Malaysia: Court of Appeal invalidates By-law authorising Management Corporation to recover Legal Expenses against Co-Proprietors of Strata Property

/ Owner - February 11, 2025

On 23 August 2023, we published a case note on Yong Kein Sin & Anor v Perbadanan Pengurusan Springtide Residences [2023] 5 AMR 449, wherein the High Court held, inter alia, that a by-law passed by the management corporation (“MC”) of a strata development authorising the MC to recover costs, fees and expenses incurred in enforcing any by-law against a parcel proprietor or occupier who is in breach of the same, or in defending any legal suits brought by a parcel proprietor or occupier, is valid and enforceable (“said by-law”). Our case note on the High Court’s decision can be accessed here.  Read the article…………………………….

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