Sub-paragraph 22(2) of the prescribed By-Laws in 3rd Schedule to the Strata Management (Maintenance and Management) Regulations 2015 (“SMR 2015”) states that “A proprietor shall not do anything to his parcel which may encroach on any part of the common property”. Section 32 of Strata Management Act 2013 (“SMA 2013”) prohibits the Joint Management Body from making any additional by-laws inconsistent with the by-laws prescribed by the regulations made under Section 150. SMR 2015 is made under Section 150 of SMA 2013.
Installing grille on the common corridor and sealing off a portion of the common corridor for own use are tantamount to encroachment of common property which is violates the said Sub-paragraph 22(2). Hence, the said resolution passed during Annul General Meeting is contravene with Section 32 of SMA 2013 and therefore is invalid.
You may highlight the said violation to the Joint Management Body (“JMB”) or the Committee and request JMB to demand the said owner to restore the said corridor to its original state and condition. Should no action taken by JMB, you may file a claim to Strata Management Tribunal, applying for an order to require the said owner to do the said restoration.
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