CONDOMINIUM, APARTMENT and HIGHRISE COMMITTEE

Good News Ahead?

2010-11-18T21:18:00.000-08:00

Good news for housebuyers
By RACHAEL KAM
rachael@thestar.com.my

PETALING JAYA: Strata titles for properties like condominiums, apartments and flats will be issued simultaneously when buyers get their keys under a proposed amendment to the current law.

National House Buyers Association honorary secretary-general Chang Kim Loong said this was among its proposals, which had been approved by the Housing and Local Government Ministry, to be tabled in Parliament by March next year.

“This will prevent errant developers from not applying for strata titles after having received the full amount,” Chang said in an e-mail interview.

He said the Housing Development Act, Strata Title Act and several other Acts must also be amended to help housebuyers who were at a disadvantage under current legislation.

He said the association also proposed that there must be separate individual titles for landed property prior to the developer being granted a license from the Housing and Local Government Ministry.

Recently, Housing and Local Government Minister Datuk Chor Chee Heung said that his ministry was working with the Natural Resources and Environment Ministry on amendments to the Building and Common Property Act.

Chor said that it aimed to table the amendments in Parliament by March next year with the goal of detailing the boundaries, roles and responsibilities of strata title owners, property managers and developers so that the rights of home owners could be better protected.

He added that the amendments were needed because they would spell out how home owners could exercise their rights under the Act and how many votes a home owner would have if he or she owned more than one unit in a building.

Commenting on the proposal for vacant possession and strata title to be issued simultaneously, a working executive Y.H. Tee, 35, who bought a condominium in Petaling Jaya two years ago, said it was good that purchasers would officially ‘own’ their properties upon receiving the keys.

Tee said that giving strata titles to housebuyers during vacant possession could prevent cases of developers not bothering to apply for them even after the projects had been completed for many years.

PRESS STATEMENT

2010-10-13T07:56:00.000-07:00

PRESS STATEMENT
Pakatan Rakyat calls for the withdrawal of the proposed amendments to the Valuers, Appraisers and Estate Agents Act 1981 (VAEA Act) in Bill DR 30/2010
We, Pakatan Rakyat Members of Parliament call upon the Ministry of Finance to withdraw the proposed amendments to the Valuers, Appraisers and Estate Agents Act 1981 (VAEA Act) in Bill DR 30/2010.
We have arrived at this view after studying the implications of the amendments and receiving input from some of the key stakeholders involved.
We call for the withdrawal of the proposed amendments because:
1. The proposed amendments would create a monopoly for valuers in property management detrimental to 2,000,000 strata titled flats, apartments and condominium owners
At the lowest scale for calculation, owners of the approximately 2,000,000 stratified properties in the country would have to pay an additional RM3 – 4 billion annually for fees which would be shared out amongst the only approximately 800 registered valuers currently.
Even now, owners of low and medium cost apartments are finding it difficult to pay their current maintenance fee. With the proposed amendments, owners may have to pay an additional RM67 per month.
2. The proposed amendments would be in conflict with the Competition Act 2010 (Act 712) and the Consumer Protection Act 1999 (Act 599)
The exclusivity granted through a monopoly will encourage corruption, rent-seeking and “back-door” activities in the property management industry. The costs of these negative impacts would be passed on to owners with no proportionate increase in service value.
3. The proposed amendments would be in conflict with the Building and Common Property (Maintenance and Management) Act 2007 (Act 663) and the Strata Titles Act 1985 (Act 318)

The proposed amendments would take away the rights of the owners and the duties of the Commissioner of Buildings and conflicts with the duties and functions of the Joint Management Body as provided for in Act 663 and Act 318 which is to give owners the right to have the final say in the management of their own properties.

The necessary powers to oversee and regulate property management are already vested with the Commissioner of Buildings via Act 663.

4. The proposed amendments would interfere with the inherent and indivisible rights of property Owners.

Property owner who have invested in their property should have the freedom to choose whom they trust to best manage their properties and protect their investment. The proposed amendment would remove this right from the owners.

5. The proposed amendments would result in a brain-drain of property management practitioners and denying entrepreneurship.
We understand that almost all our buildings in Malaysia are currently managed by non-valuers. The proposed amendments would therefore result in job losses in the building management industry. We are already losing many experienced property managers to neighboring countries.
This would therefore be inconsistent with the efforts of the Government to attract talented and capable Malaysians working abroad to return and serve the country.
We call upon the Minister concerned to consult with all the relevant stake holders and industry players before proposing any amendments in the future.
We question why the Minister is proposing these amendments which would make Malaysia the only country in the world to introduce a monopoly solely for valuers in the building management industry and at the same time remove the rights of owners to manage their own properties.
We are sure even the Barisan National Members of Parliament would have received much negative feedback from the various stakeholders including from strata property owners and would agree with our views above.

Pakatan Rakyat Members Of Parliament
YB Sivarasa Rasiah, Subang
YB Dato’ Johari Abdul, Sungai Petani
YB Datuk Seri Mohammad Nizar Jamaluddin, Bukit Gantang
YB Dr Siti Mariah Mahmud , Kota Raja
YB Chong Eng, Bukit Mertajam
YB Tony Pua Kiam Wee, Petaling Jaya Utara

Amendments to Valuers, Appraisers and Estate Agents Act

2010-10-12T06:32:00.000-07:00

If amendments are passed, it would mean every stratified property must engage a Valuer to manage their property.

This also means there will be around RM3-4 billion annually in this fee. There is nothing though in terms of additional value or services that the Valuers can provide.

Currently there are only approximately 800 registered valuers in Malaysia.

If passed, than these amendments would have created a monopoly in the building management industry.

Watch the developments in parliament.

Valuers' Board or Not?

2010-10-11T07:11:00.000-07:00

Do you think that the Management Company managing your property should be a company registered with the Valuers' Board?

Can owner's run and manage their own property?

Your Feedbacks and comments please

SUNDAY - 26th SEPT - JMB ISSUES

2010-09-22T20:54:00.000-07:00

Three-day property seminar begin 24th Sept 2010

THE National House Buyers Association is having three seminars from tomorrow to Saturday at the Mid Valley Exhibition Centre in Kuala Lumpur.

The sessions are ideal for house buyers, property investors, developers, financiers, architects, engineers, surveyors, valuers, contractors, real estate agents, lawyers, accountants, stakeholders, insurance professionals and interested parties.

The topic for the first seminar tomorrow is Pemudah Focus Group on Registering Property.

There will be presentations by the Inland Revenue Board stamp duty division director Teoh Ai Suan, Valuation and Property Services Department director Huan Cheng Kee and Federal Territories Land and Mines Office director Hasim Ismail.

On Saturday, the focus will be on Tribunal for Consumer or Housing — Claims, Jurisdiction and Award Enforcement.

The session will explain in layman’s terms the workings of the respective tribunals, common cases and enforcement and prosecution of non-compliance of tribunal awards.

