Strata Management

111 cases · June 2023 to July 2026

Overview

Strata Management appears in 111 reported Malaysia judgments (2023–2026).

In this practice area

Strata Management collects the disputes arising from the management of subdivided buildings and mixed developments under the Strata Management Act 2013 and the earlier building-maintenance legislation. The judgments concern the powers of management bodies, the levying and recovery of maintenance charges, and the governance of common property. It is among the more recent areas of the corpus, reflecting the growth of strata living.

The management structure is a central subject. Judgments examine the validity of a bifurcated management regime in a mixed development, whether a developer and commercial parcel owners may institute separate management of the commercial parcels, and the consequences where resolutions passed at a first annual general meeting are found ultra vires and void. A related question is whether residential parcel owners who paid charges under impugned resolutions may recover them, and the statutory framework governing common property and the indivisibility of management responsibilities.

Charges and voting rights form a second strand. The collection includes disputes over the rates of maintenance charges imposed on car parks in a mixed commercial development, and the ruling that parcel owners in arrears cannot vote unless their disputed charges are resolved. The role of the Joint Management Body and the Management Corporation, the office of the Commissioner of Buildings, and claims founded on the tort of deceit and on the grant of injunctions also appear.

The cases sit in the High Court and, notably, a substantial group in the Court of Appeal, reflecting the appellate development of this comparatively new statutory area. As a whole the collection shows how the Malaysian courts interpret the Strata Management Act 2013 — allocating responsibility for common property, enforcing maintenance obligations, and testing the validity of the resolutions and structures by which strata communities govern themselves. The appellate attention the area has drawn indicates that its statutory questions are still being settled as strata living continues to expand across the country.

Case Volume by Year

2023–2026

Key Issues & Sub-Topics

Strata Management Tribunal — Maintenance charges — Sinking fund — Management body’s claim — Award for arrears — Leave for judicial review. 1 Liability for maintenance charges and sinking fund contributions — Whether arrears attach to parcel or proprietor — Successor in title under Strata Management Act 2013 ss. 60(4), 61(4). 1 Maintenance charges — Basis of calculation — Whether maintenance charges lawfully imposed on square-foot basis instead of share-unit basis — Whether tribunal award contrary to Strata Management Act 2013 and binding appellate authority — Strata Management Act 2013, ss 8, 21, 23 & 25 1 Joint management body — Statutory powers — Whether joint management body entitled to impose charges beyond statutory mandate — Charges for utilities, quit rent, strata title application, air-conditioning and insurance — Whether tribunal erred in allowing such claims 1 Borang 3 — Accessory parcels — Whether maintenance charges calculated on incorrect number of parcels — Effect of prior Court of Appeal determinations concerning accessory parcels and share units 1 Joint management body — Locus standi — Dissolution of joint management body — Purported first annual general meeting of management corporation immediately challenged — Resolutions restrained by injunction — Commissioner of Buildings appointing external manager — Subsequent consent judgment structuring handover — Whether purported meeting was legally and practically operative to trigger statutory dissolution — Strata Management Act 2013 ss 27 and 28 Strata Management — Parcel proprietors — Common property — Individual parcel proprietors seeking joinder in action concerning defects in common property — Whether statutory position of management corporation excluded joinder—Whether proprietors possessed sufficient direct and beneficial interest—Alleged conflict of interest involving management corporation 1 Strata Management Act 2013 — Section 59 — Management Corporation — Scope of Statutory Duty — Duty to Maintain and Repair — Common Property — Parcel — Distinction between Common Property and Parcel — Legal Characterisation of Structural Elements — Balcony — Roof — Whether Balcony Constitutes Roof — Functional Test vs Legal/Statutory Test — Waterproofing Layer — Inter-floor Leakage — Source of Leakage — Responsibility for Repairs — Allocation of Liability — Form 28 — Strata Management (Maintenance and Management) Regulations 2015 — Inspection and Determination — Technical Report — Evidential Weight — Tribunal Findings — Strata Management Tribunal — Tribunal Award — Compliance with Award — Failure to Rectify — Step-in Powers of Management Corporation — Recovery of Costs — Reimbursement of Repair Costs — Invoice and Proof of Payment — Consequential Relief — Interest on Judgment Sum. 1 Management Corporation — Joint Management Body — Establishment of Management Corporation upon opening of strata register — Whether Management Corporation came into existence by operation of law — Transitional role of Joint Management Body under Strata Management Act 2013 — Whether Joint Management Body automatically dissolved upon establishment of Management Corporation — Whether transitional role may continue indefinitely — Failure to convene 1st AGM for approximately ten years — Whether prolonged delay inconsistent with statutory framework and legislative intent — Statutory objective of transferring management control to purchaser-controlled body — Judicial intervention to compel compliance with statutory scheme — Declaratory and consequential reliefs — Prayer seeking declaration that Joint Management Body unlawful and dissolved refused — Strata Titles Act 1985 — Strata Management Act 2013, ss. 3, 15, 27, 46, 55 & 57 — Palm Spring Joint Management Body & Anor v Muafakat Kekal Sdn Bhd & Anor [2016] 2 MLJ 191. 1 Renovation works — Stop work order — Whether management body justified in preventing renovation works — Tribunal award revoking stop work order — Effect of “without prejudice” proviso — Reliance on local authority correspondence — Whether sufficient evidence of breach — Declaratory and injunctive relief. 1 Joint management body — Claim for outstanding maintenance charges and sinking fund — Liability dependent on ownership of units — Whether defendant registered proprietor. 1 Developer — Meaning of “developer” — Whether confined to party named in certificate of establishment — Functional and purposive interpretation — Project management agreement and powers of attorney conferring full authority — Issuance of vacant possession — Convening first annual general meeting — Holding of maintenance and sinking fund accounts — Whether first defendant fell within definition of “developer” — Strata Management Act 2013, ss 2, 18 1 Mixed development — Maintenance charges — Differential charge rates — JMB period — Limited Common Property — Exclusive use of common facilities — Additional by-laws — Special resolutions — Share units — Proportionate contributions — SiFUS — Budgeting and expenditure — Fair and justifiable proportion — Just and reasonable rates — Ultra vires challenge — Declaratory relief — Distinction from Menara Rajawali — Application of Pearl Suria — Interpretation of SMA 2013 and statutory framework — SPAs and DMCs — Estoppel — Public interest — Locus standi — COB and KPKT guidance — OS dismissed. Provisions referred to: Strata Management Act 2013, ss. 8, 12, 17, 21, 23, 24, 25(3), 32, 52; Strata Management (Maintenance and Management) Regulations 2015, Third Schedule, by-laws 2(1)(a), 4; Housing Development (Control and Licensing) Regulations 1989, Fifth Schedule, Schedule H; Strata Titles (Selangor) Rules 2015, para. 9(4). 1

