Beyond SMA 2013: Contract & Tort Law in Property Management
[5 CPD hours Applied For From LPPEH]
Hartamas Training Centre
Level 13, Block A, Menara Prima, Jalan PJU 1/37, Dataran Prima, 47301, Petaling Jaya, Selangor Darul Ehsan.
Price Per Pax
CPD Seminar
HRD Corp Claimable Course
RM531.00
Note:
- Registration is on a first-come, first-served basis. Seats are confirmed only upon successful registration and payment.
- For non-attendance or withdrawals made within 7 days prior to the event, a 50% refund only will be issued.
- The organizer reserves the right to refuse entry to any person for reasons deemed appropriate.
- In the event of cancellation or postponement of the seminar, participants will be notified and offered a full refund of the amount paid.
- No electronic recording equipment is allowed. Exceptions may apply for authorized media personnel.
Speaker
Mr. Ng Wei Aik
Founder Of Total Property Management Sdn. Bhd. and NI Property Management Sdn. Bhd
Introduction
In Malaysia, many property management practitioners operate under the assumption that the Strata Management Act 2013 (SMA 2013 or known as the Act 757) is the ultimate authority governing all aspects of building management.
While the SMA provides a crucial statutory framework for governance, administration, and compliance, it does not fully address the broader spectrum of legal liabilities faced by property managers, Joint Management Bodies (JMBs), and Management Corporations (MCs).
In reality, the majority of disputes encountered in property management – ranging from contractor failures and water leakage disputes to personal injury claims and security lapses – are ultimately determined by the principles of contract law and tort law, not merely by statutory provisions of the SMA 2013.
This course is designed to bridge that critical gap. It equips participants with a practical understanding of how the Contracts Act 1950 and the principles of tort (including negligence, nuisance, and occupiers’ liability) operate alongside the SMA 2013 in real world scenarios.
Through practical case studies and applied frameworks, participants will learn to move beyond procedural compliance and develop a deeper, risk-based approach to property management.
Seminar Outlne
Module 1: Law of Contract
Understanding the Limits of SMA 2013
- Scope and function of SMA 2013
- Common misconceptions: “SMA is everything”
- When SMA applies—and when it does not
- Void vs Voidable Contract
- Privity of Contract
- Parole Evidence Rule
Fundamentals of Contract Law in Property Management
- Invitation to treat
- Key elements: offer, acceptance, consideration
- Types of contracts in property management:
- Management agreements
- Service/vendor contracts
- Maintenance agreements
- Written vs Unwritten Contract
- Rights, obligations, and enforcement
- Breach of contract and available remedies
How to Establish Contractual Relationship with Non-Owners?
- Tenants & Occupants
- Contractors & Service Providers
- Visitors/Guests
- AirBnB Operators & Guests
- How to recover the arrears leg by the previous owners?
- How to make use of by-laws and additional by-laws?
Service Contract in Property Management
- Service Level Agreement – Carrot and Stick?
- Dragging clear scope of work
- Performance standards and KPIs
- Termination clauses and notice requirements
- Indemnity, liability limitation, and insurance clauses
- Penalty clauses & late payment interests
Module 2: Law of Tort
Introduction to Tort Law
- What is tort? Why it matters in property management
- Key concepts:
- Duty of care
- Breach
- Causation
- Damage
Negligence and Liability in Strata Living
- Personal injury in common areas
- Lig accidents and maintenance failures
- Security lapses and the incidents
- Role of property manager vs JMB/MC
- Vicarious liability
- Contributory negligence
Nuisance and Inter-Unit Disputes
- Water leakage cases
- Noise and disturbance issues
- Illegal renovations
- Legal remedies beyond SMA 2013 & By-laws
Occupiers’ Liability and Risk Exposure
- Duty to ensure safe premises
- Common area hazards
- Preventive measures and documentation
- Volenti non-fit injuria
- Rylands v Fletcher
- Professional negligence – delegable or non-delegable duties?
Integrating SMA, Contract & Tort — A Practical Framework
- Identifying the nature of disputes:
- Statutory vs contractual vs tortious
- OSHA amendments of 2022
- Determining liability
- Choosing the correct legal pathway: Tribunal vs court vs enforcement
[Image source: Freepik]