Court rules Kepong condo utility room, 115 parking bays not common property
The Malaysian High Court has ruled in favor of a developer, confirming that a utility room and 115 parking bays in a Kepong condominium are private property rather than common property. The decision dismissed a lawsuit brought by the management corporation and unit owners who sought to reclaim the spaces.
Why it matters
This ruling clarifies property rights and strata title laws, setting a legal precedent for future disputes between developers and residential management bodies.
High Court judge Anand Ponnudurai dismissed two consolidated suits brought by the First Residence Management Corporation and Wong Peng Hung, who represented the 94 residential and commercial unit owners. (Reuters pic)
KUALA LUMPUR: The High Court has ruled that a utility room and 115 parking bays at the First Residence condominium in Kepong belong to their registered owner, rejecting the management corporation's and 94 unit owners' application to have them declared common property.
Justice Anand Ponnudurai dismissed two consolidated suits brought by the First Residence Management Corporation (FRMC) and Wong Peng Hung, who represented the 94 residential and commercial unit owners.
"The inevitable conclusion is that the plaintiffs have failed to prove on a balance of probabilities their various claims against the defendants," Anand said in his 90-page grounds of judgment.
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