A Sarawak High Court has determined that the 2019 revisions to the state’s Strata Titles Ordinance lack retrospective application. As a result, the developer behind The Wharf mixed‐use development is not accountable for maintenance fees incurred prior to the registration of the strata plans in mid-2022.

Background
• In 2019, Sarawak’s government modified the Strata Titles Ordinance to align with a comparable federal regulation: once a developer transfers common property to the management corporation, they must cover maintenance costs until individual strata titles are issued.
• These changes took effect on July 1, 2022.

The Dispute
• The Wharf’s management corporation—overseeing an integrated waterfront scheme in Kuching—served demand letters on the developer, The Wharf (North) Development Sdn Bhd, requesting payment of maintenance charges dating back to 2017 up to the strata plan’s registration in July 2022.
• The developer contested the demand, arguing that since the 2019 amendments only became operational in 2022, they cannot retroactively impose liability for earlier charges.

High Court’s Ruling
• Justice Amarjeet Singh concurred with the developer. He held that Section 34(2) of the Sarawak Strata Titles (Amendment) Ordinance 2019 carries no retrospective effect and applies solely to periods on or after July 1, 2022.
• Consequently, the court dismissed the claim for maintenance charges that accrued before the strata plan’s registration.

Implications
• Under the 2019 amendments, developers in Sarawak cannot be held liable for maintenance expenses incurred before July 1, 2022—even if the statutory changes were enacted earlier.
• Management corporations must ensure that any demands for developer-borne charges correspond only to periods after the ordinance’s effective date or secure alternative funding for prior maintenance costs.


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Note: Content retrieved automatically from reliable news outlets. For reference purposes only. Confirm project specifics, rates, and investment choices with accredited agents or official developers.

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