The speakers will be Consumer Claims Tribunal chairman Pretam Singh, Homebuyers Claims Tribunal chairman Bhupinder Singh and National Housing Department deputy enforcement director Gunasegaran Naidu.

On Sunday, the issues that will be explored include Built-Then-Sell and Sell-Then-Build concepts, legal requirements on JMB and MC, strata titles, flaws in the Building and Common Property Act and absence of regulations, and more.

In conjunction with the 53rd National Day celebration, the session will also feature a short speech by former Perak police chief Datuk Seri Yuen Yuet Leng on Merdeka: My Experience and Yesteryears.

Participation fee for each session is RM80 or RM200 for all three sessions. An extra RM20 will be charged for registration after Sept 20.

A book titled Buying Property from Developers (What you need to know and do) by Robert Tan will be given free to participants who opt for the three-seminar package.

For details, call 012-3345 676 or email klchang@hba.org.my.

Can defaulting owners attend AGM?

2010-09-22T20:47:00.000-07:00

Owners who have defaulted on their payments CAN attend AGM/EGM. They could also express their opinions and ask questions but CANNOT VOTE nor eligible to hold office.

Tempers flare at condo EGM

The newly elected members of Prima Setapak Condominium Joint Manage-ment Committee (JMC) have their work cut out for them after several unresolved issues were raised during their annual general meeting (AGM) earlier this year.

“Our first order of business will be to go through all the documents from the previous JMC.

“After that, we will most likely call for another extraordinary general meeting (EGM) to discuss the issues,” JMC chairman Frankie Ang said.

He said among the issues were the stalled front entrance upgrading project and the approval of allowances by and for the previous JMC members without the residents’ consent.

Tense: A resident (in pink) who allegedly had not paid her maintenance fees being asked by Rela members to leave the EGM.

“I also just found out that the JMC may be getting sued by the management company over a lift maintenance issue,” Ang said.

The previous JMC had resigned en bloc at the end of July, about three weeks after the AGM where many resolutions were not adopted after residents questioned how their condominium funds were being used.

A total of 120 unit owners from a total of 770 were present at the EGM that got off on a heated note after a unit owner who allegedly had not paid the maintenance fees had to be ushered out of the meeting by Rela members.

Many residents voiced their grouses at the event and tempers flared before the four-hour long meeting came to an end.

The meeting ended with the majority deciding on electing three unit owners from each of the three condominium blocks.

Evien Ho was elected secretary, Frankie Pek the treasurer while Benjamin Teh, Pajan Singh, Ting Sing Ho, Ting Tieng King, Tee Hui Hong and Wong King Seng are ordinary committee members.

The condominium is located in Setapak, Kuala Lumpur and has a total of 770 units with most being rented out.

Arena Green unit owners air their grouses

2010-08-19T20:26:00.001-07:00

By CHARLES FERNNADEZ
charlesf@thestar.com.my

RESIDENTS of Arena Green in Bukit Jalil are claiming that the management corporation (MC) has mismanaged the sinking fund.

They claimed that Arena Green Management Corporation, a subsidiary of Raine, Horne and Zaki Property Management, has not informed the unit owners on the use of the fund, totalling about RM500,000.

The residents also voiced their displeasure with the MC for not serving notice to the owners before any transaction.

Resident Ron Yuen said it was a requirement for the management committee to inform the owners but procedures were not followed.

Plenty of things to say: The residents waiting to attend the AGM.

“The residents would want to know how their money is being used and for what purpose,” he said at the annual general meeting of the MC recently.

He said according to Section 41 of the Strata Titles Act 1985, the management corporation should inform the residents on the jobs carried out every year.

However, he added that the MC had claimed that the expenditure was necessary for the management of the six apartment blocks.

The residents also opposed the MC’s decision to increase the service charges and sinking fund paid by the owners from the current 0.09sen per sq ft to 0.13 per sqft.

Yuen said in most cases owners had carried out their own repairs to their units and maintenance of the blocks was low and therefore there was no need to increase the service charges and sinking fund.

There are 1,240 units in the six blocks with the owners of the smallest unit paying RM61.20 per month.

During the AGM, a new committee was elected to look into the accounts.

The MC’s head of property services, Vijayakumar Ponnusamy, said it was only appropriate that the service charges were increased as the property was located in a prime area and this was the first increase.

“The maintenance charges have also increased as we have to sub-contract some of the work. As a company, which just took over the management two years ago, we are just doing our job,’’ said Vijayakumar.

Vijayakumar said the MC was not asking the residents to contribute towards the sinking fund but accept the increase in the service charges.

He also refuted claims that no annual report and accounts on this sinking fund was furnished.

The new committee allowed the MC to increase the service charges by 0.02 sen for the present moment.

PKNS to answer SOS calls

2010-08-12T20:03:00.000-07:00

SOME USEFUL INFORMATION - PERRHAPS SOMETHING THE MANAGEMENT COMPANIES CAN LOOK INTO ALSO, A QUICK RESPONSE TEAM SERVICE

Residents of flats and apartments built by the Selangor Development Corporation (PKNS) do not have to worry if they do not have a joint management body (JMB) to attend to their complaints.

This is because PKNS has mobilised its Response Team in Petaling Jaya, Kota Damansara and Bangi, to attend to residents’ complaints. The team is expected to arrive within an hour after the complaint is made.

“This is a special service and a temporary solution that PKNS is offering to residents of our flats and apartments without a JMB.

“However, we encourage all residential high-rises to set up JMBs,” said PKNS general manager Othman Omar at the launch of the response team at SACC Mall in Shah Alam on Sunday.

He said 20 personnel would be travelling in seven yellow-orange vans to answer SOS calls from the people.

He added that the personnel who were from the civil and electrical engineering department had undergone customer relations courses to help them deal with the public.

“They will be able to attend to roof leakages, drainage and electrical problems,” he said.

He added that residents were not required to pay upfront for the service as it had been included in their standard monthly maintenance fee.

Othman said the team would be operating from 8am to 5pm, but would consider a 24-hour service if the need arose.

The PKNS hotline is 1-300-88-7567.

Residents and JMB lock horns

2010-08-05T21:13:00.000-07:00

By KHARLEEZ ZUBIN
kharleez@thestar.com.my

CLAIMS of misappropriation of funds and widespread cheating of foreign tenants by some Palm Court Condominium management staff are the latest twist in a long-running dispute between residents and the caretakers of the largest condominium in Brickfields.

In the latest development, Palm Court the pro tem action committee has issued an ultimatum to the Joint Management Body (JMB) to produce documents of financial transactions.

“We have furnished evidence of issuance of double receipts to mostly foreign residents and visitors for entry pass, fines for lifting clamps on cars and water meters but the money collected is not reflected in the JMB accounts,” action committee chairman and resident K. K. Supramaniyam told StarMetro yesterday.