Strata Management Tribunal — Maintenance charges — Sinking fund — Management body’s claim — Award for arrears — Leave for judicial review. 1 case

ma-25-11-04-2026 YUEN CHEN FAI v 1. ) TRIBUNAL PENGURUSAN STRATA 2. ) PERBADANAN PENGURUSAN HATTEN SQUARE LOT 1348

8 July 2026

Liability for maintenance charges and sinking fund contributions — Whether arrears attach to parcel or proprietor — Successor in title under Strata Management Act 2013 ss. 60(4), 61(4). 1 case

wa-24ncvc-5198-10-2025 PERBADANAN PENGURUSAN MEGAN AVENUE 1 v Harjinder Singh a/l Kuldip Singh

17 June 2026

Joint management body — Statutory powers — Whether joint management body entitled to impose charges beyond statutory mandate — Charges for utilities, quit rent, strata title application, air-conditioning and insurance — Whether tribunal erred in allowing such claims 1 case

ma-25-1-01-2026 TIBIANA PERMAI (M) SDN. BHD. v 1. ) BADAN PENGURUSAN BERSAMA KONDOMINIUM RBC (RIVIERA BAY CONDOMINIUM) 2. ) TRIBUNAL PENGURUSAN STRATA

19 May 2026

Strata Management Act 2013 — Section 59 — Management Corporation — Scope of Statutory Duty — Duty to Maintain and Repair — Common Property — Parcel — Distinction between Common Property and Parcel — Legal Characterisation of Structural Elements — Balcony — Roof — Whether Balcony Constitutes Roof — Functional Test vs Legal/Statutory Test — Waterproofing Layer — Inter-floor Leakage — Source of Leakage — Responsibility for Repairs — Allocation of Liability — Form 28 — Strata Management (Maintenance and Management) Regulations 2015 — Inspection and Determination — Technical Report — Evidential Weight — Tribunal Findings — Strata Management Tribunal — Tribunal Award — Compliance with Award — Failure to Rectify — Step-in Powers of Management Corporation — Recovery of Costs — Reimbursement of Repair Costs — Invoice and Proof of Payment — Consequential Relief — Interest on Judgment Sum. 1 case

