Court upholds RM920K award against condo developer over defects, missing fire doors

The Court of Appeal in Malaysia has upheld a RM920,508 award against Penang condominium developer Melariang Sdn Bhd over issues with missing fire doors, a wet riser room, and recurring defects in the common areas of The Cantonment luxury condominium. The unanimous decision, led by Justice Alwi Abdul Wahab, affirmed the High Court's findings based on contemporaneous documents and witness testimony.

The dispute arose from a lawsuit filed by the joint management body, now the management corporation, against the developer for various defects, including the omission of 101 fire doors and a wet riser room, along with issues like leakage in the swimming pool and water ponding in the multi-storey car park. The Court of Appeal confirmed that the management body had the legal authority to sue on behalf of the purchasers under the Strata Management Act 2013.

The developer was found to have removed the fire doors and wet riser at its own request, despite claiming they were removed due to mandatory directions from authorities. The appellate court ordered Melariang to pay the awarded sum, including RM40,000 in costs and interest, as well as an additional RM50,000 in appeal costs.