PUTRAJAYA (Nov 28): The Court of Appeal has upheld a High Court ruling that key facilities within a Langkawi condominium — including a swimming pool, clubhouse, a Tenaga Nasional Bhd (KL:TENAGA) substation lot, and a plot earmarked for a commercial building — are legally recognised as common property under the Strata Titles Act.
A three-judge bench led by Datuk Azimah Omar, with Datuk Wong Kian Kheong delivering the written grounds and Datuk Ismail Brahim as the third judge, unanimously dismissed an appeal by the developer, Baiduri Heights Development Sdn Bhd, and several others. The appeal was filed against the management body, Perbadanan Pengurusan Chogm Villa.
Why the Facilities Are Considered Common Property
Justice Wong said the High Court made no error in concluding that the disputed land parcels form part of the condominium’s common property as defined under Section 4 of the Strata Titles Act.
He noted that:
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The approved layout plan expressly identified the pool, clubhouse and related amenities as “kemudahan-kemudahan” (facilities) for the development.
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No document — including the original layout plan, planning permission, building plans or a 1994 letter — indicated that legal or beneficial ownership of these facilities belonged to the developer.
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The facilities sit within the development without any separate or exclusive access, which contradicts the notion of private ownership within a strata scheme.
Justice Wong emphasised that the developer’s own marketing brochure had showcased the pool and clubhouse as shared amenities meant for all parcel owners — reinforcing their status as common property.
Management Body Had the Right to Sue
The Court of Appeal also ruled that Perbadanan Pengurusan Chogm, as the management committee, had the necessary locus standi to pursue its counterclaim. The judges agreed with the High Court that the committee was entitled to defend the condominium’s common property rights.
Counterclaim Was Not Time-Barred
The court addressed another key issue — whether the counterclaim was filed out of time. It concluded that the action was valid because there was a “continuance of injury or damage” stemming from omissions by the Kedah Land Office and the Kedah Land and Mines Office, which neglected to properly recognise the common property.
Under the Public Authorities Protection Act 1948, claims involving ongoing injury may be filed within 36 months after the harm ceases. Justice Wong said this criterion had been met.
The court further affirmed that the High Court was correct in finding that the Land Office and the Kedah Land and Mines Office committed misfeasance in public office, making the Kedah state government vicariously liable for their actions.
Broader Implications
Perbadanan Pengurusan Chogm had filed the counterclaim against the developer, government agencies, the Langkawi Municipal Council, and several other parties. The ruling strengthens the protection of common property rights for strata communities nationwide — including condominium and serviced apartment developments in Kuala Lumpur and Selangor, where disputes over shared facilities can significantly affect property value, management rights and commercial potential.
