HEADLINES

Court rules condo developer negligent over defects: report

Recent judgement in AraGreens Residences case paves way for other management bodies to sue developers over common property defects

9:29 AM MYT

 

KUALA LUMPUR – A recent high court ruling has set precedent for joint management bodies (JMB) of condominiums to sue developers over common property defects.

Malaysiakini reported the Shah Alam High Court’s judgement on September 18 in the case of AraGreens Residences, whose JMB filed for tort of negligence against the high-rise property’s developer, HSB Development Sdn Bhd.

The JMB held that the developer had breached its duty of care for common properties, which resulted in the JMB suffering damages for defects and faults.

These defects included “water dampness at basement car parks, defective swimming pools with numerous peeling tiles, damaged wooden decks, water retention and ponding on the futsal court, an unusable rock-climbing wall that lacked safety certification, and wet driveways at basement car parks”, Malaysiakini’s report said.

The court held the developer liable for these defects and ordered it to pay the JMB RM459,946 in compensation.

The JMB filed its suit five years ago, which was a last-resort attempt to get the developer to rectify the defects.

It is unclear if the developer will file an appeal against the high court’s judgement. It has 30 days to do so as of December 11, Malaysiakini reported. – December 29, 2023

Topics

 

Popular

RM4,000 grant to scrap old car, buy new Proton, Perodua

Under Budget 2026, government and national car makers to provide the grant to ensure better road safety

DoSM estimates Malaysia’s population to be 34.1 mil in 2024

Three states with the highest population are Selangor, Johor, Sabah

Over 23.6 million to benefit as new electricity tariff kicks in July 1

The Energy Commission has set a new average base tariff of 45.40 sen/kWh for RP4, slightly lower than before, bringing overall electricity costs down by up to 19% compared to the previous regulatory period

Related