Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Separation of Properties and Common Property: The Strata Titles Act 1985 and the Strata Management Act 2013 distinguish between individual parcels (units) and common property. Common property includes areas like corridors, staircases, lobbies, and shared facilities that serve all parcel owners ["
PERBADANAN PENGURUSAN ARA AMPANG vs PENTADBIR TANAH DAERAH HULU LANGAT - High Court
"], ["PERBADANAN PENGURUSAN APARTMENT SEA PARK & ORS vs SEA HOUSING CORPORATION SDN BHD & ORS - High Court
"]. The law emphasizes that common property is collectively owned and managed by the management corporation, and it is generally not subdivided for individual insurance unless explicitly separated or designated as accessory parcels ["BADAN PENGURUSAN BERSAMA GURNEY PARAGON RESIDENTIAL vs HUNZA PROPERTIES (GURNEY) SDN BHD & ORS - High Court
"], ["CASA VENICIA JOINT MANAGEMENT BODY vs IDEAL HEIGHTS PROPERTIES SDN BHD & ANOR - High Court
"].Management and Maintenance Responsibilities: Under the Strata Management Act 2013, the management corporation is responsible for maintaining the entire development, including common properties, and can impose maintenance fees proportionate to share units ["
PERBADANAN PENGURUSAN APARTMENT SEA PARK & ORS vs SEA HOUSING CORPORATION SDN BHD & ORS - High Court
"], ["CBAL SDN BHD vs MENARA SAFUAN JOINT MANAGEMENT BODY - High Court Malaya Kuala Lumpur
"]. The Act does not explicitly specify that different blocks built on the same superstructure can be insured separately; rather, the management of common property is centralized, and all parcel owners contribute collectively ["PERBADANAN PENGURUSAN APARTMENT SEA PARK & ORS vs SEA HOUSING CORPORATION SDN BHD & ORS - High Court
"], ["SCP ASSETS SDN BHD vs PERBADANAN PENGURUSAN PD2 - High Court
"].Legal Precedents and Court Rulings: Courts have clarified that common properties are owned and managed collectively by the management corporation, and their subdivision for separate insurance is not inherently provided unless the property is designated as accessory parcels or separate strata titles are issued ["
PERBADANAN PENGURUSAN ARA AMPANG vs PENTADBIR TANAH DAERAH HULU LANGAT - High Court
"], ["BADAN PENGURUSAN BERSAMA GURNEY PARAGON RESIDENTIAL vs HUNZA PROPERTIES (GURNEY) SDN BHD & ORS - High Court
"]. For example, in Malaysia Land Properties Sdn Bhd v. Waldorf & Windsor Joint Management Body, the court noted that the management body manages all common property collectively ["PERBADANAN PENGURUSAN ARA AMPANG vs PENTADBIR TANAH DAERAH HULU LANGAT - High Court
"].Implication for Separate Insurance: Since the law and case law focus on collective ownership and management, two blocks built on the same superstructure generally cannot be insured separately under the Strata Management Act unless they are legally recognized as separate parcels with individual strata titles or designated accessory parcels with separate management and ownership rights ["
BADAN PENGURUSAN BERSAMA GURNEY PARAGON RESIDENTIAL vs HUNZA PROPERTIES (GURNEY) SDN BHD & ORS - High Court
"], ["PERBADANAN PENGURUSAN APARTMENT SEA PARK & ORS vs SEA HOUSING CORPORATION SDN BHD & ORS - High Court
"].In summary:Under the Strata Management Act, two blocks of strata properties built on the same superstructure cannot normally be insured separately unless they are legally recognized as separate parcels or accessory parcels with distinct titles and management arrangements ["
PERBADANAN PENGURUSAN APARTMENT SEA PARK & ORS vs SEA HOUSING CORPORATION SDN BHD & ORS - High Court
"], ["BADAN PENGURUSAN BERSAMA GURNEY PARAGON RESIDENTIAL vs HUNZA PROPERTIES (GURNEY) SDN BHD & ORS - High Court
"].
In Malaysia's bustling property market, strata developments are commonplace, especially in urban areas where land is scarce. Property owners often face complex questions about managing shared spaces, maintenance, and insurance. A common query arises: can 2 blocks of strata properties built on the same superstructure be insured separately under the (SMA)? This issue touches on the definition of a , , and the statutory duties of management bodies.