The action committee has alleged that about RM144,000 has been collected by the staff without authorisation and not banked in.

“The JMB is dragging its feet on this matter and if they don’t get to the bottom of it, then we will call for an extraordinary general meeting to vote them out and refer the matter to the police,” he added.

Initially, the JMB has denied there were discrepancies but when evidence started pouring in, its committee members reluctantly agreed to take “appropriate measures”, but stopped short of agreeing to an independent audit as demanded by the action committee.

However, they removed the two female staff, who residents claim have been terrorising foreign nationals under specific orders from a couple of JMB committee members.

When contacted Chitra Devi said she did not pocket the money and that the money collected was handed over to the JMB committee.

The other employee, Nor Anna Majid, could not be reached for comment.

According to licensed real estate broker and long-time resident K. Vijay some JMB members are not happy that freelance brokers are making money out of unit rentals.

“I think they want to put pressure on the foreign nationals so that the brokers will have a tough time getting tenants and eventually take over the rental business,” he said.

Other residents who asked not to be named for fear of reprisals from JMB said it was not difficult for the two women to have carried out such a scam behind the back of JMB members.

There were several occasions when JMB members were spotted retrieving receipt books from the guardhouse early in the morning.

But when the issuance of double and unauthorised receipts were brought to the attention of the JMB the books disappeared from the guardhouse, said a woman tenant.

The books are placed with the guards to collect RM10 for visitors or relatives of tenants who come after office hours.

When contacted JMB chairman M. Ravichandar refused to be drawn into the controversy.

“Sorry this doesn’t concern you and I have nothing to say to you,” was all he had to say before putting down the phone.

Ever since the JMB came into existence two years ago there has been no short of controversies.

It has been accused of abuse of power in implementing house rules and blamed for trying to clamp down on foreign nationals renting there.

On one occasion two deputy ministers had to intervene to calm things in a showdown between JMB and the residents committee.

In the incident, JMB chained the front gate facing Jalan Sultan Abdul Samad to prevent outsiders from frequenting a restaurant in the premises.

Africans in Condominiums

2010-05-23T04:09:00.000-07:00

Spotlight: African alienation
2010/05/23

Share | Scary, intimidating and rude are only some of the words used to describe Africans in Malaysia. Are we allowing a few bad apples to spoil the bunch? AUDREY VIJAINDREN and SONIA RAMACHANDRAN take a look at the issue.
MOST Malaysians are guilty of clutching their handbags a little tighter and avoiding eye contact when they spot an African.

They have, after all, been accused of committing various crimes in the country, especially black money scams.

Some have also described them as raucous and loud, and labelled them as troublemakers.

Are we allowing our prejudices to get the better of us?

Condominium, Apartment and Highrise Committee adviser Peter Chong said the general perception among Malaysians was that Africans caused trouble.

"We immediately have a negative thought when we mention them.

"In actual fact, it's our perception that is the problem. We are intimidated by their size and the way they look.

"They do cause trouble to a certain extent, but there are many other cultural differences that contribute to this.

"For example, for them, it is normal to say, 'Hello darling, how are you?', when they see a girl. But in Malaysia, that is rude and unacceptable."

Chong said the many black money scams had also contributed to this negative stigma.

"We assume that they are all bad, but that is not necessarily true. You see many of them actively involved in church music ministries.

"But this happens everywhere -- the good ones suffer because of the bad apples. Even our cab drivers suffer from this."

He said in many cases, the Africans, especially those who came here to study, were the victims.

"When African students arrive here, they need a place to stay. Because landed property is expensive, most of them end up renting apartments.

"Unfortunately, some colleges have taken advantage of this. They advertise pictures of apartments on their websites, claiming it's part of their campus.

"When the students arrive, many colleges put more than ten people in one unit, charging RM250 per person.

"But the actual rental for the unit may only be RM1,200. They are maximising the space because of greed," he said.

Malaysian Association of Private Colleges and Universities (MAPCU) president Dr Parmjit Singh said it was wrong to stereotype people.

"We must also recognise that not all the Africans in this country are students."

He said the Malaysian public had not matured enough to the level of living in a cosmopolitan environment.

"A large number of students from Africa are sponsored by their respective governments. That means, they are bound to be students who are bright and qualified for such scholarships.

"As much as we would like them to change and adjust to our culture, we should be equally ready to accept everyone from all parts of the world, in order to become an international hub for higher education."

Responsible colleges and universities, he said, had induction processes for their foreign students.

"Besides the higher learning institutions, the embassies and high commissions also play an active role in inducting students from their countries and educating them on the social norms of this country."

On renting residential units for students, he said the institutions had a major role to play.

"When we rent private residences to place our students, we play an active part in the meetings of the residential associations.

"We are willing to listen to any problems they might have with our students."

He said the number of African students in this country was not on the rise.

"It is a mature market and the population growth is from countries that are not mature."

Property management firm, VPC Alliance (PJ) senior general manager Daniel Kat, however, said there had been complaints about African students from other apartment and condominium owners.

Most complaints were over the students making noise after stipulated hours.

"I won't say all are misbehaving, but generally most of the complaints are related to breaking house rules and making noise at night.

"Some also get drunk and start misbehaving."

The problem with most of the students, he said, was that they brought their friends home to party.

"In some condominiums, more than 70 per cent of the units are occupied by students. It does not help that many of them bring their friends back."

What's the solution?

"Unit owners, colleges and universities must be more responsible.

"If the local government enforces a limit on the number of people in one apartment, there won't be many problems," said Chong.

The Higher Education Ministry, he said, should make it a licence condition for colleges and universities to have induction courses for all foreign students.

"It must also make sure these foreign students are actually here to study and not for other activities," he said.

Kat said a lot of local residents want the management of condominiums and apartments to reduce the number of foreign students in their units.

"We've talked to the agents and asked that they find local tenants instead.

"Another strategy is to try to increase rentals in order to deter foreign students from renting apartments."

'We are not monsters'

ABDULRAHMAN Muazu loves Malaysia but is thinking of leaving the country.

"I'm thinking of studying somewhere else as I don't have any local friends here. Malaysians don't talk to us and I think they are generally afraid of us. I feel really, really bad. People treat you as if you are a monster. We are not monsters.

"I think Malaysians are shy and they don't like socialising with foreigners. I don't blame them as some foreigners have been behaving badly and giving the rest of us a bad reputation," said the 19-year-old business information systems student from Nigeria.

That the locals were not talking with him, said Abdulrahman, had affected him psychologically.

"How would you feel if people don't talk to you? I love this country but I don't really enjoy it because I don't have any friends. Even our classmates just mix with us for group discussions and studies but there is no exchanging of phone numbers or socialising after class," he said.

When asked what he would wish for from the locals, Abdulrahman said: "I think they should judge each person individually. Please don't be prejudiced. People could be good and people could be bad. Try giving us a chance."

Ibrahim Muhammad Sakanau, 23, and his brother Shafie Sakanau, 20, said Malaysians were not at all friendly to them.