ma-24ncvc-407-10-2025 1. ) CHEW CHIN THAI 2. ) TEO GEOK KHUAN v PERBADANAN PENGURUSAN KONDOMINIUM SELAT HORIZON

7 April 2026

Management Corporation — Joint Management Body — Establishment of Management Corporation upon opening of strata register — Whether Management Corporation came into existence by operation of law — Transitional role of Joint Management Body under Strata Management Act 2013 — Whether Joint Management Body automatically dissolved upon establishment of Management Corporation — Whether transitional role may continue indefinitely — Failure to convene 1st AGM for approximately ten years — Whether prolonged delay inconsistent with statutory framework and legislative intent — Statutory objective of transferring management control to purchaser-controlled body — Judicial intervention to compel compliance with statutory scheme — Declaratory and consequential reliefs — Prayer seeking declaration that Joint Management Body unlawful and dissolved refused — Strata Titles Act 1985 — Strata Management Act 2013, ss. 3, 15, 27, 46, 55 & 57 — Palm Spring Joint Management Body & Anor v Muafakat Kekal Sdn Bhd & Anor [2016] 2 MLJ 191. 1 case

wa-24ncvc-5491-11-2025 1. ) CHUEN PUAT CHOOI REALTY SDN BHD 2. ) LIM YEW SEONG @ TAN YEW SEONG v 1. ) MUTIARA JOHAN PROPERTIES SDN BHD 2. ) NICE PROPERTIES SDN BHD 3. ) MUTIARA GENTING JOINT MANAGEMENT BODY

5 April 2026

Renovation works — Stop work order — Whether management body justified in preventing renovation works — Tribunal award revoking stop work order — Effect of “without prejudice” proviso — Reliance on local authority correspondence — Whether sufficient evidence of breach — Declaratory and injunctive relief. 1 case

wa-24ncvc-5168-12-2024 1. ) MASTER YANG 2. ) YAHOO YANG v PERBADANAN PENGURUSAN MONET SPRINGTIME

9 March 2026

Joint management body — Claim for outstanding maintenance charges and sinking fund — Liability dependent on ownership of units — Whether defendant registered proprietor. 1 case

wa-22ncvc-391-06-2024 BADAN PENGURUSAN BERSAMA SAVILLE @ CHERAS v DATO YASMEEN BINTI HAJI MUHAMAD SHARIFF

11 December 2025

Developer — Meaning of “developer” — Whether confined to party named in certificate of establishment — Functional and purposive interpretation — Project management agreement and powers of attorney conferring full authority — Issuance of vacant possession — Convening first annual general meeting — Holding of maintenance and sinking fund accounts — Whether first defendant fell within definition of “developer” — Strata Management Act 2013, ss 2, 18 1 case

wa-24ncvc-4892-12-2024 BADAN PENGURUSAN BERSAMA ARTE PLUS @ JALAN AMPANG v 1. ) AMPANG PROPERTY SDN. BHD. 2. ) N JAYA SDN. BHD.

23 November 2025

Key Statutes

Strata Titles Act 1985 (Cap 318)

cited in 30 cases

Rules of Court 2012

cited in 24 cases

Strata Management Act 2013

cited in 14 cases

National Land Code (Cap 828)

cited in 8 cases

Limitation Act 1953 (Cap 254)

cited in 6 cases

Contracts Act 1950 (Cap 136)

cited in 5 cases

Evidence Act 1950 (Cap 56)

cited in 5 cases

Courts of Judicature Act 1964 (Cap 91)

cited in 3 cases

Federal Constitution

cited in 3 cases

Interpretation Act

cited in 3 cases

Specific Relief Act 1950 (Cap 137)

cited in 2 cases

Evidence Act 1957

cited in 1 case

Evidence Act

cited in 1 case

Strata Title Act 1985

cited in 1 case

Water Services Industry Act 2006

cited in 1 case

Court Distribution

MYHC 97 MYCOA 14

Key People & Firms

How many Strata Management cases are reported in Malaysia courts?

111 reported Malaysia judgments (2023–2026) involve Strata Management.

What statute governs the Strata Management area?

The Strata Management Act 2013, together with the earlier building and common-property maintenance legislation, governs the area. The judgments concern the powers of management bodies, maintenance charges, and the governance of common property in subdivided buildings and mixed developments.

How do the courts treat maintenance charges and voting rights?

The collection includes disputes over the rates of charges imposed on parts of a development such as car parks, and the position that a parcel owner in arrears cannot vote unless the disputed charges are resolved. It also considers whether owners who paid charges under invalid resolutions may recover them.

What happens when management resolutions are found invalid?

Where resolutions passed at an annual general meeting are found ultra vires and void, the judgments consider the consequences for the management regime and for charges levied under them, including the validity of a bifurcated structure separating residential and commercial parcels.