Chee Hoe & Associates

22/07/2026

On 20 July 2026, the Court of Appeal overturned a summary judgment that risked stripping the Orang Asli of Jakun Tribe 101.17 hectares of their ancestral land.

Instead, they ordered a full trial to hear the case in its entirety.

The core issue of "𝐰𝐡𝐞𝐭𝐡𝐞𝐫 𝐧𝐚𝐭𝐢𝐯𝐞 𝐜𝐮𝐬𝐭𝐨𝐦𝐚𝐫𝐲 𝐫𝐢𝐠𝐡𝐭𝐬 𝐨𝐯𝐞𝐫 𝐥𝐚𝐧𝐝 (𝐞𝐧𝐣𝐨𝐲𝐞𝐝 𝐛𝐞𝐟𝐨𝐫𝐞 𝐚𝐥𝐢𝐞𝐧𝐚𝐭𝐢𝐨𝐧) 𝐰𝐢𝐥𝐥 𝐩𝐫𝐞𝐯𝐚𝐢𝐥 𝐨𝐯𝐞𝐫 𝐚 𝐫𝐞𝐠𝐢𝐬𝐭𝐞𝐫𝐞𝐝 𝐭𝐢𝐭𝐥𝐞" remains to be determined.

The profound bond between the Orang Asli and their customary land is a serious triable issue that deserves a full, fair hearing—not a quick dismissal.

Land is not just property to the Orang Asli; it is their culture, history, and survival.

Lets stand alongside the community to defend their ancestral heritage. ✊🏾✨

https://cheehoe.com/native-customary-rights-case-update-court-of-appeal-rules-customary-rights-claims-cannot-be-summarily-dismissed-by-affidavits-alone/

15/07/2026

Download grounds of judgment below.
https://cheehoe.com/case-update-high-court-rules-successful-bidder-through-an-auction-purchaser-not-liable-for-historical-strata-arrears-incurred-by-liquidated-predecessor/

06/07/2026

On 9 July 2026, our partner Lai Chee Hoe will be speaking alongside the Director of Survey and Mapping of Selangor, (JUPEM Selangor) Looi Kam Seng on the requirements of JUPEM when one deals with provisional blocks and the complexities surrounding phased developments. If you wish to join, kindly contact the organiser at 𝐡𝐭𝐭𝐩𝐬://𝐰𝐚.𝐦𝐞/𝟔𝟎𝟏𝟔𝟗𝟖𝟔𝟖𝟒𝟑𝟔

https://cheehoe.com/housing-development-seminar-2026-series-2-how-to-deal-with-recent-key-issues-affecting-housing-developments/

09/06/2026

𝐒𝐄𝐌𝐈𝐍𝐀𝐑 𝐑𝐄𝐂𝐀𝐏: 𝐄𝐀𝐒𝐓 𝐂𝐎𝐒𝐓 (𝐊𝐔𝐂𝐇𝐈𝐍𝐆): 𝐒𝐭𝐫𝐚𝐭𝐚 𝐒𝐞𝐦𝐢𝐧𝐚𝐫 𝐒𝐞𝐫𝐢𝐞𝐬 𝐍𝐨. 𝟏/𝟐𝟎𝟐𝟔

𝐒𝐭𝐫𝐚𝐭𝐚 𝐌𝐚𝐧𝐚𝐠𝐞𝐦𝐞𝐧𝐭 𝐢𝐧 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞 – 𝐋𝐞𝐠𝐚𝐥 𝐂𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞, 𝐅𝐢𝐧𝐚𝐧𝐜𝐢𝐚𝐥 𝐑𝐞𝐜𝐨𝐯𝐞𝐫𝐲, 𝐚𝐧𝐝 𝐃𝐢𝐬𝐩𝐮𝐭𝐞 𝐏𝐫𝐞𝐯𝐞𝐧𝐭𝐢𝐨𝐧

We are thrilled to wrap up a successful and interactive session at the Imperial Hotel, Kuching on Friday, 15 May 2026. Our Senior Partner, Mr. Lai Chee Hoe, returned to East Malaysia to share vital practical insights into navigating complex strata laws.