"Only my brothers are my friends. It bothers me. Maybe they don't talk to us because some Nigerians are behaving arrogantly in Malaysia. Maybe they think we are all like that. I've never been invited to the homes of any Malaysian during festive seasons and my classmates only mix with me during assignments.

"It hurts me a lot. Not all of us are bad," said Ibrahim.

Their house owner, Rachael Philip, has got no problems with renting her apartment out to African students.

"They are really nice. They always ask about my children when I go and collect the rental and there's always chocolates for the children. They are also very prompt with payments and always pay two months' rent in advance.

"The apartment is also in good condition. I am lucky I have good tenants. I had a local tenant previously and I had to beg him for rental every month. I feel we must not be so quick to judge," said Rachael.

Universiti Malaya education faculty department of mathematics and science visiting lecturer, Dr Kunle Oke Oloruntegbe, said Malaysians were generally accommodating and friendly.

However, Oloruntegbe, who is from Nigeria, said it did bother him that Malaysians rarely mingled with Africans.

"Many here seem to generalise all Africans as being the same and they stay away from us."

The father of six, who arrived here in October last year, said: "I am here alone so sometimes it does get lonely for me. Even the locals at the apartment I live in do not mix with me. They are friendly and they would greet me but it ends there.

"I would like to ask Malaysians to please look at us as individuals. Judge a person based on his character, integrity and honesty, not his face."

Abdul Aziz Abba Goni said there are many Africans who come to Malaysia with good intentions.

"Do not let colour or nationality stand in the way of one's perception of a human being. I have worked hard to obtain my degree and am looking forward to a brighter future because of what Malaysian education has offered me. I believe studying here was a wise choice and I am grateful for this experience.

"I wish no harm onto my hosts. I hope more Malaysians will meet positive ambassadors in the near future," said the 25-year-old postgraduate student.

'Too many ugly incidents'

AFTER living comfortably in the same apartment in Sunway for more than 10 years, Sylvia (not real name) is now afraid to step out of her home.

"When my husband and I first moved here, it was a really decent place.

"Our neighbours were nice and friendly, and we thought it was a great place to bring up children.

"We saw ourselves swimming with our kids in the pool and pushing them on the swings in the playground."

However, all that changed.

"In August last year, I noticed an influx of African residents. I believe most of them are students from Nigeria, but it's difficult to tell.

"It's extremely intimidating, because they go about in large groups, talking loudly and drinking alcohol.

"The way they speak and stand can be very intimidating. Even the way they look at you.

"You can see that some are serious in their studies. But many others leave their apartments everyday wearing 'bling-bling'.

"The girls are no different -- you can't help but wonder whether they are here to study or party."

She said there had also been many "ugly" incidents.

"More than once, these students parked their cars in my lot. When I asked them to move, they claimed to have diplomatic immunity."

She said in the past six months, she had taken extra precautions.

"I'm more aware of my surroundings. It can get very scary being alone in the lift with a bunch of foreign students, so I wait for the next lift.

"I've even stopped my daughter from going to the swimming pool and playing on the slides.

"It's unfortunate that we are so afraid to go out of our own apartment. I own a unit but can't even enjoy the rest of the facilities."

Sylvia said the situation had got so bad that she and her family were moving out.

"It may be unfair to judge them because they could actually be really nice people."

Read more: Spotlight: African alienation http://www.nst.com.my/nst/articles/28avafrican-2/Article#ixzz0oqPM4bxQ

This is Good Reading...More Water Stories

2010-04-06T00:56:00.000-07:00

KENYATAAN MEDIA

06 APRIL, 2009 (SELASA)

PENDUDUK DIKEJAR, PEMAJU DILEPASKAN.

Saya kerap mendapat aduan dari penduduk pangsapuri yang telah dipotong bekalan air oleh Syabas kerana terdapat bil-bil yang tertunggak. Kadang kala ianya berlaku bukan akibat dari kesalahan penduduk semata-mata kerana bil-bil tersebut adalah yang ditinggalkan oleh pemaju.

Apabila penduduk mengambil alih pentadbiran pangsapuri mereka seperti dengan penubuhan JMB, mereka kadang kala menerima bil air tertunggak yang tidak dibayar oleh pemaju. Penduduk pula tidak dibenarkan membuka akaun baru dengan Syabas sehingga bil tertunggak itu dibayar sepenuhnya.

Terdapat penduduk yang mendapat bil berpuluh-puluh ribu ringgit dan bekalan air mereka akan dipotong jika mereka tidak membayar bil itu.Syabas sepatutnya menuntut bil tersebut dari pemaju bukan dari penduduk. Penduduk pula mesti dibenarkan membuka akaun yang baru.

Mungkin penduduk juga bersalah kerana tidak membayar air yang diguna kepada pemaju dan pemaju seterusnya tidak membayar kepada Syabas. Tetapi pemaju juga bersalah kerana gagal memungut hutang dari penduduk.

Syabas patut membawa pemaju ke mahkamah untuk menuntut hutang dari mereka. Pemaju pula akan menuntut hutang dari penduduk. Ini adalah lebih adil kerana mereka yang selama ini membayar bil-bil air mereka tidak akan dihukum dengan pemotongan bekalan air. Tambahan pula jika bil yang dituntut itu termasuk air yang digunakan oleh pemaju dan bukan oleh penduduk semata-mata. Rekod-rekod adalah pada pemaju maka penduduk akan terus teraniaya.

Pertukaran dari meter pukal ke meter individu atau migrasi pula akan melihat pemotongan bekalan hanya untuk mereka yang tidak membayar bil-bil mereka. Ini adalah lebih adil tetapi proses migrasi ini adalah terlalu lambat. Masih beribu-ribu penghuni perumahan berstrata masih menunggu migrasi dilakukan oleh Syabas. Migrasi ini juga membolehkan penduduk mendapat air percuma di bawah skim Merakyatkan Ekonomi Selangor atau MES.

Kerajaan negeri telah mencadangkan kepada Syabas agar tunggakan di meter pukal tidak perlu dibayar sekali gus jika penduduk mahu membuat migrasi. Penduduk mesti dibolehkan membayar secara ansuran.

Walau bagaimanapun jika bil-bil tunggakan ini dari ketika pangsapuri itu diuruskan oleh pemaju, Syabas mesti menuntut dari pemaju bukan dari penduduk dan membenarkan penduduk membuka akaun-akaun baru untuk meter individu mereka.

Syabas sekarang dilihat takut untuk menuntut bil-bil dari pemaju dan menuntut dari penduduk kerana penduduk boleh diugut dengan pemotogan bekalan dan mereka tidak mempunyai kemampuan untuk membawa kes mereka ke mahkamah.

