26 Aug 2020
COMMISSONER OF BUILDINGS HANG TUAH JAYA MUNICIPAL COUNCIL 1. JOINT MANAGEMENT BODY OF IXORA APARTMENTS 2. HOUSING AND STRATA MANAGEMENT TRIBUNAL
- Citation
- JB-25-4-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-25-4-11/2019 (Mahkamah Tinggi)
The Tribunal erred by failing to deal with all relevant issues and thus committed a serious irregularity under s121 of the Strata Management Act 2013; payment of allowances requires prior approval by a General Meeting with transparency and recordal, whereas the Commissioner’s statutory role is to approve the rates of allowances not to authorize payment; accordingly the Tribunal's award is quashed and remitted for proper process (EGM and resubmission for rate determination).