Does A Management Corporation Have A Right To Bring An Action Against A Developer?

In the case of Dua Residency Management Corporation v Edisi Utama Sdn Bhd and E&O Customer Services Sdn Bhd, an action was brought by Dua Residency Management Corporation, the management corporation of Dua Residency Condominium (“DRMC”) for the following:

1. That Edisi Utama Sdn Bhd (“Edisi”) as developer of Dua Residency failed to adequately design and construct certain common areas in Dua Residency;
2. That E&O Customer Services Sdn Bhd (“E&O CS”) as property manager of Dua Residency failed to adequately maintain and manage the common areas in Dua Residency.

DRMC based its causes of action against Edisi on the following:-

1. Breach of contract;
2. Breach of statutory duties; and