Strata Management Case Update 5 – Can a JMB/ MC deactivate access cards?

MOK SIOU MIN v. HAMPSHIRE RESIDENCES MANAGEMENT CORPORATION & ORS [2018] 1 LNS 333 The facts are rather simple. The Plaintiff commenced this action against the Defendants, (MC and the Management Committee members) for nuisance and deactivation of the access cards. On 8.5.2011, an explosion occurred at Hamshire Park Condominium which caused damages to certain units . . .

[Exclusive] Loob (Tealive)’s stay application dismissed 15 mins ago. Must it NOW close its outlets?

We reported the decision of the Court of Appeal on 27.6.2018 almost just right after decision was delivered in the Court of Appeal. Written grounds were made available here. A motion was then filed in the Court of Appeal for stay. That essentially is to stay the decision of the Court of Appeal to allow . . .

[Exclusive] Actual Charge Sheet of PP v Najib Bin Hj Abd Razak

We have obtained a copy of the actual charge sheet of PP v Najib when our ex-PM was charged in the court this morning. The actual charge sheets read 4 different charges: (a) 1 under Section 23 Malaysian Anti-Corruption Commission Act 2009; (b) 3 separate charges under Section 409 Penal Code (5, 27 and 10 . . .

Court of Appeal rules in favour of Chatime in Tealive dispute. Could Tealive have to close down?

[First to Report] On 23.2.2017 we wrote about La-Kaffas version as pleaded in the court proceedings. See Bubble Tea War (CHATIME v TEALIVE): La Kaffa’s version On 29.5.2017, the High Court Judge, Wong Kian Kheong JC dismissed the injunction filed by La Kaffa and La Kaffa (Chatime) appealed to the Court of Appeal (“Appeal 1261”). Loob . . .

Strata Management Case Update 4 – Is assignment required for liquidator to collect maintenance charges? Does SMA have retrospective effect?

BADAN PENGURUSAN BERSAMA KOMPLEKS PANDAN SAFARI LAGOON v. TAM CHENG MENG [2018] 1 LNS 223 This is an appeal by the Appellant/Plaintiff who is the joint management body (“JMB“) of Kompleks Pandan Safari Lagoon against the decision of the learned Magistrate in its suit against the Respondent/Defendant. The Defendant is a parcel owner. The Developer was wound up on . . .

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 . . .

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 . . .

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. . . .

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 . . .

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 . . .

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