“Does the security of a unit in a condominium [stratified scheme] fall under the responsibility and duty of the Management Corporation?”
CASE:
BRIEF FACTS:
- Cik Asma was the owner and the occupier of an apartment unit in a condominium complex at Petaling Jaya. The Defendant is the Management Corporation [MC] of the condominium complex.
- Cik Asma’s apartment was burglarised during daylight on 14 November 2018.
- Cik Asma blamed the MC for security lapses. The MC denied responsibility.
- Cik Asma sued the MC at the Sessions Court for the MC’s alleged breach of their duty under the Strata Management Act 2013 [SMA].
DECISION OF THE SESSIONS COURT (“SC”)
- The Sessions Court Judge (“SCJ”) dismissed Cik Asma’s case.
- The SCJ held that the statutory duty of the MC under the SMA did not specifically outline the duty of the MC to ensure that the individual units are safe and to ensure that the units are not broken into.
- The SC also held that by appointing a third-party contractor to oversee the security of the condominium complex, the statutory duty and common law duty of care by the MC has been discharged.
- Cik Asma was unhappy and appealed to the High Court.
DECISION OF THE HIGH COURT (“HC”)
- HC states that the duty to “maintain and manage the subdivided building” in SMA 2013 does not apply to maintaining and managing a system of safety and security for the benefit of the residents.
- Thus, HC also emphasised that Section 59(1)(a) and (i) of the SMA 2013 does not impose a statutory duty on the MC to establish or maintain a system of safety and security.
- The onus rested on Cik Asma to establish a breach of duty on the part of the MC with regards to the Rules and Regulations of the said condominium. This she did not do.
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