Steadfast Determination to Reverse a Highly Complex Legal Matter

Kuala Lumpur, Malaysia Dec 1, 2025  – Following an unfavorable court judgment issued on July 14, 2025, against several defendants, including the Joint Management Body (JMB) and developer Mr. Peter Chan, a stay and appeal to the judgment/order were immediately filed. Mr. Chan’s resolve remains steadfast, viewing the initial setback as an opportunity to demonstrate the unimpeachable integrity and righteousness that have characterized the company’s operations for over two decades. He maintains firm belief and total commitment to establishing justice. This stance is robustly supported by the company’s meticulous conduct, evidenced by extensive documentation and overwhelming mandates received from the majority of parcel owners in all Annual General Meetings (AGMs) held to date.

Addressing a general staff meeting, Mr. Chan conveyed his powerful conviction, stating, “Despite the significant setback in our defense, we are grateful for this opportunity to ultimately prove our case. We have committed no wrongdoing, and we are confident we will overturn everything on appeal! We place our full trust in divine justice!” This sentiment underscores the developer’s confidence, which is grounded in verifiable evidence, full adherence to all prevailing regulations, and community approvals.

The complex case centered on three primary allegations brought by a small group of litigant unit owners, attempting to invalidate sound administrative and financial decisions made in the community’s best interest. The first two central claims were financial in nature: the JMB’s alleged improper payment of RM 179,968.00 for tennis court construction and, separately, the alleged wrongful payment of a land premium of RM 949,297.00 for an additional 1.6-acre land parcel reportedly provided free to the JMB. A thorough review of supporting case documents unequivocally confirms that both the developer and the JMB have acted with complete diligence, compliance, and honor in all their decisions, rendering the plaintiffs’ allegations entirely unfounded.

The accusation regarding the tennis court expenditure is demonstrably without basis. Its construction and payment were not only approved at the properly convened Second Annual General Meeting (AGM) on December 6, 2015, but were subsequently ratified at the Third AGM on December 4, 2016. Furthermore, the tennis court was not featured in sales brochures nor included in their Sales and Purchase Agreements (SPAs).

Adding to the peculiarity of this claim is the documented fact that the proposal was made by a unit owner who is involved in another action with the plaintiffs and seconded by another named plaintiff in the current suit. This indicates that the plaintiffs themselves initiated and ratified the amenity’s construction, yet years later, filed a lawsuit challenging a decision they helped make, highlighting a profound inconsistency and questionable motive. Moreover, the development was completed in April 2014, but this claim was only filed in November 2020—a lapse exceeding six years, making it subject to the Statute of Limitations, which should nullify the claim.

The second principal allegation, concerning the land premium for the 1.6-acre parcel, similarly lacks merit. The JMB did not, in fact, acquire the land as suggested; rather, the additional land, along with a substantial five-storey car park structure, was generously donated pro bono by the developer to the community. The plan for this land addition was integral to the development’s initial conception and had been openly communicated to all purchasers. Every purchaser had executed the Deed of Mutual Covenant (DMC), which explicitly authorized the developer to acquire additional land for the collective benefit. At its first official opportunity, during its First AGM on October 4, 2014, the letter of donation was executed and handed by the landowner to the JMB, confirming the JMB’s ownership of the land.

As the JMB is the rightful owner, it is the legitimate entity responsible for paying the necessary land premium to the government when due. This action was fully authorized and in compliance with prevailing legislation. The payment is sanctioned by Clause 22(3) of Act 633 (governing the JMB prior to June 2015), which permits the use of the Building Maintenance Fund for “doing generally all things necessary for the maintenance and management of the common property.” The subsequent Strata Title Management Act 2013 (Act 757) also authorizes such expenditure, mandating the JMB to “do such other things as may be expedient or necessary for the proper maintenance and management” of the common property.

All decisions were presented to parcel owners for approval. The JMB approved the payment of the land premium of RM 949,297.00, and this decision was ratified with overwhelming support at the AGM on December 4, 2016, with a vote count of 71 in favor versus only 6 against. The tennis court expenditure received a unanimous 65 in favor and 0 against. These strong mandates clearly demonstrate the JMB’s widespread support within the community.

It is deeply concerning that a development managed so diligently and supported so broadly can face court proceedings and be rendered so complex by a handful of dissatisfied individuals. The Plaintiffs’ petitions for freezing of accounts, appointment of an administrator, and a forensic audit were all granted. This raises questions given that no wrongdoing had been established.

CONSEQUENTLY, THE DEFENDANTS WERE COMPELLED TO SEEK A STAY OF THE ORDER AND FILE AN APPEAL.

Despite these events, I maintain confidence in the Malaysian legal system’s reliability and the presence of just judges. We anticipate that the Appeal Court will correct all errors and secure the vindication that the JMB and the developer rightfully deserve.

“Our experience has starkly revealed the realities of this world, where one can give most selflessly, as we have done, yet be relentlessly persecuted! The perpetrators and their associates will ultimately face their reckoning and fade away.” Such is the unwavering confidence and faith of Peter Chan.