Who Owns The Surplus Parking Spots On A Development?

Introduction

With the rise in land and property prices, many have chosen to live in condominiums where there are common properties and facilities shared between the residents, such as swimming pools and children's playgrounds. In a recent case – Sri Keladi Sdn Bhd (in liquidation) v Bukit OUG Condominium Joint Management Body ¹ – the Court of Appeal was presented with an appeal against a High Court decision which ruled that the surplus carparks built within the development formed a part of the common property of the development.

Facts

The appellant was a housing developer who had been entrusted to develop the Bukit UOG Condominium, while the respondent was the joint management body responsible for managing the common property of the development.