The Court of Appeal has upheld the High Court's decision, confirming that the clubhouse and pool in question are classified as common property.
The developer was found liable for multiple legal wrongs, including:
This ruling reinforces the principle that amenities such as clubhouses and pools, intended for shared use within residential developments, belong collectively to all unit owners rather than any single party.
"The developer committed conversion, fraud, breach of trust and unjust enrichment."
The court's decision affirms that shared facilities like clubhouses and pools are common property, emphasizing accountability for developers misappropriating such assets.