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and maintain common property of the projects pursuant to the Common Property (Maintenance and Management Act) 2007 (repealed), Strata Management Act 2013 and Strata Titles Act 1985.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
- Acting for a parcel owner of Menara Rajawali for declarations that a joint management body shall determine only one single rate of maintenance charges for different types of parcels at the Court of Appeal and Federal Court, as reported in the case of Muhamad Nazri Bin Muhamad v JMB Menara Rajawali & Anor.
- Acting for the JMB of a mixed strata development in Petaling Jaya for orders to correct the allocation of share units to each parcel, for recovery of common property from the developer, to shut down the internal sewage treatment plant and to channel the waste to the public sewer.
- Acting for the MC of a residential strata development in Genting Highlands for orders to handover the sinking fund collected by the developer, to rectify the sewage treatment plant to meet the requirements of Indah Water Konsortium and to handover the sewage treatment plant to Indah Water Konsortium and to claim for the costs of rectifying the building’s fire protection services.
- Acting for the JMB and MC of a commercial strata development in Petaling Jaya for recovery of common property against the developer.
- Acting for parcel owners to oppose judicial review applications commenced by an MC of a commercial strata development in Subang Jaya arising from Strata Management Tribunal awards.
- Acting for parcel owners of a mixed strata development in Petaling Jaya for declarations that a JMB shall determine only one single rate of maintenance charges for different types of parcels.
- Acting for parcel owners of a commercial strata development in Subang Jaya for declarations that an MC shall determine only one single rate of maintenance charges for different types of parcels.
- Acting for the developer of a commercial strata development in Petaling Jaya (which is also an owner of multiple parcels) to oppose a claim by the MC in respect of alleged outstanding maintenance charges and common property electricity expenses;
- Acting for a parcel owner to oppose a claim commenced by an MC of a landed residential strata development in Kota Damansara in respect of alleged trespass.
- Advising an MC of a commercial strata development in the KL Sentral area on pursuing legal proceedings to amend the “type of parcel” of certain parcels from “perniagaan” to “pejabat” so as to lower the weightage factor (WF1) in the calculation and allocation of the said parcels’ share units.
- Advising a developer of residential strata developments in the Bukit Tunku, Kuala Lumpur area on legal implications and issues in respect of maintenance and management which may arise as a result of the amalgamation of two master titles.
- Advising a developer of a residential strata development in Johor Bahru in dealing with a Strata Management Tribunal claim commenced by the JMB with regard to the rectification of common property defects and the Common Property Defects Account procedure under the Strata Management (Strata Management Tribunal) Regulations 2015.
- Acting for JMBs and MCs to pursue legal proceedings against defaulting owners for outstanding maintenance charges and sinking fund contributions.
- Advising JMBs and MCs on the convening of AGMs and EGMs.
- Advising JMBs, MCs, developers and individual owners on Strata Management Tribunal proceedings.
- Representing JMBs and MCs in legal proceedings involving defamation and land acquisition.
Reviews & Testimonials
- “I engaged MahWengKwai & Associates to represent me after I received a letter of demand claiming for alleged damages due to an inter-floor leakage in a strata development in Petaling Jaya. Mr John Chan attended to my case and advised me on my rights and defences against the alleged claim. In a short span of time, MWKA successfully negotiated and achieved a favourable settlement with the claimant on my behalf. MWKA’s fees were very reasonable as well. Thank you.” – Ms CC, Kuala Lumpur
- “I am very pleased with the guidance John Chan has provided to me in my reasonably complex case in the Strata Management Tribunal. His guidance covered procedural and all legal matters. He brought out many points and arguments that I had ignored as it did not come to my mind at all. His responses were prompt, timely, comprehensive, and pertinent to the questions and situation I was facing. I understood and acted upon his suggestions very well even though I do not have any legal background. He guided me at every step of the way. I am grateful that I was able to use his services for this case. I recommend him highly to anyone having a complex strata management tribunal case, without any reservations or hesitations. Thank you, John.” – Anil Rastogi, Putrajaya
- “I am very satisfied with MahWengKwai & Associates’ services, in particular, Mr John Chan. He was professional and knowledgeable in advising my company on a strata management issue. The advice given was on point and we are satisfied with the outcome. Thank you.” – Ms Chan, Casa Andaman Sdn Bhd, Kuala Lumpur
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