This article breaks down the legal framework, drawing from key court judgments and statutory provisions. Note that this is general information based on available case law and should not be taken as specific legal advice—consult a qualified lawyer for your situation.
Strata properties refer to multi-unit developments like condominiums or apartments where individual units are owned separately, but common areas are shared. The () and (STA) govern these schemes.
A superstructure typically means the overall building framework, including foundations, columns, and shared structural elements supporting multiple blocks. When two blocks share the same superstructure, they are often considered part of a single . This has implications for management, maintenance, and insurance.
Under the SMA, a (JMB) or (MC) oversees the entire development. Separate insurance for individual blocks could undermine this collective responsibility, especially if the superstructure qualifies as .
mandates that the MC or JMB insure the , including the building and , against fire and other risks. This insurance is typically funded through and contributions, apportioned by , not square footage.
Under the law, and require that and contributions be calculated strictly in proportion to the allocated.
Courts have emphasized that deviations from share unit apportionment are unlawful.
In one case, a JMB's attempt to charge based on square feet was deemed illegal, as it violated SMA Sections 21, 25, 60(3), and 61(3).
Applying this to insurance: If two blocks share a superstructure, insuring them separately may not align with the SMA's requirement for unified coverage of the . The superstructure likely falls under , necessitating joint insurance by the management body.
Malaysian courts have clarified boundaries of in multi-block developments, which directly impacts insurance feasibility.
In a landmark ruling, the court held that a clubhouse was not , even within a , as the did not designate it as such.
STA, there was no need for the to set out the in the development.
The developer retained title to the clubhouse land, and redevelopment plans were restricted via to protect parcel owners' rights. The JMB had under to pursue claims.
This suggests that distinct elements (like a clubhouse) can be excluded from . However, a shared superstructure—essential to both blocks—is harder to segregate, likely remaining common and requiring collective insurance.
Maintenance disputes reinforce unified management:- Charges must follow , not ad-hoc methods.
- Pre-2015, rates like RM0.31/ft² were limited to preliminary periods under .
- SPAs lacking descriptors bar maintenance claims without a .
The court ruled that misrepresentation regarding property titles constitutes a breach of contract and invalidates claims for without a deed.
For insurance, similar logic applies: Separate policies could be seen as if they fragment responsibilities meant for the MC/JMB.
Attempting separate insurance raises issues:1. Risk Coverage Gaps: The superstructure's insurance might overlap or leave gaps, exposing owners to disputes.2. Statutory Non-Compliance: SMA prioritizes development-wide insurance. Courts dismiss claims based on illegal acts, like improper charge calculations.
3. and Disputes: Only the MC/JMB can typically insure/act on . Individual block owners lack standing.
In practice, developers or MCs insure the entire structure. If blocks are registered as separate strata schemes, separate insurance may be possible—but shared superstructures rarely allow this without subdividing titles, which courts scrutinize.
Courts address developer misrepresentations:- Misleading claims about don't always invalidate titles but trigger equitable remedies.
- Fraudulent title claims must be substantiated.
Owners questioning shared insurance should review SPAs and strata plans. If the superstructure is ambiguously defined, might prevent fragmentation.
Generally, two blocks on the same superstructure form one , making separate insurance under the SMA unlikely without clear title segregation. Courts prioritize unified management of , as seen in rulings on clubhouses, charges, and estoppel.
Key Takeaways:- Insurance is a MC/JMB duty for the entire development.- , like superstructures, demands collective coverage.- Improper apportionment risks court dismissal.
- Always verify with strata documents and professionals.
For tailored advice, contact a strata law specialist. Stay informed to protect your investment in Malaysia's property landscape.
#StrataLaw #MalaysiaProperty #StrataInsurance
JUDGMENT Elaine Yap Chin Gaik JC: Introduction STA , there was no need for the strata plan to set out the common property in the development. Distinguishing Malaysia Land Properties Sdn Bhd v. ... the proceedings may be taken: (A) in the case of paragraph (2)(a), by oragainst the joint management body or management corporation; ... ... property of the strata development.
Building and Common Property (Maintenance and Management) Act 2007 (Act 663), the STA (Act 318) and Strata Management Act 2013 (Act 757). ... properties and therefore it cannot be transferred from the hands of a Management Corporation to a private third party due to public policy. ... The application for sub division of the 6 blocks on the 6 lots was made on 18 October 1996 and was approved on 3....
