CATEGORY

Case Updates

Amendments to Strata Management Act 2013 (“SMA 2013”)- THE GUIDING PRINCIPLES AND PROCEDURES TO SMA 2013 AMENDMENT – (Article 2)

Lai Chee Hoe, being appointed as the internal advisor to the Jabatan Perumahan Negara, Ministry of Housing and Local Government, is contributing a series of articles on the . . .

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STRATA MANAGEMENT SERIES 4 of 2024: HOW TO DEAL WITH THE LATEST KEY ISSUES FACED BY DEVELOPERS, JOINT MANAGEMENT COMMITTEE AND MANAGEMENT COMMITTEE

Date:  14 NOVEMBER 2024 (Thursday) Venue: Concorde Hotel Kuala Lumpur Organiser: Logic Plus Events Strategic Partners: Chee Hoe & Associates; BurgieLaw, Lexscout *BOVAEP / LPPEH: 5 CPD HOURS APPLIED This 1-day intensive seminar . . .

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Should a JMB / MC include a private motion into the agenda of the imminent general meeting fixed (or at the next AGM)?

Tropicana Macalister Avenue (Penang) Sdn Bhd v Badan Pengurusan Bersama Tropicana 218 Macalister [2023] CLJU 1554 affirmed in the Court of Appeal in the reported case of [2023] . . .

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Can the JMB claim against those areas (which were originally common property) sold as parcels by developer and declare them as common property

PJ Centrestage JMB v Shah Alam High Court Civil Suit No. BA-22C-30-05/2017 (Grounds of Judgment dated 19 February 2024) Facts: The Plaintiff is a Joint Management Body (JMB) . . .

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LIMITED POWERS OF JMB AND MC: JMB AND MC HAVE NO STANDING (LOCUS STANDI) TO FILE JUDICIAL REVIEW OTHER THAN FOR MATTERS WITH RESPECT TO COMMON PROPERTY

CASE UPDATE: DATUK BANDAR KUALA LUMPUR V. PERBADANAN PENGURUSAN TRELLISES & ORS AND OTHER APPEALS [2023] 5 CLJ 167 FACTS: This case relates to Taman Rimba Kiara, a . . .

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Federal Court: The Court does not have power to injunct the convening of a statutorily requisite annual general meeting (AGM)

Case update: Federal Court affirms the Court of Appeal ruling in Pengurusan Perbadanan Jaya One v Tetap Tiara Sdn Bhd (3 motions for leave) On 12.12.2023, the Federal . . .

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Court of Appeal : Management Corporation Can Impose Different Rates of Charges

CASE UPDATE: PEARL SURIA MANAGEMENT CORPORATION v YII SING CHIU & 2 ORS (Court of Appeal, Civil Appeal No: W-02(NCVC)(A)-1389-07/2022) & AIKBEE TIMBERS SDN BHD & ANOR v . . .

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Can a Parcel Owner seek Restitution and Injunction against JMB and PMC for want of license?

CASE UPDATE: PAU BOON LEONG v JOINT MANAGEMENT BODY OF DATARAN PRESTIJ & ANOR [unreported] FACTS: A parcel owner brought an action via originating summons [“OS”] against the . . .

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Can MC, MC Members And PMC Be Held Liable For Defamation Due To Publication Of Wrong List Of Defaulters? (Part II)

CASE UPDATE: WONG MING & ANOR v. MEGAN AVENUE II MANAGEMENT CORPORATION & ORS (Court of Appeal, Civil Appeal No: W-02(NCVC)(W)-2-01/2022) We have previously written on the Megan . . .

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Can Management Corporation Impose Different Rates of Charges within a Residential Component?

CASE UPDATE: YONG KEIN SIN & ANOR v. PERBADANAN PENGURUSAN SPRINGTIDE RESIDENCES [2023] 1 LNS 558 FACTS The Plaintiffs, as the registered proprietors sought declaratory reliefs and orders . . .

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