Management corporations must obtain unanimous consent for altering common property, as stipulated in the Strata Titles Act 1985.

[1] There are two appeals before us which were consolidated and heard together by virtue of this Courts order on 25 April 2017. The appeals are as follows:-

(a) Appeal No: C-02(NCVC)(W)-198-01/2017 ("Appeal 198"), appeal by Dato Manokaran Veraya, who was the plaintiff in the High Court; and

(b) Appeal No: C-02(NCVC)(W)-393-04/2017 ("Appeal 393"), appeal by Perbadanan Pengurusan Apartmen Kayangan who was the 3rd Defendant in the High Court.

[2] For ease of reference, parties will be referred to as they were in the High Court ie Dato Manokaran Veraya as the Plaintiff and Perbadanan Pengurusan Apartmen Kayangan as the 3rd Defendant.

[3] The consolidated appeals emanate from the High Courts decision given on 13 December 2016. Appeal 198 is an appeal by the Plaintiff against the High Courts decision in dismissing the Plaintiffs claim against the 3rd Defendant for nuisance, and allowing the 3rd Defendants counter-claim for the outstanding maintenance charges in the sum of RM 56,578.79. As for Appeal 393, it is an appeal by the 3rd Defendant against the High Courts order that the existing Common Area Construction be demolished and removed permanently.