Monday, July 31, 2006

How to recover the maintenance charges due by apartment owners?

In the case of John Denis de Silva v Crescent Court Management Corporation [2006] 3 MLJ 631, the High Court of Kuala Lumpur provides the guideline on how to recover the maintenance charges owed by owners of the apartment.

(1) The management corporation should recovers the sums due to it by filing an action in court for the recovery of the debt against the owner. This is provided under the Strata Title Act.

(2) The management corporation should not prevented the entry and the right to park on the ground that owner had not paid his or her monthly maintenance charges.

In addition to what stated in the case of John Denis, I would add that the other way is
(3) Wait for the owner to sell the unit or a force auction to happen. This is a passive way.

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