaw is the strategic partner for the 1-day intensive seminar which will highlight and discuss the latest updates and developments on strata management, property development, conveyancing practice and the problems faced by lawyers, developers, purchasers, management bodies, property managers and the COB in the implementation and compliance of these changes. The key topics that will be covered include:

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BurgieLaw

BurgieLaw

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BurgieLaw’s Response To TheMalaysianLawyer Article

We refer to the article “Bar Council finds BurgieLaw and Dragon Law in breach of Legal Profession Act; yet to decide on CanLaw“, published by themalaysianlawyer.com which extracted paragraphs from the Legal Profession Committee’s (“LPC”) report in the 2016/2017 Annual Report of the Malaysian Bar.

Burgielaw.com wishes to clarify that, as of today, Bar Council has neither disapproved nor disallowed the application of Burgielaw.com.

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BurgieLaw

BurgieLaw

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Bubble Tea War (CHATIME v TEALIVE): La Kaffa’s version

bl_blog_loob_holding_la_kaffa

So now you have heard of Bryan Loo’s story. What about La Kaffa’s?

Since nothing was heard from them, we decided to do some investigative journalism works and voila! We discovered an injunction was filed by La Kaffa in the Malaysian courts this week. We also subsequently discovered that there was an earlier dispute which resulted in an arbitration filed in the Singapore International Arbitration Centre by La Kaffa.

As for the local suit, it was registered as Kuala Lumpur Originating Summons No. WA-24IP-3-02/2017 and an ad interim injunction was heard before the High Court Judge, Justice Wong Kian Kheong (who was the lawyer in Tun Dr Ling’s PKFZ case and also Abdul Razak’ lawyers in the Altantuya’s trial where Abdul Razak Baginda admitted to having an affair with Altantuya.)

No this is no conspiracy theory and let us not digress.

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Arina Ong

Arina Ong

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Protection for the Victims of Domestic Violence

stop_domestic_violence

Does anyone know how prevalent is domestic violence? According to Kuala Lumpur Hospital, it has recorded up to 150 domestic violence cases monthly in 2016. More often than not, the victims suffered in silence, not knowing what course of action to take.

In Malaysia, the Domestic Violence Act 1994 (“the Act”) was passed in Parliament in order to fulfill the government’s commitment under the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”) General Recommendation No. 19. The Act came into force on 01.06.1996.

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