The full-day event brought together property managers, building owners, legal professionals, and strata management tribunal presidents.

🔑 𝐊𝐞𝐲 𝐓𝐚𝐤𝐞𝐚𝐰𝐚𝐲𝐬 & 𝐃𝐢𝐬𝐜𝐮𝐬𝐬𝐢𝐨𝐧 𝐇𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭𝐬

⚖️ 𝐒𝐞𝐬𝐬𝐢𝐨𝐧 𝟏: 𝐆𝐨𝐯𝐞𝐫𝐧𝐚𝐧𝐜𝐞 & 𝐋𝐞𝐠𝐚𝐥 𝐅𝐫𝐚𝐦𝐞𝐰𝐨𝐫𝐤𝐬
-Clarified the distinct boundaries, duties, and statutory powers governing Developers and Management Corporations.
-Addressed the critical personal liabilities and legal exposure that committee members face
-Highlighted common governance pitfalls to help committees safeguard their operations

⚖️ 𝐒𝐞𝐬𝐬𝐢𝐨𝐧 𝟐: 𝐃𝐞𝐯𝐞𝐥𝐨𝐩𝐞𝐫 𝐏𝐢𝐭𝐟𝐚𝐥𝐥𝐬 & 𝐌𝐚𝐢𝐧𝐭𝐞𝐧𝐚𝐧𝐜𝐞 𝐂𝐡𝐚𝐫𝐠𝐞𝐬
-Presented the test in determining maintenance charges and sinking funds.
- Explored pressing perennial problem of uniform rate vs multiple rates, including a comparative look at recent different-rate charging cases in Peninsular Malaysia.
- Addressed critical mechanics regarding unsold units and the limits of sinking fund usage.

💰 𝐒𝐞𝐬𝐬𝐢𝐨𝐧 𝟑: 𝐃𝐞𝐛𝐭 𝐑𝐞𝐜𝐨𝐯𝐞𝐫𝐲 & 𝐓𝐫𝐢𝐛𝐮𝐧𝐚𝐥 𝐉𝐮𝐫𝐢𝐬𝐝𝐢𝐜𝐭𝐢𝐨𝐧𝐬
-Provided step-by-step guidance on demanding for outstanding maintenance charges and sinking fund and executing Strata Management Tribunal awards.
-Dissected the utilization of Form 14 and Form 23.
-Analyzed a landmark, highly relevant question for our hosts: Can the Strata Management Ordinance (SMO) 2019 be applied retrospectively in Sarawak?

🤝 𝐒𝐞𝐬𝐬𝐢𝐨𝐧 𝟒: 𝐃𝐢𝐬𝐩𝐮𝐭𝐞 𝐏𝐫𝐞𝐯𝐞𝐧𝐭𝐢𝐨𝐧 & 𝐇𝐢𝐠𝐡-𝐂𝐨𝐧𝐟𝐥𝐢𝐜𝐭 𝐄𝐧𝐯𝐢𝐫𝐨𝐧𝐦𝐞𝐧𝐭𝐬
-Analyzed real-life case studies to unpack why most strata disputes ignite
-Shared actionable frameworks for managing difficult residents and de-escalating high-conflict environments.
-Outlined preventive governance systems and policy compliance checks every MC should adopt

https://cheehoe.com/seminar-recap-east-cost-kuching-strata-seminar-series-no-1-2026/

20/05/2026

We are pleased to announce that our team, led by our Partner, Chee Hoe, Deyvinah and Chris Low has successfully argued and secured a landmark victory before the Court of Appeal in Mayland Supreme Sdn. Bhd. v Beh Li Wan & 22 Ors (and 9 other related appeals).

The Court of Appeal's decision establishes critical legal boundaries concerning the Minister's powers under Section 38C of the COVID-19 Temporary Measures Act (Act A1641) and Section 35 of Act 829.

