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1 DALAM MAHKAMAH TINGGI MALAYA DI KUALA LUMPUR (BAHAGIAN SIVIL) GUAMAN SIVIL NO.: WA-22NCVC-101-02/2025 (SAMAN PEMULA NO.: WA-24NCVC-510-02/2024)
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WA-22NCvC-101-02/2025
High Court of Malaysia14 Oct 2025
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“5. The Defendant is the Joint Management Body (JMB) established under the Strata Management Act 2013 (“the Act”) for the Development.”
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1 DALAM MAHKAMAH TINGGI MALAYA DI KUALA LUMPUR (BAHAGIAN SIVIL) GUAMAN SIVIL NO.: WA-22NCVC-101-02/2025 (SAMAN PEMULA NO.: WA-24NCVC-510-02/2024)
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CITY PROPERTIES SDN BHD [NO. SYARIKAT: 16234-T]
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KL LANDMARK SDN BHD [NO. SYARIKAT: 621691-M]
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LEONG LI NAR REALTY SDN BHD [NO. SYARIKAT: 144327-T]
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ANNE YAP SIM EE [NO. K/P: 800710-14-5534]
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LEONG LI NAR [NO. K/P: 451010-13-5164]
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M B PROPERTIES SDN BHD [NO. SYARIKAT: 198101012611 (78741-U)]
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YAP YONG SEONG REALTY SDN BHD [NO. SYARIKAT: 32432-M] 06/11/2025 16:46:19 WA-22NCvC-101-02/2025 Kand. 178 S/N lLn0A7ahUkCzvxcyCyoRIQ
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AMPLE PARAMOUNT SDN BHD [NO. SYARIKAT: 599528-P] … PLAINTIF-PLAINTIF DAN BADAN PENGURUSAN BERSAMA AVENUE K DAN K RESIDENCE [NO. JMB: 965/2018] … DEFENDAN
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The Plaintiff’s claim against the Defendant was for a Declaration that the 3 AGM’s conducted by the Defendant were invalid as the Plaintiff’s right to vote at the AGMs were breached when they were not allowed to vote.
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The Court ruled that the claim involved determination of a legal issue which could be determined by legal arguments. The Court therefore directed the parties under Order 33 of the Rules of Court 2012 (“the Rules”) to submit on the validity of the 3 AGMs in the light of the Plaintiffs being prevented from voting.
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Order 33 of the Rules stipulates as follows: S/N lLn0A7ahUkCzvxcyCyoRIQ
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Mode of trial (O. 33 r. 1) Subject to the provisions of these Rules, a cause or matter, or any question or issue arising therein, may be tried before a Judge or Registrar, with or without the assistance of assessors.
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Time of trial of questions or issues (O. 33 r. 2) The Court may order any question or issue arising in a cause or matter, whether of fact or law or partly of fact and partly of law, and whether raised by the pleadings or otherwise, to be tried before, at or after the trial of the cause or matter, and may give directions as to the manner in which the question or issue shall be stated.
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Determining mode of trial (O. 33 r. 3)
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In every action begun by writ, an order made at the pre-trial case management shall determine the mode of trial; and any such order may be varied by a subsequent order of the Court made at or before the trial.
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In any such action, different questions or issues may be ordered to be tried by different modes of trial and one or more questions or issues may be ordered to be tried before the others.
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Trial with assistance of assessors (O. 33 r. 4) S/N lLn0A7ahUkCzvxcyCyoRIQ
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A trial of a cause or matter with the assistance of assessors shall take place in such manner and on such terms as the Court may direct.
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The assessor shall assist the Court in dealing with a matter in which the assessor has skill and experience.
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An assessor shall take such part in the proceedings as the Court may direct.
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The Court will, not less than fourteen days before appointing an assessor, notify each party in writing of the name of the proposed assessor and of the qualifications of the assessor.
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Where any person has been proposed for appointment as an assessor, any objection against him, either personally or in respect of his qualification, may be taken by any party.
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Any such objection shall be made in writing and filed with the Court within seven days of receipt of the notification referred to in paragraph (4) and shall be taken into account by the Court in deciding whether or not to make the appointment. S/N lLn0A7ahUkCzvxcyCyoRIQ
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The remuneration to be paid to the assessor for his services shall be determined by the Court, and shall form part of the costs of the proceedings
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The Court may order any party to deposit into Court a specified sum in respect of the assessor's fees and, where it does so, the assessor will not be asked to act until the sum has been deposited.
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Paragraphs
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and
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shall have no application where the remuneration of the assessor is to be paid out of moneys provided by Parliament.
