TribunalRoshan Kshatriya

Tribunal Tuntutan Pembeli Rumah

Topic

• Jurisdiction

• Common Property

• Representatives

• Right to Appear at Hearings

• What is your Claim?

Strata Issues

Jurisdiction Of The Tribunal

• Fourth Schedule Part 1

• No. 1 to 14

Charges

General

meeting

Revoke

amendments

Alteration of common property

Jurisdiction

• The 15th & 16th Jurisdiction.

• s.32(7), s.70(7)

COMMON PROPERTY

• HARVINDER KAUR GUJJAR SINGH v

JMB PERDANA VIEW & ANOR [2017] 1

LNS 421

Common Property

• Section 8(1)(a) Building and Common

Property (Maintenance and Management)

Act 2007(Act 663)

• Section 21(1)(a) Strata Management Act

2013 (Act 757)

Common Property

• Section 8(1)(a) -Duties and powers of

Joint Management Body.

(a) to properly maintain the common

property and keep it in a state of good

and serviceable repair.

Common Property

• Section 21(1)(a) Act 757- Duties and

powers of joint management body.

(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;

Common Property

Section 8(1)(a) (Act 663) Section 21(1)(a) Act 757

‘the common property ‘

The JMB is duty bound only to maintain

and manage those areas

defined as ‘common property’ in section 2

of the Act. And that, as a

consequence, the JMB does not owe any

duty of care in respect of the

security of the unit of the plaintiff.

‘building & ‘common property’

Under Act 757 the scope of duty on the

part of the JMB is wider and is not confined

merely to the common area. The scope of

the duty to ‘properly maintain and manage’

would include the building as well. In my

view the term ‘building’ would

include the condominium units.

The security of the common area and the

security of the individual units are very

closely inter-related; and as such in looking

after the security of the common area the

management just cannot turn a blind eye

to the security of the units.

Representatives

The Hedgeford cases:

Can anyone represent a Claimant in a

Tribunal Proceeding?

Right to appear at Hearings

• Lawyers -

• s.110 Act 757

Right to appear at Hearings

Criteria

• Corporation or Unincorporated

body of persons:

-Full Time Paid Employee of the

Corporation or body

Right to appear at Hearings

• Minor / Under a disability

-Next friend or guardian ad litem.

Right to appear at Hearings

• Individual Claimant

-The Individual.

• No Representatives allowed.

What is your Claim?

Claiming

• Be Clear

• Be Precise

• Be Accurate