Developer sued over condo car park

The management corporation of the Villa Emas Condominium in Sungai Nibong is suing its developer for the return of 45 parking bays. It claimed the 45 bays were wrongfully registered to one of its directors and his mother.

Villa Emas Management Corporation named as defendants the director Datuk Low Eng Keong, his mother Lau Siew Lan @ Oo Tiam Moy, the Penang Land and Mines Office’s ownership registrar, and Techware Sdn Bhd.

The management corporation said it received a letter on Nov 24, 2008, from Tenaga Nasional Bhd to vacate the existing open air visitors’ car park for the building of a main distribution substation.

It said it then found out that Low had wrongfully and fraudulently obtained 33 parking bays at the visitors’ car park for two condo units which he had bought, and obtained for Lau 12 parking bays for one condo unit that she had bought.

The management corporation is seeking a declaration that the 45 parking bays were the plaintiff’s common property, and an injunction to restrain Low and Lau from selling, transferring, mortgaging, renting out or carrying out any business activities on the parking bays.

The defendants deny any fraud, and Low and Lau said they had purchased the additional park- ing bays which were rightfully theirs.

Low and Lau claimed the management corporation was stopping them from entering the visitors’ car park by not issuing them with access cards for the 45 bays. They are seeking a mandatory injunction to compel the management corporation to issue the access cards.

The applications by both parties for an interim injunction pending the suit proper was called up before High Court deputy registrar Ahmad Hidayat Md Nor yesterday where the management corporation’s counsel Mohamed Reza Rahim and counsel Ong Yu Shien for Low and Lau agreed that the status quo would be maintained pending the hearing of the applications.

Ahmad Hidayat fixed Oct 26 to hear the applications pending the exchanging of affidavits between both parties. - By Priscilla Dielenberg (The Star)

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