Broad grounds can be downloaded from the link below:

A.Brief Facts

13/05/2026

𝐃𝐨𝐞𝐬 𝐚 𝐩𝐚𝐫𝐞𝐧𝐭 𝐜𝐨𝐦𝐩𝐚𝐧𝐲’𝐬 𝐥𝐨𝐬𝐬 𝐣𝐮𝐬𝐭𝐢𝐟𝐲 𝐚 𝐬𝐮𝐛𝐬𝐢𝐝𝐢𝐚𝐫𝐲'𝐬 𝐫𝐞𝐭𝐫𝐞𝐧𝐜𝐡𝐦𝐞𝐧𝐭? ✈️

We are pleased to share a landmark decision from the Court of Appeal in the case of our client, a former co-pilot with AirAsia.

The court's unanimous ruling clarifies a critical boundary in employment law:

The separate legal entity principle. The court held that a subsidiary cannot justify retrenchment based on the consolidated losses of its parent company without standalone financial proof of its own hardship.

𝐊𝐞𝐲 𝐋𝐞𝐠𝐚𝐥 𝐓𝐚𝐤𝐞𝐚𝐰𝐚𝐲𝐬:
𝐒𝐭𝐚𝐧𝐝𝐚𝐥𝐨𝐧𝐞 𝐀𝐬𝐬𝐞𝐬𝐬𝐦𝐞𝐧𝐭: A subsidiary’s financial health must be assessed on its own merits.

𝐖𝐞𝐚𝐩𝐨𝐧𝐢𝐳𝐢𝐧𝐠 𝐌𝐞𝐝𝐢𝐜𝐚𝐥 𝐋𝐞𝐚𝐯𝐞: The court rightly noted that taking medical leave is a safety imperative—especially for pilots—not a performance failure to be used as a basis for dismissal.

𝐈𝐧𝐝𝐮𝐬𝐭𝐫𝐢𝐚𝐥 𝐅𝐚𝐢𝐫𝐧𝐞𝐬𝐬: Disregarding the "last-in, first-out" (LIFO) principle and failing to explore alternatives like retraining or unpaid leave demonstrates a lack of industrial fairness.

Justice for the employee was delayed, but ultimately not denied. Congratulations to the team, LAI CHEE HOE 赖志豪, Deyvinah Ganesalingam and Low Yen Hau, for their hard work on this case.

https://www.freemalaysiatoday.com/category/nation/2026/04/14/ex-airasia-pilot-wins-final-appeal-over-wrongful-dismissal

09/05/2026

𝐒𝐄𝐌𝐈𝐍𝐀𝐑 𝐑𝐄𝐂𝐀𝐏: 𝐒𝐓𝐑𝐀𝐓𝐀 𝐌𝐀𝐍𝐀𝐆𝐄𝐌𝐄𝐍𝐓 𝐒𝐄𝐑𝐈𝐄𝐒 𝟐 𝐨𝐟 𝟐𝟎𝟐𝟔

https://cheehoe.com/seminar-recap-strata-management-series-2-of-2026/

22/04/2026

𝐌𝐚𝐬𝐭𝐞𝐫𝐢𝐧𝐠 𝐒𝐭𝐫𝐚𝐭𝐚 𝐌𝐚𝐧𝐚𝐠𝐞𝐦𝐞𝐧𝐭: 𝐉𝐨𝐢𝐧 𝐮𝐬 𝐟𝐨𝐫 𝐒𝐞𝐫𝐢𝐞𝐬 𝟐!

We are excited to announce that our partner Chee Hoe will be speaking at the upcoming Strata Management Seminar 2026 (Series 2).

💡 𝐖𝐡𝐲 𝐬𝐡𝐨𝐮𝐥𝐝 𝐲𝐨𝐮 𝐣𝐨𝐢𝐧 𝐭𝐡𝐢𝐬 𝐬𝐞𝐬𝐬𝐢𝐨𝐧?

Strata management is becoming increasingly complex with new landmark court decisions and evolving regulations. He will be breaking down the "how-to" of high-stakes topics, including:

𝐔𝐧𝐢𝐟𝐨𝐫𝐦 𝐯𝐬. 𝐃𝐢𝐟𝐟𝐞𝐫𝐞𝐧𝐭 𝐑𝐚𝐭𝐞𝐬 𝐨𝐟 𝐂𝐡𝐚𝐫𝐠𝐞𝐬: Understanding the tests propounded by the Pearl Suria and Gurney Paragon cases.

