Professional Documents
Culture Documents
769
Facts
The Respondent (the Plaintiff) was established as the management corporation of Pantai
Towers. Originally Metroplex owned a total of 30 condominium units of Pantai Towers and
incurred management fees in respect of those 30 units. The management corporation filed a
suit to claim RM 159,146.23 being the outstanding management fees from October 2007 to
December 2008.Well before that, Metroplex had been wound up on 1 August 2008 and the
management fees remain unpaid. Prior to winding up of Metroplex, Brightvite acquired 5 of
the condominium units whereas the remaining 25 units were sold to Benchmark on 14 April
2013 by an order of High Court.
Issue
Whether Brightvite and Benchmark are responsible for, or liable to pay, the outstanding
management fees for their respective units prior to their acquisition of those units from
Metroplex?
4. The court affirmed the decision by high court, in which both Brightvite and Benchmark
were liable for the full management fees, included arrears of management fees that had
accrued due prior to their acquisition and dismissed the appeal.
The Subsequent purchasers refused to pay maintenance charge for the period prior to vacant
possession. The court held that section 45(5) allows the Plaintiff to recover outstanding levied
under section 45(3) from either a proprietor or his successtor-in-title. This judgement was
followed by De Tropicana Management Corporation v. South Malaysia Industries Bhd
[2014] 1 LNS 364.
2. Andrew Loh & Anor v Management Corporation Strata Title No. 082 [1987] 1 MLJ
102 (Singapore case)
The sale to the new owners was completed on a certain date and transfer registered
subsequently some 7 months later. The court held that the new owners were subsidiary
proprietors and liable to pay outstanding maintenance charges by virtue of section 34(7) (in
pari materia with malaysian’s section 45(5) of the Strata Title Act 1985.
*Section 45 of Strata Title Act has been deleted by Strata Titles (Amendment) Act 2013,
which is in force from 1 June 2015.
High Court Case: Harvinder Kaur Gujjar Singh v Joint Management Body Perdana
View & Anor [2017] 1 LNS 421
Issue:
1. What is the statutory duty of Joint Management Body?
2. Whether the Plaintiff has established any evidence of damage?