A woman previously filed a lawsuit against the management of a Damansara condominium for over RM100,000 after her unit was burglarised seven years ago.
Asma Ahmad Shariff claimed she lost jewellery and valuables worth RM104,200 and had to spend RM4,000 on repairs, according to Harian Metro.
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She accused the management of negligence
Asma decided to take legal action because she believed the management had been negligent and had failed in their duty of care.
The Shah Alam High Court has ruled that the condominium management cannot be held responsible for a burglary that happened inside a private unit.
Judge Dr. Choong Yeow Choy said that while he sympathises with the homeowner, the Strata Management Act (SMA) does not legally require management to provide such security measures. He also noted that any extra security could only be put in place if the residents agreed to it.
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She was required to pay RM10,000
Yeow Choy said the court could not accept the plaintiff’s argument, explaining that the level of security and the management’s responsibilities depend on what the residents agree on and how much they are willing to pay.
“Asma believes she has a legal right to compensation for the losses she and her husband suffered. Her claim is based on a provision in the SMA, which she says imposes a duty on management to maintain and manage security systems for the benefit of residents. She argues that the legal duty to ‘maintain and manage a strata building’ also includes managing the security systems for the residents’ safety,” he said.
He added that the court found the management had already fulfilled its duties by hiring security services to guard the condominium.
“The responsibility is on the plaintiff to prove a breach of duty under the law, and this court finds that she has failed to do so,” he said.
The court has since ordered Asma to pay RM10,000 in costs.
Also read: M’sian Woman Stages Robbery at Pahang Home to Steal Mother-in-Law’s Jewellery Worth RM12k