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Dismissal of action after decision of preliminary issue (O. 33 r. 5) If it appears to the Court that the decision of any question or issue arising in a cause or matter and tried separately from the cause or matter substantially disposes of the cause or matter or renders the trial of the cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment therein as may be just. S/N lLn0A7ahUkCzvxcyCyoRIQ Brief facts
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The Plaintiffs are parcel owners of a development project known as K Residence and K Avenue (“the Development”). K Avenue is a shopping Mall owed by the 1st Plaintiff and K Residence are private services residence developed by the 2nd Plaintiff. The other Plaintiffs are owners of K Residence.
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The Defendant is the Joint Management Body (JMB) established under the Strata Management Act 2013 (“the Act”) for the Development.
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As parcel owners the Plaintiffs were liable to pay maintenance and other charges to the JMB for the maintenance of the Development. Disputes has arisen as to the amount and usage of the funds. This is subject matter of 2 civil suits filed in this Court and are awaiting final determination by the Court.
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After the formation of the JMB AGMs were carried out in accordance with the provisions of the Act. In the 3 AGMs held the Plaintiffs were prevented from voting for the reason that the Plaintiffs had defaulted in the payment of the management charges and other dues.
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The Plaintiffs are now challenging this barring of their right to vote at the AGM as this breaches their statutory rights to vote given under the law. S/N lLn0A7ahUkCzvxcyCyoRIQ The AGM and Voting rights
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The holding of an AGM is statutorily provided under Clause 10 of
Schedule
Schedule 2 of the Act as follows: 10. Annual general meeting (1) The management corporation shall hold an annual general meeting for the consideration of accounts, election of the management committee and the transaction of such other matters as may arise. (2) The first annual general meeting shall be held within one month after the expiry of the initial period and the subsequent annual general meetings shall be held once in each year, provided that not more than fifteen months shall lapse between the date of one annual general meeting and the next. (3) The holding of any annual general meeting out of time in breach of this paragraph shall not affect the validity of the annual general meeting. 10. Voting rights is provided under Clause 22 of the Schedule 2 of the Act as follows: 21. Voting rights of proprietor S/N lLn0A7ahUkCzvxcyCyoRIQ (1) Each proprietor who is not a co-proprietor shall have one vote in respect of each parcel on a show of hands, and on a poll, shall have such number of votes as that corresponding with the number of share units or provisional share units attached to his parcel or provisional block. (2) A proprietor shall not be entitled to vote if, on the seventh day before the date of the meeting, all or any part of the Charges, or contribution to the sinking fund, or any other money due and payable to the management corporation in respect of his parcel are in arrears. Arrears of payment of charges 10. The Court notes and takes into account that the only bar to the right of the Plaintiffs to vote under the Act is if they are in arrears of payment of maintenance charges and other dues. 11. In this case the actual amount of maintenance charges and other due are subject to 2 other suits and a final determination of the amount of charges and other due are yet to be ascertained. 12. Under this circumstances, the Plaintiffs cannot be said to be in arrears of any charges are due and therefore restriction on their right to vote does not arise. S/N lLn0A7ahUkCzvxcyCyoRIQ The powers of the JMB 13. The powers of the JMB are expressly spelled out on section 22 of the Act as follows: (1) The duties of a joint management body shall be as follows: (a) to properly maintain and manage the building or land intended for subdivision into parcels and the common property, and keep it in a state of good and serviceable repair; (b) to determine and impose the Charges to be deposited into the maintenance account for the purpose of the proper maintenance and management of the buildings or lands intended for subdivision into parcels and the common property; (c) to determine and impose the contribution to the sinking fund to be deposited into the sinking fund account for the purpose of meeting the actual or expected expenditure specified under subsection 24(2); (d) to effect insurance according to this Act or to insure against such other risks as the parcel owners may by special resolution direct; S/N lLn0A7ahUkCzvxcyCyoRIQ (e) to comply with any notice or order given or made by the local authority or any competent public authority requiring the abatement of any nuisance on the common property, or ordering repairs or other work to be done in respect of the common property or other improvements to the common property; (f) to prepare and maintain a register of all parcel owners of the buildings or lands intended for subdivision into parcels; (g) to ensure that the accounts required to be maintained by the joint management body under this Act are audited and to provide audited financial statements for the information to its members; (h) to enforce the by-laws; and (i) to do such other things as may be expedient or necessary for the proper maintenance and management of the buildings or lands intended for subdivision into parcels and the common property. (2) The powers of the joint management body shall be as follows: (a) to collect the Charges from the parcel owners in proportion to the allocated share units of their