Sunday, August 24, 2008

Anyone Can Offer Any Comments?

As the Treasurer of this JMB, I have encountered two financial doubts with the Developer which we are in the process of final Handover.

1. They have been charging a certian sum as Management Fees every month and over these 10 years, the sum could sum up to RM1.32M - is this sum charged by them legal and acceptable?

2. In addition, they have also been taking Directors Fees of varing sum, about 50k to 99k per annum over the years - this again is this fees justifiable and acceptable?

As developer pending handover to the JMB, isnt it their obligation to manage the project until the strata title is issued. At the point of writing, our strata title is still pending.

Tuesday, August 12, 2008

CoB appointments on councils should be full time – by Goh Ban Lee

The SUN Tuesday 12 Aug 2008

Petaling Jaya mayor Datuk Mohamad Roslan Sakimin recently urged that local council presidents and mayors be relieved of the Commissioner of Buildings (CoB) appointment. This was supported by Subang Jaya Municipal Council president Datuk Adnan Md Ikhsan qnd Kajang Municipal Council president Datuk Hassan Nawawi Abd Rahman ( The Star Aug 5,2008 ).

This public appeal was not only rare, but also out of character of local council presidents or mayors. Indeed, some might see this as inappropriate since the appointment of local council chiefs to be CoB was the brain-child of the federal government and implemented by the state governments.

On the contrary, they should be commended for speaking out. Although they are seconded from the civil service, as heads of governments, albeit the lowest tier, they should voice out their opinion if something is not working effectively.

More importantly, their appeal should be considered seriously. The post of CoB is a very recent creation following the enactment of the Building and Common Property ( Maintenance and Management ) Act 2007 (BCPMM Act ) to institute a systematic procedure in the maintenance and management of properties with strata land titles. This is the result of numerous complaints about very poor management, including cheating by property developers which used to manage their projects long after completing them.

CoB is to implement the BCPMM Act and Parts Vl and Vll of the Strata Title Act. This basically involves ensuring that entities that manage strata titled-properties, be they Joint Management Bodies (JMB) or Management Corporations (MC), function according to the law and maintain proper accounts and property owners fulfill their obligations. For instance CoB has authority to institute actions against errant office bearers of JMB and MC and property owners who refuse to pay maintenance fees.

In other words, CoB plays a very important role in the quality of life of millions of people living and working in multi-storied apartments, shopping centers and most gated communities. The interests of the owners of such properties are also involved.

As such, the Ministry of Housing and Local Government should be commended for the enactment of BCPMM Act. However, while there might be legitimate reasons to appoint presidents or mayors of local authorities to be CoB, it is now clear that this is ill advised.
Even though the functions of local authorities have diminished since the last decade or so and about to be reduced further with the implementation of the Solid waste and Public Cleansing Management Act and the Solid Waste and Public Cleansing Corporation Act, there are still a lot on their plates. More significantly, they are still not able to handle

Monday, August 11, 2008

Condo officials ignorant of their rights

http://thestar.com.my/metro/story.asp?file=/2008/8/12/central/1766226&sec=central

By LIM CHIA YING
MANY officials of joint management bodies (JMBs) of high-rise apartments and condominiums have no idea about the provisions of the Building and Common Property (Management and Maintenance) Act 2007 and are often unclear about their rights under the act, according to Subang Jaya assemblyman Hannah Yeoh.
Yeoh said she observed this when dealing with the JMBs in the Subang Jaya municipality, who had come to seek her advice on management problems.
“When it comes to high-density units, the JMBs have no experience managing the building,” she said.
“Despite attending training sessions organised by the Subang Jaya Municipal Council (MPSJ), many JMB officials still do not fully understand the rules and regulations involved,” she said.
“The JMB officials are still vague over their powers and there have been cases where their water and electricity supply are cut due to unpaid arrears by developers,” Yeoh said.
She said this was why she had conducted the recent JMB session in Bahasa Malaysia for the JMB representatives of Angsana Apartments in USJ 1 at the nearby Tabika Kemas to help them understand.
For the session, Yeoh also took along Mak Khuin Weng and Tengku Nazaruddin Zainudin who are familiar with issues related to condomiums and high-rise living.
“Mak and Nazaruddin have been giving talks and advising people in the Klang Valley on the JMBs. Hence, I asked their help to look into the JMBs woes of Angsana Apartments,” she said.
According to Angsana JMB Block C and E chairman Hazlan Omar, he only has a photocopy of the certificate of establishment issued by the MPSJ in March.
Mak said a photocopy was not good enough and the original certificate was required for the JMB to open a bank account.
“You need to either get the original certificate from the MPSJ or the developer,” he told the JMB committee.
“After that, you will need to write a letter to the developer to obtain the current set of accounts, and then get a list of house owners. Without the list, you won’t be able to do your maintenance collection later on as you would not know who has paid and who has not,” Mak said.
The Angsana has eight blocks of apartments managed by four JMBs.
Currently, each apartment pays RM35 a month to the developer as maintenance fee.
Mak suggested that the JMB officials buy a copy of Building and Common Property Act guidebook, which costs only RM15 each, to read up on building management.
According to Yeoh, the original certificate is issued by the commissioner of building (CoB). The MPSJ president and all other local council presidents and city mayors are the de facto CoBs of their respective municipalities.
“I will raise the JMB issue at the next state assembly sitting so that the people will know where to go when faced with problems,” she said.
Yeoh said at the Angsana. there were many tenants, including foreigners and it was difficult to trace the owners of these rented units.
“Moreover, their public hall has been occupied by a political party so they have no place to meet,” she said.