Iskandar A. Samad
Exco/Pengerusi Jawatankuasa Tetap
Perumahan, Pengurusan Bangunan Dan Setinggan
Negeri Selangor
6 April 2010

Complaint Against COB - MBPJ

2010-04-04T22:28:00.000-07:00

The following was received from a concerned reader:

Dear High rise building unit owners in MBPJ' area:

We believe that you, like us, would have experienced numerous problems when seeking the help of COB to enforce the ACT 663 diligently n professionally.

Here is our experience:

1.Pn Maria, the COB Officer, seems to act more like a little Napoleon'

Her objective seems to only be to frustrate every complaint made to her.

2.The Dato Bandar seems to condone her actions or, should we say, inaction.

3.Our patience n respect to Dato Bandar n Maria of COB has been tested severely and we have been treated like fools.

4. In a recent meeting, Pn Maria even admitted she took no action on complaints as Act 663 does not give COB powers to punish those who don’t follow COB directives! Hence she is waiting for the Act to be amended(!) before she could take any action.

We therefore call on all parties affected by COB, MBPJ to work as a team and propose the following action to be taken collectively:

1.prepare a memorandum or send your complaint to Menetri Besar,all exco members,all ADUNs n all MPs,maybe PM n Sultan of Selangor seeking out our legitimate complaints that have been ignored.(extend a copy of your complaint letter to us).

2.If we do not get any response in,say, 2 weeks we will get a police permit to organize a picketing in front of MBPJ to request for ENFORCEMENT & call for a press conference.

3.Report to Police n MACC n request them to investigate Maria n Dato Bandar for possible dereliction.

This is my complaint letter to PCB and MB and some others Exco.

CAR PARK PROBLEM.....any useful advice

2010-04-04T22:25:00.000-07:00

Hi,

I am so so happy to come to know about your organisation, as i have been having this car parking problem since i have the key to the condominium. I have been given a car park lot number 1103 in 2003. Since then i have problem parking my car on this lot due to the fact that some one else with car numbers WHQ 4362, another resident claimed she had paid for the same unit. I have in many occasion wrote to the Maintenance Office, submitted the complaint. Nothing has been solved. As my tenant always ask to park some where else during this 7 years period, she had not compliant to me until i have a new tenant recently. I have againg approached the BMO, calling, emailing and now have email to MK Land ( the developer) for their attention for the same issue. I really hope someone could help me here, as i have been trying many times in the past to solve this issue peacefully, but it seems this doesn't work. I need your help and advise, please !

Many thanks,

Miss Yoke Loh
email : yokeloh@aol.com
Perdana Kondominium Exclusive,No 15, Jalan PJU 8/1, 47820, Petaling Jaya.

The BMO : Property management Office, Bandar Damansara Perdana, 47820, PJ
e mail jmbpect@gmail.com

The MK Land Holding BHD : 19, Jalan PJU8/5H, Perdana Business Centre, Bandar Damansara Perdana, 47820, PJ

How many to a unit?

2010-03-28T18:40:00.000-07:00

By LIM CHIA YING

CAN a Joint Management Body (JMB) restrict the number of occupants living in a condominium or apartment unit? Or is it illegal for them to do so despite what the JMB says it is looking into the interest and welfare of other owners at large?

Last month, the issue became contentious between two parties of the Le Chateau 2 condominium in Taman Seputeh - the JMB and a college.

Both were at loggerheads over the number of people allowed to stay in a unit, when the JMB imposed its in-house ruling of limiting just five people per household as decided during its annual general meeting (AGM) last year.

In discussion: This filepic shows the college representative Maran (facing camera, second from right) talking to some of the JMB members and residents.

That ruling did not go down well with the college which is renting some of the units of the condominium for its students, and had placed between eight and 10 students per unit.

The JMB said the policy was introduced following issues like overcrowding, noise, and misbehaving of the students while the college management demanded that such in-house ruling cannot override the tenancy agreement which was signed in 2006, and that they even have authorities’ approval on this.

Based on this case study, StarMetro spoke to some other parties who gave mixed views.

An apartment JMB president in Subang Jaya Lim Ai Yim, thinks there is a need to control the number of people in condominiums or apartments because they would inevitably turn into student hostels or hostel for factory workers.

“In my place, too, we’ve got about 30 units per block that have been rented out to factory workers, in different floors.

“In one instance, a unit had between 17 and 20 people, and because they work two shifts, you cannot detect them.

“The college had signed a contract with the developer but this was not made known to our residents association then.

“When you have large groups of students or workers, there is a tendency of facilities being monopolised and whatever damages done are repaired using our own JMB maintenance fund,” said Lim.

She said there was no reason why house rules could not be changed, subjected to JMB as per requirements as certain policies could not stay on forever since there would be issues cropping up from time to time.

“It is not healthy for condo or apartment units to be turned into hostels because ideally, three rooms can accommodate just six people or four rooms eight.

“But JMB has no right to impose that limitation on immediate family members,” said Lim.

She added that such in-house ruling should be carried out properly and with consultation like calling for an AGM to see if there were objections because disputes could arise in future and the unit owner could sue the JMB.

Another JMB chairman of a condominium in SS2, Petaling Jaya, who wanted to be known as just Ng, said the restriction of tenants was a way of taking care of the overall welfare of owners.

“In our case, too, the developer did sign a contract with a college whereby five units was rented out to more than 30 students, but we later set our own ruling to stop that.

“When you have more tenants, the wear and tear in common areas increases and that’s when it eats into our JMB maintenance funds.

“It’s a case of when companies or colleges just want to save cost hence putting so many people in one unit,” he said.

“But of course if it’s a big family consisting of immediate family members, we don’t have such restrictions.”

He said it was not illegal for the JMB to have such a ruling, claiming that there was such a bylaw that provided for the management committee (MC) to follow, but the other party (college or company) had to be informed of the policy first.

The Le Chateau 2 JMB chairman, Foong Chin Fee, reiterated that his committee had been vested with the power by the Commissioner of Buildings (CoB) to implement such house rules within their own fenced property.

“I don’t think we are doing anything illegal, as we have sought legal advice and know of other condos elsewhere imposing similar policies.

“The CoB is well aware of our action as we have deposited a copy of our ruling with them,” he said.

The Housing and Local Government Ministry, when contacted, said under Act 63, the JMB has the right to impose house rules for proper management and maintenance of the building as long as they are not contradictory to existing national laws.

When asked about the aforementioned case, a source said it was not a straight-forward thing to tackle as students were under the jurisdiction of the Higher Education Ministry, and for factory workers, the Human Resource Ministry. The guidelines should probably come from them.

“There are two different interests to look at here — one being business (as with the college), and the other being the residents or owners themselves.

“We have to see if the contract signed is in line with the status of land ownership which the building sits on, whether it is commercial (service apartment) or residential,” the source said.

The National Housebuyers Association (HBA) honorary secretary-general Chang Kim Loong, when contacted, said JMB could not simply impose any limitation to its whims and fancies as any house rules must conform with existing laws.

