Malaysia: Apex court rules that maintenance charges owed by parcel proprietors constitute unsecured debts

/ Owner - August 11, 2020

As a statutory creature under the Strata Titles Act 1985,(1) a management corporation (MC) is tasked to maintain and manage subdivided buildings and their common properties, such as common facilities, in a good state. An MC may impose and collect maintenance charges from the parcel proprietors of subdivided buildings in accordance with the Strata Management Act 2013.(2) As Section 77 of the Strata Management Act further provides that the amount due to an MC is a ‘guaranteed sum’, issues arise as to whether an MC is a secured creditor in the event that a parcel proprietor is insolvent and wound up. This question was answered in Dubon Bhd v Wisma Cosway Management Corporation,(3) where the Federal Court decided that the outstanding amount due to an MC is an unsecured debt.      Read the article………………………………

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