Disposed finally

The Appeal by the Developer on a question on who should collect maintenance charges, sinking fees and other charges where no first Annual General Meeting of the Management Corporation has been held was finally disposed off by the Court of Appeal on 12/10/2017. The Developer's Appeal against the decision of the High Court Temerloh was dismissed. 

The Developer had filed 14 suits against unit owners which were subsequently consolidated and the consolidated suits were, after a full trial, dismissed by the Sessions Court at Raub with costs as per scale.

The Court in addressing the lacuna in the law as pointed out by the Appellants' Solicitor, stated that it is not the function of the Court to rewrite the law. The function of the Court is to interprete the law as it is written. 

The Court thereafter went on to hold that it is the duty of the Management Corporation and not the Developer to collect  charges once the Management Corporation is formed.

The Court, after having dismissed the Appeallants' appeal with no order as to costs, advised parties to meet the Land Commissioner to have all practical issues resolved.