“Under the Building and Common Property Act, whatever house rules cannot intervene with existing local council laws, and must be consistent with their bylaws as local authorities will have taken into consideration issues like noise and so on,” Chang said.

Local government expert Derek Fernandez said under the Local Government Act 1976, the minimum requirement for living space is 350 cubic ftt per person, and this is applicable across all local authorities.

“The JMB cannot infringe the rights of property owners restricting the number of occupants as long as the above minimum space under the Act is adhered to.

“The onus is for both parties - the college and the JMB in this case - to adhere to this 350 cubic feet policy,” he said.

THE Selangor government has embarked on a mission to rectify lift problems in local flats with a budget of RM1.66mil for three locations in the first

2010-03-08T01:53:00.000-08:00

THE Selangor government has embarked on a mission to rectify lift problems in local flats with a budget of RM1.66mil for three locations in the first phase.

The three locations that have been identified for the project are Desa Mentari in Petaling Jaya, Permai Indah in Pandamaran and Taman Ampang Mewah in Ampang.

This was revealed by state housing building management and squatters committee chairman and Chempaka assemblyman Iskandar Abdul Samad during a site visit to the Taman Ampang Mewah low-cost flats recently.

“The first phase involves five areas but we have only identified three; the cost of RM1.66mil is for 41 lifts in the three areas,” he said.

Not in use: Note the missing buttons on the panel outside the lift and a motorcycle parked in front of it.

He added that the areas were chosen because they were in dire need of new lifts or repairs.

The project will be spearheaded by the Selangor State Development Corporation (PKNS) and work in the three areas is scheduled to begin within two weeks. It is expected to be completed in four months.

“Our aim is to finish at least one lift by April 15 in each of the three areas, which are considered to be the worst affected,” he added.

The Taman Ampang Mewah flats is a 10-year-old development with three blocks. Each block has two lifts but only one of the six lifts is working, forcing the residents to climb up the stairs of the 14-storey blocks every day.

During the site visit, StarMetro said the buttons were missing from the operating panel outside one of the lifts that are not working, and motorcycles were parked in front of it.

Iskandar added that the government would conduct awareness campaigns on the need to safeguard the lifts.

In his speech, he urged parents to advise their children on the need to take care of the lifts after the work had been completed.

“The residents have to change their attitude.

“They must work together to take care of the amenities to ensure they will live in a conducive environment,” he said.

According to resident Azizah Ibrahim, 50, who lives on the 14th floor, many of the electrical cables had been stolen by drug addicts.

“The motor room is upstairs and a grille has been fitted there, so we don’t know when they are breaking into the room,” she said.

She suggested that the Joint Management Body (JMB) fit a grille on the 14th floor instead.

“If they fit it there, we will hear them when they go upstairs and can immediately report their wrongdoings.

“It’s scary to see four men high on drugs walking up and down, especially when I’m caring for my young grandchildren at home,” she added

Liquidators?

2010-02-19T17:36:00.001-08:00

Group in a dilemma over five-storey building
By CHOONG MEK ZHIN

mekzhin@thestar.com.my

A five-storey building in front of Sunrise Park Apartment has been causing a headache for the Joint Management Body (JMB) of the apartment and the foremost issue being whether or not the building was even under its jurisdiction in the first place.

“We do not know who developed or owns the building. Currently, the ground floor is occupied by businesses and the upper floors by foreign workers,” JMB chairman Yong Wee Tat said.

Yong said some people from the building throw their rubbish at the collection area of their apartment, particularly the blocks behind.

“The building’s rubbish disposal system is not good.

“They have a place in the building where they are supposed to throw their rubbish but no collector ever goes there to pick it up,” Yong said, adding that they feared the rubbish would attract rats and cockroaches.

The lane between the apartment’s wall is very narrow, with one side allotted for parking, further narrowing the space and making it difficult for rubbish collection lorries to pass through.

Yong said the JMB was formed in May last year and since then they had written three letters to the Ampang Jaya Municipal Council (MPAJ), requesting information about the building.

“We want to know who developed the building and if it is built as a shoplot office or shophouses because it could be used for the wrong purposes,” Yong adding that they needed to know who is to be responsible over any untoward incident at the building.

He added that Kumpulan Bertiga Development Sdn Bhd, the developer of their apartments, had gone into liquidation seven years ago and since then, apartment residents have been paying their maintenance fees to the liquidator company.

“We have had many problems pertaining to poor maintenance that have never been addressed such as one of the elevators being out of order for years, badly built roads within the apartment grounds and the exterior walls that need painting,” Yong said.

The JMB was formed due to the suggestion of the area’s MPAJ councillor Tan Hua Meng whom the residents had turned to when they had had enough.

“During the annual general meeting, there was no presentation of a financial report and we do not know how the previous maintenence fees we paid was used.

“The liquidator, however, claims that we owe them about RM600,000 in fee arrears,” he said.

Since the JMB took over maintenance of the now 15-year-old apartments, they discovered that the components that is needed to run the elevator had disappeared and all that is left is the elevator box in the shaft.

“We have since locked the rooftop and carefully maintained the only lift that remains,” Yong said.

The apartments consist of two low-cost apartment blocks and one medium-cost apartment block with the former having to pay RM33 in maintenence fee and the latter RM47 every month

From Down South

2010-02-08T08:33:00.000-08:00

ANyone has any comments on this?

Dear Sir,

Recently we had a meeting with the management of developer on the issue of having an office to run the daily operation of JMB. JMC memebers are of the view that developer should have built an office for us but the developer management said they had no obligation to bouild an office for since there is no rule or regulation stating so.

Is there any advice from you on this issue? Or is there any act or regulation that we can refer to as a supporting document so that we have better grounds to request for an JMB office from the developer?

How many to a unit? Condo = student"s hostel?

2010-02-04T18:12:00.000-08:00

College and condo management in a dispute
Story and photo by LIM CHIA YING

chiaying@thestar.com.my

SPARKS flew when the Le Chateau 2 condominium Joint Management Body (JMB) and Nirwana College clashed over the maximum number of students that should be allowed to stay in the condo units.

The dispute arose after the JMB reintroduced the use of residents’ cards on Tuesday which limited only five people per household as decided by the annual general meeting held by the JMB last year.

Nirwana College, which is renting some of the units at Le Chateau 2 for its students, had placed between eight and 10 students per unit.

This has become the cause of contention with the Le Chateau 2 JMB after its new policy was set.

The JMB claimed that the overcrowding of units created a nosiy atmosphere for the rest.

They also alleged that some of the students misbehaved by gathering at the corridors particularly late at night.

On Tuesday evening, students who came back from their classes found that they could not enter the condominium premises, and sat stranded outside the compound.

In discussion: Maran (facing camera, second from right) talking to some of the JMB members and residents.

A student, who declined to be named, said they were from outstation, and had thought it was a hostel for students instead of a condominium.

