STRATA TITLES

ZEN ESTATES SDN BHD v. BADAN PENGURUSAN BERSAMA SUBANG PARKHOMES [2025] 5 CLJ 872 (Court of Appeal)

Case Digest :

The developer has a bounden duty to ensure that the requisite maintenance fees and sinking fund charges are billed and collected. It cannot be the intention of the law that a developer can, at its own whims and fancies, omit and write off any portion of the maintenance fees and sinking fund charges. Such an arbitrary discretion directly transgresses and is ultra vires the statutory duty to collect, pursuant to s. 9(3) of the Strata Management Act 2013. If a developer decides to omit any portion of maintenance fees and sinking fund charges owed by the purchasers, then the developer must absorb the omitted sum and become personally liable to pay the said omitted sum on behalf of the purchasers.

IDEAL CITY DEVELOPMENT SDN BHD v. TRIBUNAL PENGURUSAN STRATA PUTRAJAYA, WILAYAH PERSEKUTUAN & ANOR [2025] 5 CLJ 20 (Court of Appeal)

Case Digest :

The Strata Management Act 2013 does not accord any right to an individual parcel owner to obtain certain documents and information from the developer and, flowing from that, the Strata Management Tribunal (Tribunal) does not have the jurisdiction to order the same in an award. Furthermore, and in any event, when the documents sought by the individual parcel owner had already been handed over to the joint management body (JMB), under s. 15 of the SMA 2013, it is wrong for such individual parcel owner to make such claim against the developer instead of the JMB before the Tribunal.

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