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Joint-management body a must now for high rises

7 May 2007 - 1:46pm

Monday May 7, 2007(Star)

Form management body or be fined

By DAVID TAN

DEVELOPERS who do not form a joint management body with residential high-rise property owners can be fined from RM20,000 under the newly implemented Building and Common Property (Management and Maintenance) Act 2007.

Jelutong MP Datuk Lee Kah Choon said the Act also allowed for the setting up of the commissioner of building (COB), headed by the president of the local council, to ensure that the joint management body was formed.

“A joint management body has to be formed under this new Act for all high-rise residential properties before they obtain their strata titles.

“This means once vacant possession of the unit is handed over to the buyer and maintenance fee is collected,” he said.

Lee spoke after officiating a seminar on high-rise living at the state Gerakan headquarters in Penang. 

“The new Act also allows the joint management body and COB to take action against owners of high-rise units who fail to settle their maintenance fees. 

“The new Act empowers them to apply for a writ of seizure from the state land and mines depart-ment to confiscate the properties in a high-rise unit that owe maintenance fees.

“The confiscated properties will be auctioned off to settle the outstanding maintenance fees,” he said.

Lee added that there were about 455,000 residential high-rise units in the country with about two million dwellers.

“COB and the joint mana-gement body are the proper channels to which they can forward their complaints should they encounter management and maintenance problems,” he said.

 

Comments

7 May 2007 - 4:20pm — Guest

Joint-management body a must now for high rises

1. The relationship between Developer and the Purchasers are binded by the HDA. Therefore, had HDA been amended to the effect that the Developer and Purchasers should be binded by Building and Common Property (Management and Maintenance) Act 2007?

2. Did the "Building and Common Property (Management and Maintenance) Act 2007" (say CPA 2007) has an stipulation that how the Developer and Purchasers come into a "legal relationship" to be under the CPA?

Please read carefully:

Building and Common Property (Maintenance & Management) Bill

CPA had no jurisdiction on Developer and purchasers under the HDA!!!

HDA had no jurisdiction under CPA or vice versa!!

HDA had been in place for many many years on the Relationship of Developer and Purchasers. But, did MOH do it properly or care to do so?

STA was meant to be for the Management of Common Properties & Areas for many many years. But, they cannot live up to the STARTING point of even providing the Purchasers in time - the Strata Title!

HAVING ANOTHER ACT UNDER ANOTHER ARM OF MOH (THE LOCAL COUNCIL) IS HUMILIATING!!

PLEASE CLARIFY THE RELATIONSHIP AND ENFORCEABILITY OF THE THREE ACTS - HDA, STA AND CPA BEFORE PROMOTING CPA. Drive your fellow "voters" with a CLEAR understanding for their Rights under the Laws and not to promote confusion and the kind of oppression under some kind of Law that is DISTURBING, CONFUSING and FRAGILE.

Further, is the following confusing, if the act is to be under "the commissioner of building (COB), headed by the p

resident of the local council"

----

“The new Act empowers them to apply for a writ of seizure from the state land and mines depart-ment to confiscate the properties in a high-rise unit that owe maintenance fees.

---

The later is somewhat a stipulation as Section 53A of the Strata Title Act 1985 amended in around 2002

If one can realize how many amendments been made Pay for the chicken to enjoy eggs........

NO WONDER IT IS CONFUSING!! The only results with the amendments!!

Study the history and see the deepening of Abuse on Purchasers' Rights under these amendments!!Speak Legally and not Politically, if any politician wish to advice their "voters" accordingly.

CPA is copying something in existing for years which had not been enforced and NOW into NEW hands!!

 

7 May 2007 - 11:51pm — Guest

Law without enforcement is NIL...

The Amendments of new laws to supersede the old ones look like to benefit more for the accomodation dwellers in highrise buildings but the result is yet to be seen! However, the most exulted-felt sectors are immediately seen as those law books publisher (ILBS), Popular Books Store, the books vendors etc. To them, amendments of laws means new editions or revised additons to the law books and thus helps them to increase sales volume, that might be million-dollars worth of business!