Monday, August 4, 2008

Woes related to high-rise living

http://thestar.com.my/metro/story.asp?file=/2008/8/5/central/1688343&sec=central

By GEETHA KRISHNAN and TAN KARR WEI
THE high-rise pressure-cooker lifestyle is causing temperatures to rise among residents of apartments and condominium units, resulting in constant confrontation and conflicts between them and their joint management committees (JMCs).
Feuds, veiled threats, aggressive actions and even run-ins with the law are common features of the high-rise dwelling culture.
The common grouses include the usual disputes over sinking funds, maintenance charges, insurance, house rules and parking bays.
Iskandar: The state government was aware of problematic JMBs.
The more serious cases involve accusations of cronyism and covert dealings have also been hurled.
Under the Building and Common Property (Management and Maintenance) Act 2007, a developer is required to form a joint management body (JMB) to oversee the management and operation of the common areas at its high-rise projects.
The developer is given 12 months from the date of vacant possession to set up a JMB before strata titles can be issued.
The committee should comprise two representatives from the developer and eight to 12 owners of apartment or condominium units.
The Building and Common Property (Management and Maintenance) Act 2007 is meant to protect buyers and complements the Strata Titles Act.
National House Buyers Association secretary-general Chang Kim Loong, however, feels that it is still a long process for strata titles.
“The Building and Common Property (Management and Maintenance) Act 2007 is new. Hence, there are teething problems,” he said.
“The Federal Government, especially the Housing and Local Government Ministry, must be pro-active in educating both developers and buyers through means like proper guidelines, a hotline or even conducting brief courses,” Chang said.
Hasan Nawawi: It is hard for local authorities to concentrate on JMBs.
“One reason there is feuding and uncertainty is because the act is there but the regulations are not in place. Another reason is with power lumbered over to buyers. Everyone seems to have a personal agenda and think the JMB is a gold mine,” he said.
“The residents associations and the Rukun Tetangga are powerless in raising and articulating issues because of legal restraints as the JMB, as a corporate body, can sue and be sued. Hence, although the residents associations can be consulted for checks-and-balances, they are hesitant to address the real issues,” Chang said.
The authority in this matter is the Commissioner of Buildings (CoB).
As a legal adviser, the CoB must determine the service charge of a property, ensure the building is insured, audit the building management fund, enforce house rules and advise on late payment interest for maintenance and service charges.
According to Chang, the Selangor Housing and Real Property Board (LPHS) previously performed the functions of the CoB but the Federal Government, through the Building and Common Property (Management and Maintenance) Act 2007, felt that local authorities should be entrusted with the job.
Chang feels that the board should continue to have control over the JMBs and delegate its tasks through sub-CoBs, which should comprise individuals familiar with housing and local government issues while having the necessary skills and qualifications to resolve disputes.
According to Selangor Housing, Building Management and Squatters Committee chairman Iskandar Abdul Samad, the state is aware of problematic JMCs and has plans to take over inefficient committees through local councils.
Not too smooth: In some cases, problems have arisen between residents and the JMBs.
Iskandar said the housing board would serve as mediator when deemed necessary.
Residents of apartments and condominium units want to be informed and educated about their rights, according to S. C. Lim, the adviser of the Pelangi Damansara Blocks G-K joint management committee (JMC).
Residents association chairman Anthony Goh, meanwhile, said there were members with various types of expertise and this was a great help in the selection of personnel for the formation of the JMC.
Damansara Sutera JMC chairman Jeffrey Chan said residents should find common grounds when dealing with developers so issues could be raised and amicably settled.
However, for residents of the Palm Court Apartments in Brickfields, it has not been smooth sailing. There are frequent disputes between the tenants, owners and the JMC.
All mayors and local council presidents are de facto Commissioners of Buildings (CoB).
Petaling Jaya mayor Datuk Mohamad Roslan Sakiman, however, feels that there should be an independent body to handle the formation of joint management bodies (JMBs).
At present, the CoB functions through the Petaling Jaya City Council (MBPJ) property management and assessment department.
“The responsibility should not be placed in the hands of the local authorities. We need employees who are trained in this issue to handle the workload,” Roslan said.
Adnan: We have to re-deploy employees to deal with JMB issues.
For example, he said the council accounting team would have to audit the accounts of the condominium before a certificate for a JMB is issued.
“Our legal team also has to work on it on top of the other council related matters that they have to attend to,” Roslan said.
Subang Jaya Municipal Council (MPSJ) president Datuk Adnan Md Ikshan said so far, there were 212 condominiums with strata titles and 80 JMBs in the municipality with 36 cases still pending.
“We don’t have a special department to handle the JMB issues. We have to re-deploy employees to work on it,” Adnan said.
However, there is one accounting personnel from the federal government helping the MPSJ employees.
Kajang Municipal Council (MPKj) president Datuk Hasan Nawawi Abd Rahman agreed that there should be an independent body appointed as the CoB.
“There are many problems relating to the formation of the JMBs and it is hard for the local authorities to concentrate on them because we have other issues that we should be working on,” Hasan said.
Meanwhile, Local Government, Research and Studies Committee chairman Ronnie Liu said the state government was still studying the proposal to relieve the local authorities of the responsibilities of the CoB.
Getting to grips with high-rise living
RESIDENTS of apartments and condominium units want to be informed and educated about their rights, according to S. C. Lim, the adviser of the Pelangi Damansara Blocks G-K joint management committee (JMC).
Residents association chairman Anthony Goh, meanwhile, said there were members with various types of expertise and this was a great help in the selection of personnel for the formation of the JMC.
Damansara Sutera JMC chairman Jeffrey Chan said residents should find common grounds when dealing with developers so issues could be raised and amicably settled.
However, for residents of the Palm Court Apartments in Brickfields, it has not been smooth sailing . There are frequent disputes between the tenants, owners and the JMC.