𝐓𝐡𝐞 𝐇𝐚𝐧𝐝𝐨𝐯𝐞𝐫 𝐁𝐥𝐮𝐞𝐩𝐫𝐢𝐧𝐭: Navigating the transition from Developer to JMB/MC, including the statutory timelines and handling funds when accounts aren't yet open.

𝐀𝐆𝐌 𝐄𝐱𝐜𝐞𝐥𝐥𝐞𝐧𝐜𝐞:How to correctly convene the 1st AGM, meeting the 25% threshold, and dealing with tricky voting eligibility issues.

📅 𝐄𝐯𝐞𝐧𝐭 𝐃𝐞𝐭𝐚𝐢𝐥𝐬
Topic: Implementing Best Practices and Procedures for Strata Property Management
Date: 7 May 2026
Venue: Concorde Hotel Kuala Lumpur
CPD: 5 CPD Hours Applied (BOVAEP / LPPEH)

🎟️ Secure Your Spot
Take advantage of the Early Bird Rate of RM950 if you register by 30 April 2026! Groups of 3 or more also enjoy an additional 5% discount

We look forward to seeing you there and tackling these strata challenges together.

https://cheehoe.com/strata-management-seminar-2026-series-2-implementing-best-practices-and-procedures-for-strata-property-management/

To Register:
📧 Email: [email protected]
📱 WhatsApp: +6016 602 3379

24/03/2026

Our Partner Lai Chee Hoe will be speaking at the Housing Development Seminar 2026 (Series 1)! Join him and a panel of experts from the National Housing Department (KPKT) as we dive into the latest industry challenges and landmark legal decisions

📅 Date: 9 April 2026 (Thursday)
📍 Venue: Concorde Hotel, Kuala Lumpur
🎓 CPD Points: 5 CPD Hours Applied (BOVAEP / LPPEH) (p. 1)

This intensive 1-day seminar is designed for property developers, legal practitioners, project managers, and owners to stay ahead of the curve. His session will focus on:
Defects under the Housing Development Act:
How to handle SPA defects and possible defenses

Common Property Defects:
Understanding the mechanism and locus standi for claims

Other Key Topics include:
Developer duties regarding Housing Development Accounts (HDA)
The transition to E-SPA: Navigating E-Signatures and E-Stamping

Click below for more details:
https://cheehoe.com/housing-development-seminar-2026-series-1-how-to-ensure-the-best-practices-and-procedures-for-the-housing-development-sector/

26/02/2026

https://theedgemalaysia.com/node/794024

𝐖𝐚𝐭𝐞𝐫 𝐥𝐞𝐚𝐤𝐚𝐠𝐞 between semi-detached villas or strata units isn't just a maintenance issue — 𝐢𝐭'𝐬 𝐚 𝐥𝐞𝐠𝐚𝐥 𝐨𝐧𝐞

We are currently representing homeowners in a villa dispute in Bukit Kiara involving alleged seepage from a shared party wall that has persisted since 2021. This case highlights critical aspects of Strata Management Act 2013, including:

Mandatory Rectification: Owners' obligations to 𝐟𝐢𝐱 𝐥𝐞𝐚𝐤𝐬 𝐚𝐭 𝐭𝐡𝐞 𝐬𝐨𝐮𝐫𝐜𝐞.

The legal framework governing shared boundaries under the 𝟐𝟎𝟏𝟓 𝐒𝐭𝐫𝐚𝐭𝐚 𝐌𝐚𝐧𝐚𝐠𝐞𝐦𝐞𝐧𝐭 (𝐌𝐚𝐢𝐧𝐭𝐞𝐧𝐚𝐧𝐜𝐞 𝐚𝐧𝐝 𝐌𝐚𝐧𝐚𝐠𝐞𝐦𝐞𝐧𝐭) 𝐑𝐞𝐠𝐮𝐥𝐚𝐭𝐢𝐨𝐧𝐬 𝟐𝟎𝟏𝟓

If you are facing similar property defects, knowing your rights under the Strata Management Act is the first step toward a resolution.