JMB chairman Foong Chin Fee said the house rule was implemented on Jan 25 after it was unanimously agreed during their September AGM that there will be no more than five people to an apartment.

“Our JMB then issued residents card from October last year to Jan 1 this year. And when the house rule was implemented on Jan 25, a group of about 10 men stormed in to intimidate and threaten us.

“We lodged a police report at the Brickfields police station that same evening with a footage of the incident on our CCTV,” said Foong.

During Tuesday’s confrontation, a few men in blue had stationed themselves inside the condominium while awaiting the arrival of the college management.

As soon as one of the college representatives arrived, he told the students to go inside the condominium.

The man, who identified himself as the college managing director Maran A.K.Kannan, said the Deputy Housing Minister in 2006 had already decided on this particular issue and claimed that the Kuala Lumpur City Hall (DBKL) had also agreed that a small apartment unit will house eight people while a bigger one houses 10.

“The DBKL came to measure the built-up area of the apartment and this issue had been resolved then. We have a letter issued by them on this,” he said.

Maran, who came together with his administration and operations director S.N.Thanabalan, said the students are from poor families hence the college was helping to rent the units on their behalf.

“We have also signed the tenancy agreement in 2006 for this, so you cannot just bar my students from coming in,” he told the JMB members.

“If you wish, you can send us a lawyer’s letter and we will counter sue.”

Maran later said being a college, it was not cost-effective for them to just have five students per unit.

Foong said the JMB would still proceed with their house rule.

“If he claims to have the Housing Ministry’s approval letter, then he should have brought such an important document to show us today.”

When asked what happens to families with more than five members, he said the family concerned could write in to apply to waive the condition.

“We want to prevent our condominium from being turned into a students’ hostel,” he said.

Making high-rise living conducive for all

2010-01-03T18:55:00.001-08:00

Kong: We will strive to help make high-rise living conducive for all
By FOONG PEK YEE

THE commitment of buying a flat, apartment or condominium is heavy and for some, is a journey fraught with uncertainties.

Many have ended up having nightmares after achieving the dream of owning a home – from poor security, faulty lifts, dirty surroundings to bad neighbours. All is not lost, though.

Housing and Local Government Minister Datuk Seri Kong Cho Ha says his ministry will go all out to help make the newly-implemented Building and Common Property (Maintenance and Management) Act 2007 (BCPMMA) work.

The minister gives his take on how to make high-rise living a conducive affair not only for yourself, but also your neighbours.

Q: Datuk Seri, how serious is the problem of owners not paying up maintenance charges?

A: The problem is quite serious, especially among low-cost housing projects.

How do we overcome this problem?

We (the ministry) are looking into various ways, including educating the people on the importance of having enough funds to maintain their property. A well-maintained and managed property not only provides a conducive living environment, but also enhances the property value.

There have been many reports in the media about poorly-maintained and managed buildings, particularly those involving low- and low-medium cost projects. Many cases are serious, like the joint management body (JMB) owing hundreds of thousands of ringgit in electricity bills; or tens of thousands of ringgit in water bills and faulty lifts.

Many of the serious problems are cumulative in nature. The owners and those in the maintenance and management side must work together right from the start.

As owners, one must take an interest in the way your property is being maintained and managed. The owners can participate in meetings, particularly the annual meetings (AGM).

Channel your grouses at meetings, propose solutions for common good and exercise your right as a good neighbour when matters are put to a vote.

Do your part as an owner, resident, including as a tenant. Keep an eye on the surroundings and report misgivings to the building management.

But there have been serious complaints on the developer, JMB or even MC for not doing their job. For instance, of JMB members who went missing, money gone from the building maintenance account and dubious accounting.

We (ministry) are coming up with programmes to educate the developer, JMB or management corporation (MC) on how they can do a better job.

What are the roles, duties and responsibilities of the developer, JMB and MC?

The details are stipulated in the BCPMMA. In short, the developer will maintain and manage the property before the delivery of vacant possession. Within 12 months from the date of delivery of vacant possession, the developer must convene the first meeting to form the JMB which comprises the developer and at least five and not more than 12 owners of the property.

The JMB takes over the task from the developer and appoints a joint management committee (JMC) to do the job on its behalf.

Once the strata titles for the property are registered, a management corporation will be formed to take over the task from the JMB.

The MC will form a MC council, comprising at least three and not more than 14 owners of the property to undertake the task. The MC council will be elected at each AGM and shall cease office at the next AGM.

Who will oversee the performance of the developer, JMB or even the MC?

The owners can forward their complaints on the developer, JMB or MC to the controller of buildings (COB).

The COB is the president of the local council where their property is located.

The COB is empowered, among others, to appoint a managing agent (MA) to take over the duties of the developer, JMB or MC if the COB is satisfied that they are not doing their job. I will like to advise the COB to perform their duties and exercise their power.

What are the obligations of the owners of the property?

Under the BCPMMA, an owner convicted of not paying maintenance fees can be fined up to RM5,000, and RM50 per day from the day of conviction when the offence continued.

The law also provides for the removables of the defaulters to be sold to recover the debt.

Apart from being a good neighbour and not being a nuisance to begin with, owners and residents including tenants, must also understand that they are governed by house rules and it is their duty to adhere to the rules.

This covers matters such as security, cleanliness, the use of common property, maintenance of the individual unit as well as renovation work.

Who determines the maintenance fees?

The developer determines the fees according to the share value. The share value will depend on the parcel area. But later, the JMB or MC has the right to determine the new rate based on changing needs.

Developers tend to list out an impressive range of resort-like living facilities in their promotion. However, there have been cases where a swimming pool turned out to be no more than a children’s wading pool. How to check such problems?

Owners should be discerning. You must find out what you are going to pay for before deciding on the purchase. Read the fine line and ask questions. Do your homework. This is a free market. There is no specific guideline for the developer to follow as to the type of facilities they include in their projects. But developers can be charged for misleading advertisements.

At least one big developer has said that his company will reduce the number of facilities to basic ones like security, swimming pool and tennis courts in his upcoming development. He said this would keep maintenance fees low. Those wishing to use the non-available facilities can do so in a club nearby. All owners will be given club membership. Do you think it is time to consider suggestions such as the “you use, you pay system”?

Can residents ask to discontinue certain facilities in a state of disrepair or those hardly used?

Residents can bring up the matters at the AGM and put them to a vote.

The ministry is always open to suggestions and will study them before taking the next course of action.

There are suggestions to set up a tribunal to expedite the hearing of cases brought about by the aggrieved parties in high-rise residential units. Has the ministry received such a proposal?

The proposal is still under discussion.

Questions on the usage of funds. For instance, the new management of a condominium in Petaling Jaya had boasted of cutting the money spent on gardening in the common areas by more than half, from RM240,000 in 2007 to RM108,000 the following year. Can the owners ask those concerned to explain the vast difference?

Yes, they can. But the former management is not obliged to answer because they are expected to answer and explain everything during the AGM.