Strata Management Act 2013 [Act 757], the plaintiff is responsible for maintaining Menara Safuan and may determine the maintenance fees payable by unit owners.
Strata Management Act 2013 [Act 757], the plaintiff is responsible for maintaining Menara Safuan and may determine the maintenance fees payable by unit owners.
Act 2007, the Strata Management Act 2013, and the Strata Titles Act 1985, and therefore unlawful, null, and void? ... [22] Under the law, s 36(c) of the Strata Titles Act 1985 and s 59(2)(a) of the Strata Management Act 2013 require that maintenance charges and sinking fund contributions be calculated strictly in proportion to the share units allocated. ... [71] No mention of t....
Building and Common Property (Maintenance and Management) Act 2007 (JMB Act) and s 19 of the Strata Management Act 2013 , (' Strata Management Act 2013 when both Sale and Purchase Agreements entered by P did not provide for it? If it could, then should the 1st defendant indemnify P by paying for it? ... (2) Whether pursuant to the SPAs dated 16 January 2007 both units purchased by P do not have "common ....
: see s 39(3) of the Strata Titles Act 1985 and s 20 of the Strata Management Act 2013, Lionel Yew Wei Ming & Anor v. ... of all common property in the strata development: see s 42(1) of the Strata Titles Act, s 17(3) of the Strata Titles (Amendment) Act 2013 (Act A1450) Court of Appeal's decision in Malaysia Land Properties Sdn Bhd v. ... a certified strata pla....
Blocks which had common properties. ... of the Strata Management Act 2013, ('SMA') under which the failure of D2 to make the said determination is tantamount to a breach of its statutory obligation. ... (2) Whether pursuant to the SPAs dated 16 January 2007 both units purchased by P do not have "common properties" appurtenant to them? ... (6) Whether the 2nd defendant could collect maintenance under the Strata Management #HL_START....
STA , there was no need for the strata plan to set out the common property in the development. Distinguishing Malaysia Land Properties Sdn Bhd v. Waldorf & Windsor Joint Management Body a href="./.. ... the proceedings may be taken: (A) in the case of paragraph (2)(a), by oragainst the joint management body or management corporation; ... ... Order that contravened the Kuala Lumpur Structure Plan had no capacity to commence judicial review proceedings to quash it.
Strata Management Act 2013 [53] Before 1 June 2015, the maintenance of a management fund by a management corporation was governed under the Strata Titles Act 1985 . ... The rate of RM0.31/ft² previously fixed cannot be charged, because this rate would only be applicable in respect of the preliminary management period, in accordance with s 52(2) of the Strata Management Act 2013....
The debt legislation in the various provinces has not, admittedly, been able to touch even the fringe of the problem. On the other hand, the debt represents accumulations of decades. “The boom can hardly be said to have benefited that strata. The money-lender in the country dominates more in that strata of the agricultural population which is relatively worse off.”
This communication also shows that he communicated his unwillingness to execute the work of excavation below the existing level. Trial Court itself has paragraph 71 of its judgment accepted that work in hard strata can not start till soft strata work is complete. may be soft strata while remaining 60000 cums., was hard strata. Evidence and material clearly establishes his failure to prove any such entitlement. He also did not produce any measurements maintained by him. We therefor find that Trial Court erred in holding that this 8000 cum work was in fact i....
Plant/machinery as detailed in SCHEDULE I to this Agreement. Super structures built on the said land including factory and office blocks.
In the reply, conclusions and opinions of the experts of VJTI and IISC and opinion of Expert Committee of GWSSB were extensively referred and a request was made to withdraw the notice dated 23.08.2004 and to resolve the matter in the spirit of mutually agreed and accepted Mom dated 15.04.2004. 2 while selecting the site certain aspects were not taken into consideration viz. structure and strata of the soil and its load bearing capacity.
There was no reference whatsoever to soft strata, but the appellant has relied upon, for that purpose, on District Scheduled Rates (D.S.R.). There was a classification in strata and the payment could only be made according to the hard strata and soft strata. The appellant/defendant emphasized that the respondent/plaintiff could not demand the rate for hard strata. It must be stated here that for hard strata, the rate was Rs. 30/- per cubic metre.
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