High Court orders Suria Lake Town developer to facilitate issuance of strata titles to purchasers

KUALA LUMPUR (Feb 11): The High Court has ordered developer Segi Objektif (M) Sdn Bhd to facilitate the issuance of strata titles within 12 months to purchasers and the joint management body (JMB) of Suria Lake Town A and B at Bukit Merah Laketown Resort.

Justice Mahazan Mat Taib ruled that the developer must take all necessary steps to apply for and secure the strata titles, subject to statutory requirements and approval by relevant authorities.

Suria Lake Town Apartment is designed for holiday or residential use situated within Bukit Merah Laketown Resort developed by MK Land Holdings Bhd (KL:MKLAND).

The court found that purchasers were disadvantaged by a long and unjustified delay in forming the JMB, which was only established in 2017, despite certificates of fitness for occupation being issued as early as 2005 (Block A) and 2010 (Block B). The absence of a JMB deprived purchasers of proper representation in decisions affecting the property.

The judge explained in her judgment that the swimming pool was part of the development offering of a shared facility between purchasers. However, it was treated as a common property, to which Segi Objektif did not resolve for the purchasers.

The judge in reading her broad grounds held that decisions affecting the swimming pool and conduct were inconsistent with consumer protective objectives of the strata management legislation and warranted judicial intervention.

“Decisions affecting the swimming pool were taken during a period when no effective purchaser-controlled management body existed,” she said.

“Such conduct is inconsistent with the consumer-protective objectives of the strata management legislation and warrants judicial intervention,” she said.

The court dismissed the counter claim of the developer of RM1,128,930.31 against the JMB in its entirety on the expenses incurred for maintenance.

The purchasers and JMB were represented by Ranjan N Chandran and Fedorah Jane from Hakem Arabi & Associates.

The developer was represented by Andrew Davis and Zaitul Naziah from Andrew Davis & Co.

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