Local councils prefer independent body to handle JMBs

http://thestar.com.my/metro/story.asp?file=/2008/8/5/central/20080804215449&sec=central

ALL mayors and local council presidents are de facto Commissioners of Buildings (CoB).
Petaling Jaya mayor Datuk Mohamad Roslan Sakiman, however, feels that there should be an independent body to handle the formation of joint management bodies (JMBs).
At present, the CoB functions through the Petaling Jaya City Council (MBPJ) property management and assessment department.
“The responsibility should not be placed in the hands of the local authorities. We need employees who are trained in this issue to handle the workload,” Roslan said.
For example, he said the council accounting team would have to audit the accounts of the condominium before a certificate for a JMB is issued.
“Our legal team also has to work on it on top of the other council related matters that they have to attend to,” Roslan said.
Subang Jaya Municipal Council (MPSJ) president Datuk Adnan Md Ikshan said so far, there were 212 condominiums with strata titles and 80 JMBs in the municipality with 36 cases still pending.
“We don’t have a special department to handle the JMB issues. We have to re-deploy employees to work on it,” Adnan said.
However, there is one accounting personnel from the federal government helping the MPSJ employees.
Kajang Municipal Council (MPKj) president Datuk Hasan Nawawi Abd Rahman agreed that there should be an independent body appointed as the CoB.
“There are many problems relating to the formation of the JMBs and it is hard for the local authorities to concentrate on them because we have other issues that we should be working on,” Hasan said.
Meanwhile, Local Government, Research and Studies Committee chairman Ronnie Liu said the state government was still studying the proposal to relieve the local authorities of the responsibilities of the CoB.

Sunday, August 3, 2008

When Your Management Does Not Form The JMC

http://www.nst.com.my/Current_News/NST/Monday/Frontpage/2311090/Article/index_html

Taking matters into their own handsBy R. Anbustreets@nstp.com.my


KLANG: Owners and residents of Prima Bayu Apartments in Bayu Perdana here took charge and formed a joint management body to address problems on maintenance following the developer's failure to respond to the set up.
Residents' Association chairman P. R. Rajah said the body had to be formed, although under the law the management body should comprise the developer and residents. He said a letter was sent to the developer urging it to set up the management body, but there was no response."Following which residents lodged a complaint with the Commissioner of Buildings, which is under the Klang Municipal Council."The council appointed an agent to help us form the joint management body which was supposed to comprise the residents and the developer. But the developer did not turn up."This is the first meeting where an agent has been appointed to help us form the body," he said at the meeting recently.
In the absence of developer Palm Grove Sdn. Bhd, the meeting was conducted by Peter Chong, the agent appointed by the council. Rajah was elected as chairman of the joint management body, Albert Yeow as deputy chairman, V. Gunaseelan as secretary and V. Kalaisilvan as treasurer.Prima Bayu comprises 672 apartments with 3,000 residents. Not all are owners, some companies have rented the flats to house their workers.Rajah said the residents have had various problems especially on maintenance and security.Klang MP Charles Santiago, who was present at the meeting, advised developers in Klang to work closely with residents to work out complaints and problems."Many complaints from residents of apartments have been about the lack of maintenance and the developers' lackadaisical attitude."