THE Shah Alam High Court ruled that a condominium management cannot be held liable for burglaries that occurred in private units.
Judge Dr Choong Yeow Choy, in his ruling, said that although he sympathised with the homeowners, the Strata Management Act (SMA) did not place a legal obligation on the management to provide security.
Choong, however, said that this could only be implemented through collective agreement with the residents.
The decision dismissed the appeal by Asma Ahmad Shariff, who sued the management for more than RM100,000 after her unit at the Tiara Damansara Condominium was robbed seven years ago.
Asma claimed that she lost jewellery and valuables worth RM104,200 and had to pay RM4,000 for repairs, and accused the management of negligence and breach of duty of care.
At the same time, Choong in his judgment dated August 18, also described the incident that befell the plaintiff as very unfortunate, reported Harian Metro.
"Asma is of the opinion that she is legally entitled to compensation for the losses suffered by her and her husband.
"Her claim is anchored upon a provision in the SMA which she contended imposes a statutory duty on the management corporation to maintain and manage a system of safety and security for the benefit of the residents.
"She (Asma) maintained that this statutory duty to 'maintain and manage the subdivided building' encompasses an obligation to maintain and manage a system of safety and security for the benefit of the residents."
However, Choong said the court was unable to accept Asma's contention.
He said the level of security and management's responsibility depended on what the residents agreed to and the amount they were willing to pay.
He said, the court also ruled that the management had fulfilled its responsibility by appointing Golden Eagle Security Services Sdn Bhd to look after the condominium in question.
"The onus is on the plaintiff to prove breach of responsibility based on the applicable regulations and laws."
"This court finds that the plaintiff had failed to discharge the burden of proof," he said.
The court also ordered Asma to pay costs of RM10,000.
Lawyers Simon Murali Kalimuthu and Kok Yuen Lin represented Asma, while the management was represented by Emily Chong and Bryan Tan. – August 26, 2025
