CHEE WOOI CHI v 1. ) BADAN PENGURUSAN BERSAMA KONDOMINIUM RBC (Riviera Bay Condominium) 2. ) TRIBUNAL PENGURUSAN STRATA
Catchwords
Building and Common Property (Maintenance and Management) Act 2007 ("BCPA"), Strata Management Act 2103 ("SMA") and Strata Management (Maintenance and Management) Regulations 2015 ("Regulations") - Order 53 Rules of Court 2012 - Application for judicial review against decision of Tribunal which ordered the Applicant to pay RM59,037.51 being outstanding maintenance charges, sinking fund charges, utilities charges and insurance charges - Application seeks order of certiorari against the decision of the Tribunal. Applicant claims that the decision of the Tribunal was wrong on the following main issues: (i) failure of the 1st Respondent as the Joint Management Body ("JMB") to charge maintenance charges in accordance with allocated share units but instead on square foot basis; (ii) error in stating the correct number of parcels in Form 3 of the Regulations; and (iii) unlawful collection of charges. 1st Respondent claims: (i) the decision to impose maintenance charges on square foot basis was approved by the AGM after the developer had gone into liquidation and no surveyor was appointed to issue allocated share units as stated in section 2 of BCPA - the decision was made since the 1st Respondent was not empowered under the BCPA to issue share units unlike the SMA; (ii) the information contained in Form 3 was correct based on the decision of the High Court but was later set aside by the Court of Appeal - the 1st respondent held the view that they were not empowered under the law to amend Form 3 despite the decision of the Court of Appeal in deciding that 22 other units were parcels held under strata title and not common property; and (iii) the collection of utility and insurance charges are within the powers of the JMB Finding: (i) the collection of maintenance charges on square foot basis was illegal - the JMB was not without avenue to refer the matter to the Commissioner of Buildings for directions and to seek consent to issue allocated share units; (ii) the JMB was wrong in not updating the information in Form 3 of the Regulations - although the law is silent on the issue, the duty to update Form 3 is part of the JMB's duties under section 8 (2) (g) of the BCPA; and (iii) the collection utility and insurance charges contravened the provisions of the BCPA and SMA. Held: Application for certiorari allowed with costs.
Practice Areas
Building and Common Property (Maintenance and Management) Act 2007 ("BCPA"), Strata Management Act 2103 ("SMA") and Strata Management (Maintenance and Management) Regulations 2015 ("Regulations") Applicant claims that the decision of the Tribunal was wrong on the following main issues: (i) failure of the 1st Respondent as the Joint Management Body ("JMB") to charge maintenance charges in accordance with allocated share units but instead on square foot basis; (ii) error in stating the correct number of parcels in Form 3 of the Regulations; and (iii) unlawful collection of charges. 1st Respondent claims: (i) the decision to impose maintenance charges on square foot basis was approved by the AGM after the developer had gone into liquidation and no surveyor was appointed to issue allocated share units as stated in section 2 of BCPA Finding: (i) the collection of maintenance charges on square foot basis was illegal Held: Application for certiorari allowed with costs.
Judges (1)
Case Significance
CHEE WOOI CHI v 1. ) BADAN PENGURUSAN BERSAMA KONDOMINIUM RBC (Riviera Bay Co... is a High Court (Mahkamah Tinggi) decision dated March 24, 2025 (citation: ma-25-14-09-2023). The case was decided by Mohd Radzi bin Abdul Hamid.
Key issues: Held: Application for certiorari allowed with costs..
What was the outcome of CHEE WOOI CHI v 1. ) BADAN PENGURUSAN BERSAMA KONDOMINIUM RBC (Riviera Bay Co...?
CHEE WOOI CHI v 1. ) BADAN PENGURUSAN BERSAMA KONDOMINIUM RBC (Riviera Bay Co... is a High Court decision dated March 24, 2025. The case was heard by Mohd Radzi bin Abdul Hamid. See the full judgment for details.