When I first bought my copy of Strata Titles Act 1985 (Act 318), it was way back in 1995. Till date I have followed the amendment trend up to the latest copy I have now as at 1st Novemeber 2004, and this has also believed to be outdated! When I take stock of my book shelf, I discovered not less than half-dozen in my possession. And that is only for Act 318! In fact, I own more law books than my Lawyer Kalimuthu!

My kampung folks used to nickname me "See Fool" (meaning master) and some prefer to call me "lawyer buruk" and I really enjoyed such "respects" from them! This is part of the good benefits that I could get from the move of amendments of laws! Most of my people here know that I may be the only one here who could keep up with the trends!

Will this be of use? The never ending process of going for amendments on the Acts, Act 118, 318, blah, blah etc.?! Is it going to be of practical use and effect to solve the thousands and one tonnes of problems ever being faced by the millions of "parcel proprietors"?! I don't mind to boost myself up that I won't feel shy-shy to self-proclaim myself as proponent of Strata Titles Act (Act 318) in my kampung! In order to convince you, I quote the example of my Lawyer, Mr Kali who used to trouble me whenever he came across cases of housing blues, called me with very demanding tone- "Hey Frank, come to my office and meet my Clients they want to fight a case with the Developer and I NEED YOUR ADVICE!" Great not?!

2nd example was, I went with a group of 'Councils' to PTG having meeting with Strata Titles Board to thrash out some problems between the MC and the Parcel Proprietors and the Dr. President was so impressed with my knowledge of Act 318, one of the officer curiously threw me a question - "Are you a Lawyer in profession?", that really threw me up high to the sky which made me drifting in the air for hours due to his overwhelming remarks! I did enjoy all those as compliments!

SO WHAT, THEN?! They are all on papers! The government machinery is just like photocopier, they do works by meeting people, well planned meeting, nice conference rooms, cooling air-cons, serve yourself buffets with cappucino! They spent hours running through papers and read papers photocopied from the books etc etc. Talked on papers, one by one followed the papers! Then the resolution derived - "You wait for the paper reply and that's it", let's have coffee! Cheers!

We can together ask YB Lee KC (he is good YB indeed), being a Lawyer, has he ever tried a case on Strata Titles Act, won and acted on it! I believe he won't be able to give you a good answer! Ask him again- Is there any particular 'State Authority' which is the enforcement body, or rather which is the enforcement body in Penang where we can appeal our grievances pertaining to management of highrise buildings, or put it simple, when my bedroom ceiling leaks (until my pants wet), who can actually enforce the laws on top floor fellow to heal the leaked ceiling and authorise compensation to replace my underwear? Think and think hard if he could be able to guide you with the 'proper avenue'!

SO WHAT AGAIN! We have thousands paragraphs of ACTS and practically No One is being able to EFFECTIVELY ACT on them! What is the use of the ACTS? Will the newly amended ACTS be able to be ACTED UPON by some authoritative government enforcements and WHO IS THE DIRECTOR, he/she supposed to be the most powerful 'gun' to shoot down those Law Breachers/Outlaws?! Where are THEY and have their guns all been loaded?!!!

Therefore, the conclusion:- LAWS WITHOUT ENFFORCEMENTS ARE REDUNDANT! 

Problems are still there piling up! Lives go on! Miserable Ones!!!

(Frank d ocm)

9 May 2007 - 12:34am — Guest

Law without enforcement is NIL...

Frank,

Can you e-mail me your contact for your advice on Housing matters and a choice of GOOD & RELIABLE LAWYER on housing case in SJ?

biocycle2001@yahoo.com

 

29 June 2007 - 3:10pm — Guest

Joint Management Body

Has the developer until April 2008 to form a Joint Management Body or must it be formed now?

When must it be formed?

How do purchasers complain to the C.O.B. What is the address of the C.O.B. in Penang?

29 June 2007 - 5:41pm — ong

The COB is the MPPP president

Call MPPP to contact the president 04-2624400.

Ong BK

Coordinator

PenangWatch