By:
Bryan Lui (Co-Managing Partner) [bryanlui@luibhullar.com]
Harneshpal Karamjit Singh (Co-Managing Partner) [harnesh@luibhullar.com]
Navigating the complexities of strata management can be overwhelming for property owners, developers, and management bodies. With the introduction of the Strata Management Act 2013 (SMA), there has been a significant legal framework governing strata properties, including residential condominiums, apartments, and mixed developments.
At our firm, we provide specialized strata management legal services to address disputes, ensure compliance, and resolve conflicts effectively.
Understanding the Strata Management Act 2013
The Strata Management Act 2013 governs the management and maintenance of strata properties in Malaysia. This Act outlines the roles and responsibilities of the Joint Management Body (JMB), Management Corporation (MC), developers, and parcel owners. It also addresses issues related to maintenance fee disputes, sinking fund disputes, and common facilities.
Our team of experienced lawyers is well-versed in SMA 2013 and provides tailored solutions to help clients navigate legal obligations.
Our Key Strata Management Legal Services
1. Advisory Services for JMB and MC Formation
We guide developers and property owners in forming the Joint Management Body (JMB) or Management Corporation (MC), ensuring compliance with the SMA. This includes drafting and reviewing bylaws, regulations, and governance frameworks.
2. Legal Advice on Strata Bylaws and Compliance
Our firm assists strata management bodies in creating and enforcing strata bylaws to ensure harmony and smooth property management. From drafting new bylaws to amending existing ones, we provide comprehensive legal support.
3. Resolving Maintenance Fee and Sinking Fund Disputes
Unpaid maintenance fees and mismanagement of the sinking fund often lead to conflicts between parcel owners and management bodies. We offer legal solutions to resolve:
Maintenance fee disputes
Non-payment issues by defaulters in strata properties
Mismanagement of sinking funds
Our legal strategies focus on enforcing payment, recovering arrears, and addressing financial discrepancies efficiently.
4. Strata Property Disputes Resolution
Disputes over strata titles, common facilities, or mixed development issues are common in Malaysia. We offer expert legal advice and representation for:
Strata property disputes between owners and management bodies
Condominium management legal support
Conflicts over shared spaces and amenities in mixed developments
By leveraging the Strata Management Tribunal process, we ensure disputes are resolved quickly and cost-effectively.
5. Enforcement Actions for Non-Compliance
Non-compliance with strata laws, bylaws, or tribunal rulings can disrupt property management. Our team advises JMBs and MCs on:
Strata management enforcement actions
Filing claims with the Strata Management Tribunal
Legal remedies for defaulting parcel owners
We also represent clients in court to enforce compliance and recover unpaid dues.
Common Strata Management Legal Issues We Handle
Maintenance fee disputes between JMBs/MCs and owners
Sinking fund disputes over contributions and usage
Non-payment by defaulters in strata properties
Disputes over ownership and usage of common facilities
Enforcement of bylaws for strata property legal compliance
Resolution of issues in mixed developments
Legal disputes regarding strata titles and ownership rights
Strata Management Tribunal: Resolving Legal Disputes
The Strata Management Tribunal provides a cost-effective and efficient way to resolve disputes under SMA 2013. Whether you are a property owner, tenant, developer, or JMB/MC, we assist clients in preparing and filing claims, representing them during proceedings, and ensuring favorable outcomes.
Why Choose Us for Strata Management Legal Services?
Our dedicated team of lawyers understands the intricate legal and operational challenges faced by property owners, developers, and management bodies.
Here’s what sets us apart:
Expertise in Strata Management Act 2013 and related laws
Proven experience resolving strata property disputes
Comprehensive support for JMB and MC legal compliance
Efficient strategies for maintenance fee recovery and enforcement
Skilled representation in the Strata Management Tribunal
We ensure that your rights are protected, obligations are met, and disputes are resolved efficiently.
Contact Us for Professional Strata Management Legal Services
If you’re facing challenges with strata management compliance, disputes over sinking funds, or enforcement issues, contact us today. Let our experienced team help you resolve your legal concerns effectively.
Your Strata Property, Our Legal Expertise.
For further assistance, contact our team of experienced strata lawyers.
Please contact us for a free consultation via WhatsApp (+60143000960) or E-mail (admin2@luibhullar.com) for any queries regarding Strata Management matters.
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