respective parcels; S/N lLn0A7ahUkCzvxcyCyoRIQ (b) to collect the contribution to the sinking fund from the parcel owners; (c) to authorize expenditure for the carrying out of the maintenance and management of the buildings or lands intended for subdivision into parcels and the common property; (d) to recover from any parcel owner any sum expended by the joint management body in respect of that parcel in complying with any such notice or order as referred to in paragraph (1)(e); (e) to purchase, hire or otherwise acquire movable property for use by the parcel owners in connection with their enjoyment of the common property; (f) to employ or arrange and secure the services of any person or agent to undertake the maintenance and management of the common property of the building or lands intended for subdivision into parcels; (g) subject to subsection 32(3), to make additional by-laws for the proper maintenance and management of the buildings or lands intended for subdivision into parcels and the common property; and S/N lLn0A7ahUkCzvxcyCyoRIQ (h) to do all things reasonably necessary for the performance of its duties under this Act and for the enforcement of the by-laws. (3) Notwithstanding any other provisions of this Act, the joint management body shall not enter into any contract relating to the maintenance and management of any building or land intended for subdivision into parcels and the common property in the development area for any period exceeding twelve months. (4) Where- (a) the joint management body incurs any expenditure or performs any repairs, work or act that it is required or authorized by or under this Part or by or under any other written law to perform, irrespective of whether or not the expenditure was incurred or the repairs, work or act were or was performed consequent upon the service of any notice or order on it by any Government or statutory authority; and (b) the expenditure or the repairs, work or act referred to in paragraph (a) were or was rendered necessary by reason of any wilful or negligent act or omission on the part of, or breach of any provision of its by-laws by, any parcel owner or his tenant, lessee, licensee or invitee, S/N lLn0A7ahUkCzvxcyCyoRIQ the amount of the expenditure of any money expended by the joint management body in performing the repairs, work or act shall be recoverable by it from that parcel owner as a debt in an action in any court of competent jurisdiction or before the Tribunal. (5) The generality of this section shall not be prejudiced by any other provision in this Part conferring a power or imposing a duty on the joint management body. 14. From the Court’s reading of the above provision there are no powers given to the JMB under the Act to bar any proprietor to vote in an AGM. As the JMB has done so in this case, they have exceeded the powers given to them under the law. Their action of barring the Plaintiffs from voting is therefore unlawful. 15. If at all the Plaintiffs can only be barred to vote at the AGM on the instructions of the Commissioner of Buildings. This is because the powers to enforce the Act is clearly given to the Commissioner of Buildings as provided under section 4 of the Act as follows: (1) The State Authority may, in respect of a local authority area or any other area, appoint an officer to be known as the Commissioner of Buildings and such number of Deputy Commissioners of Buildings and other officers as may be necessary for the purpose of administering and carrying out the provisions of this Act. S/N lLn0A7ahUkCzvxcyCyoRIQ (2) The appointment of the Commissioner of Buildings, any Deputy Commissioner of Buildings and other officer under subsection (1) shall be made by notification in the Gazette. (3) Subject to any general or special direction of the State Authority which is not inconsistent with the provisions of this Act, the Commissioner shall have charge of the administration of this Act and may perform such duties as are imposed and may exercise such powers as are conferred upon him by this Act or any other written law. (4) Subject to any general or special direction of the Commissioner which is not inconsistent with the provisions of this Act, any powers conferred on and duties to be performed by the Commissioner under this Act or any other written law may be exercised or performed by any Deputy Commissioner or other officer appointed under subsection (1). (5) The Commissioner may, in relation to any particular matter, delegate in writing all or any of his powers or functions under this Act, except his power of delegation, to any public officer or officer of any local authority. (6) Any delegation under subsection (5) may be revoked at any time by the Commissioner and shall not prevent the Commissioner from exercising the powers or performing the functions delegated. S/N lLn0A7ahUkCzvxcyCyoRIQ 16. Two things are clear from the above provision, the first is that the Commissioner has the full powers to enforce the Act and can only delegate the powers to any public officer or officer of any local authority. The Commissioner cannot delegate the powers to enforce the Act to the JMB Conclusion 17. In pursuance of the 2 factors, that the Plaintiffs have not been shown to be in arrears of any charges and dues and the JMB having no powers to bar the Plaintiffs form voting the Court allows the claim of the Plaintiff to invalidate the 3 AGMs as well as the other ancillary orders applied for. Dated: 4.11.2025 sgd DATO’ HAJI AKHTAR BIN TAHIR Judge High Court of Malaya, Kuala Lumpur S/N lLn0A7ahUkCzvxcyCyoRIQ PARTIES For the Plaintiff: Nama Peguamcara: Aimee Liew Sau Harn / Clement Phang Chee Wei Tetuan YH Teh & Quek 15-02 Menara Centara, No.360, Jalan Tuanku Abdul Rahman 50100 Kuala Lumpur. For the Defendant: Nama Peguamcara: Low Yen Hau / Lai Chee Hoe / Deyvinah Tetuan Chee Hoe & Associates Level 1, Conservatory, No. 7, Lorong Travers, Bukit Persekutuan, 50480 Kuala Lumpur. S/N lLn0A7ahUkCzvxcyCyoRIQ
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