The Petaling Jaya City Council wants to restrict residents’ associations from imposing conditions on entering and exiting their housing estates.
MBPJ is appealing a Court of Appeal ruling allowing the Parkville residents’ association to require non-members to operate boom gates themselves.
Yesterday, a three-member bench of the apex court chaired by Chief Judge of Malaya Zabidin Diah said MBPJ had crossed the threshold under section 96 of the Courts of Judicature Act 1964 to have the merits of its appeal heard. MBPJ also asked that the apex court consider whether a registered association can prevent or impede the access of non-paying residents and non-association members to public roads through boom gates.
In its decision, a three-member Court of Appeal bench chaired by Justice Has Zanah Mehat said there had to be a balance between the interests of the community as a whole and those of non-paying residents. That ruling overturned a High Court decision handed down last year which held that the residents’ association could not impose such conditions on those who refuse to pay the monthly service fees.
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