JMBs and MCs are statutory bodies representing strata title owners and established to manage and maintain common property of the projects pursuant to the Common Property (Maintenance and Management Act) 2007 (repealed), Strata Management Act 2013 and Strata Titles Act 1985. Their duties and powers include collecting maintenance charges and sinking fund contributions from owners; engaging management, security, insurance, cleaning, technical, parking, landscaping etc services for common property; and dealing with the developer, Commissioner of Buildings, local authorities and Strata Management Tribunals.
- Advising JMBs/MCs on statutory procedures, duties, powers and requirements under the relevant legislations.
- Advising JMBs/MCs on dealings and issues with owners, developers, Commissioners of Buildings and local authorities.
- Advising JMBs/MCs and individuals on Strata Management Tribunal proceedings.
- Pursuing legal proceedings against default owners for unpaid maintenance charges and sinking fund contributions.
- Pursuing and defending legal proceedings by and against third parties. Advising and representing individual owners against JMBs and MCs
- Representing a Management Corporation (previously Joint Management Body) in a claim against, amongst others, the developer and a subsequent purchaser to recover car park bays, centre spaces and hawker stalls as common property, together with damages, interest and costs. The MC contends that these areas are and ought to be common property under the management and ownership of the Management Corporation pursuant to the Building and Common Property (Maintenance and Management) Act 2007 (“”BCPA””). The suit raises novel issues on whether a developer of a commercial development can retain and sell the car park bays despite the BCPA defining car parks as common property, whether the developer’s strata titles are indefeasible and whether the JMB can commence a claim for common property during the period between the establishment of the MC and the convening of the 1st AGM of the MC.
- Representing Joint Management Bodies and Management Corporations in pursuing legal proceedings against default owners for unpaid maintenance charges and sinking fund contributions.”
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The Appellant/Plaintiff is the owner of a residential parcel in a mixed condominium development known as Menara Rajawali. The 1st Respondent/1st Defendant is the joint management body (“JMB”) of Menara Rajawali while the 2nd Respondent/2nd Defendant is the owner of all the car park …