KUALA LUMPUR (March 23): The High Court has on Feb 24 affirmed the decision made by the Strata Management Tribunal in April 2016 that resolutions related to the recent refurbishment of The Summit Subang USJ in Subang, Selangor were not properly passed.

At the management corporation’s (MC) annual general meeting (AGM) on March 15, 2014, the resolution to adopt the refurbishment tender price of RM70,480,868 was voted on by only the share units of the retail podium block. “If only some share units are eligible to vote, a motion to that effect should have first been carried,” tribunal president Teh Yoke Hooi had decided then.

Furthermore, even if the above motion was carried, there was also no motion that only the share units of the podium block is to contribute to the refurbishment fund. The Summit Subang USJ is a mixed development made up of a 13-storey office tower and a 17-storey hotel tower above a six-storey retail podium.

Following the tribunal’s decision, the MC had then put the case under judicial review at the Shah Alam High Court and, last month, the court had affirmed the tribunal’s decision. This means that the minority owners of The Summit Subang USJ who were named as claimants at the tribunal hearing will not need to contribute to the refurbishment cost, at least for now. Not until the issue of their contribution to the refurbishment fund is resolved.

The ball now lies in the court of the MC which will be holding its next AGM on April 1.

In response, The Summit Subang USJ’s MC chairman Zuhairy Md Isa told TheEdgeProperty.com that the MC will rectify the resolution at the coming AGM.

The project is part of AmFirst Real Estate Investment Trust’s investment portfolio. In 2014, it announced plans for the upgrade and refurbishment of The Summit Subang USJ. The refurbishment was completed in December last year.

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