Who To Turn To When You Pursue A Strata Title Dispute?

Who do you turn to (and what do you need to know) if you are having a dispute with a condo managing corporation? We will briefly share with you below some of the options you have, and what you need to know about the options shared below.

A) Strata management tribunal

Question: What are some of the features of a tribunal?

Answer:

1. You are heading into it solo (i.e. no lawyers allowed) unless it involves complex matters and you will suffer severe financial strain if lawyers are not involved;
2. The dispute is open to the public;
3. Lawyers and members of the legal industry make up the composition of the tribunal- essentially, they are people who have experience in the matters brought to the tribunal; 
4. It is very informal- can be conducted in languages other than English/ Bahasa, conducted orally, and evidence can be produced without adhering to the regular rules when one produces evidence in court. 

Question: Who can file a claim?

Answer:  Anyone who has an interest in the dispute in question (yourself, the managing corporation, developer, etc.).

Question: What are the matters that can be heard by the tribunal?

Answer:

1. Dispute as to the cost for repairs relating to defects in the condo (your unit included);
2. A claim for an order to convene/ invalidate a general meeting;
3. A claim for an order to nullify/ quash a resolution;
4. A claim for an order to rescind an amendment of a management corporation by-laws;
5. A claim to vary the interest rate for late payments to the maintenance/ sinking fund;
6. A claim for an order to pursue insurance claim;
7. A claim compelling management corporation to supply information or documents; and
8. A claim for an order consenting to changes made to common property. 

Question: What are the matters that cannot be heard by the tribunal?

Answer:

1. Any claim exceeding RM250,000.00;
2. Any claim on matters relating to the title of the land;  
3. Any claim that is outside the scope mentioned above; 
4. When you file the claim both in the tribunal and in a court; and
5. When the dispute in question has already been settled by the tribunal/ court.

B) Commissioner of building

Question: Who can file a claim?

Answer:  Anyone who has an interest in a parcel in question.

Question: What are the matters that can be heard by the commissioner?

Answer:  Any claims alleging that the managing corporation is not performing its duties.

Question: What is the procedure like (assuming a claim has been filed with the commissioner?

Answer:

1. An inquiry will be conducted;
2. Assuming the claim/ allegation holds water, a managing agent will be appointed to manage the building and common property;
3. A fee will be paid to the agent for the work he is about to embark on;
4. Bonds lodged by the agent with the commissioner; and
5. The agent will enter a management agreement with the managing corporation within 14 days from the date of appointment to allow him to perform his duties.

C) Court

Question: Who can file a claim?

Answer:  You

Question: What are the matters that can be heard by the court?

Answer: Any disputes against the managing corporation which is covered above (i.e. those in which the tribunal and commissioner of the building can hear and those they cannot as well) and any other disputes against the managing corporation.

And there you go. Hopefully, it helps!!