Who will audit the accounts of the maintenance funds? If owners are unhappy over the accounting, where can they channel their complaints?

The auditor appointed by the JMB or MC will do the auditing. The unhappy residents can channel their complaints to the COB in their respective areas.

JMC - and more issues.....

2009-11-03T22:38:00.000-08:00

Residents upset over JMC spending
By STUART MICHAEL

RESIDENTS of Rosewood Court apartment in Bandar Tasik Puteri, Rawang, are upset with their Joint Management Committee (JMC) for spending more than RM30,000 over the last seven and a half months.

The Rosewood Court JMC account had a balance of more than RM29,000 when the current committee took office on March 15 this year.

Now, there is only RM4,872 left, according to the bank statement for October 2009.

Former Rosewood Court JMC chairman Suhaimi Abdul Majid, 46, said the present committee had bought a computer, tables, printers and unnecessary equipment for the office.

Only a third of the units occupied: The Rosewood Court apartments in Bandar Tasik Puteri, Rawang.

“It is unnecessary spending and a waste of funds. I would have spent the money on maintenance or saved it for other items, like cleaning drains, cutting grass, and repairing lights and cracks.

“We are unhappy that the JMC appointed a company, NHO Management, to maintain the property and although the JMC pays RM4,700 every month, there has been no maintenance work except for lighting in the compound and the cutting of grass.Moreover, it is using the JMC office without paying rental.

“We have so many professionals among us — Tenaga Nasional Berhad technicians, grass-cutters, engineers, technicians — who are willing to help us cut costs,’’ he said.

Resident Liliruhida Abdullah said they wanted to meet the JMC to discuss issues at least once a month or once in two months, but the committee refused.

“It seems like the JMC, the Selayang Municipal Council (MPS) and the MPS councillor in charge of the area do not want to listen to our problems, like cracks appearing on the walls, no proper lighting at the staircase, grass in our compound not being cut, dogs roaming freely and even chasing our school-going children, and absence of lifts.

“We want a JMC that will fight for our rights and not just ignore the issues we raise,” she said.

Another resident Nor Azean Abdul Hamid, 32, said she had faced a lot of problems since shifting from Kampung Kayu Ara in Damansara last year.

“Water seeps from the bathroom above my unit into my master bedroom and another room, and there is nothing I can do about it. Cracks have started to appear in my unit as well as other units, and we fear the apartment might collapse one day,” she said.

Khairul Anuar Salleh, 33, who has lived there for two years, said the JMC had not informed residents about the backdated TNB electricty bills nor tabled proper accounts on the matter.

“We want to know how the money was spent, and the exact figures,” he said.

Meanwhile, Rosewood Court JMC chairman Mohd Rosli Arshad said only 20-30% of tenants paid the maintenance fees.

“The maintenance fee is only RM45 monthly, and only about one-third of the 300 units are occupied.

“Our average collection is between RM1,000 and RM4,000 monthly and we have to pay NHO Management RM4,700 each month. We are supposed to pay RM5,000 monthly but RM300 is deducted as rental.

“We must bear in mind that NHO Management has to pay workers to cut the grass and clean the drains, as well as the clerk in the office who collects the maintenance fees.

“Because the money received from the maintenance fees is very little, we could only have the grass cut, the drains swept and the lights at the staircases fixed.

“At present, we are facing a shortage of funds because many of the residents refuse to pay the maintenance fees, so we hope they will pay up.

“We have written a letter to the developer five months ago, requesting that it bank RM50,000 into our account to repair the cracks on the wall and other problems. We are doing the best we can,” he said.

He added that the committee was considering the residents’ suggestion to have a meeting once a month or once in two months.

of Lavender, Dogs and the Smell...

2009-10-20T17:06:00.000-07:00

Developer agrees to clean up the mess
By FAZLEENA AZIZ

THE developer of Vista Lavender in Puchong has agreed to channel its sewage discharge to a proper outlet.

According to Subang Jaya Municipal Council (MPSJ) president Datuk Adnan Md Ikshan, the developer has agreed to resolve the matter after a recent meeting.

“We will wait until December for them to do the necessary work,” he said.

StarMetro had reported on the channelling of sewage discharge into the main drain which leads to the Klang River.

It is believed that the illegal activity had been going on at the site for more than five years.

According to residents, the overflow from a sewerage manhole in the basement of the 15-storey Block A is being diverted into the main drain.

The developer has built a concrete barrier around the overflowing manhole and created an outlet to channel the sewage into a main drain.

During the meeting, Adnan also spoke about the lack of cleanliness with regard to high-rise residential areas.

He said that the problems were caused by the attitude of the residents.

“You find them throwing rubbish everywhere like in the lifts, pathways and out the windows, which is not right,” he said.

He also spoke about complaints of stray dogs at high-rise buildings.

“We have spoken to the joint management bodies (JMBs) and they have said that action will be taken.

“MPSJ is willing to offer assistance in such matters because we know that most of these JMBs are barely a year old,” he said

The saga continues...

2009-10-19T23:15:00.000-07:00

JMC member denies abuse of power

IN StarMetro’s report “Condo residents in a fix” on Aug 8, one of the residents of South City Condominium claimed that they had been denied the right to vote.

In an interview, Khong Chee Seng, who chaired the AGM, and Joint Management Committee (JMC) member Kan Wai Hoong provided their side of the story.

In the article, one of the residents was quoted as saying, “An outsider (non-condominium owner) called Khong Chee Seng was hired to chair the annual general meeting (AGM). He said that there was no need for an election as the elected JMB can continue their term for three years.

“We did not agree but he said that it was illegal to have an election.”

Khong denied ever having said it was illegal to have an election.

“We don’t deny that the election of JMC members was on the agenda as it is a standard procedure under the laws of Malaysia.

“I even acknowledged that it was the right of a consumer to vote, as stated in Act 663 (or Building and Common Property (Maintenance and Management) Act 2007), Section 11.2,” he said, presenting several documents pertaining to the duties and powers of a Joint Management Body.

However, he pointed out that in the Laws of Malaysia, under the heading of Joint Management Committee (JMC), “the committee shall consist of the developer and not less than five and not more than 12 purchasers, who shall be elected at the AGM of the Body and shall hold office for a period of not exceeding three years or until the dissolution of the body in accordance with section 15, whichever is earlier”.

“There would be an election, provided there is a vacancy in the JMC.

“Some residents claimed they had heard that some members would be resigning. They kept harping on the issue, telling the JMC to declare if there were any members resigning, but there was none,” he said.

It was mentioned in the article that residents had shown letters from the Subang Jaya Municipal Council (MPSJ) in reply to their complaint on the AGM, in which the council requested the JMB to provide the AGM minutes and an explanation as well as relevant documents.

In a second letter to the JMB chairman, the council ordered the committee to set a date for the EGM, in accordance with sub-section 10(2)(b) of the Building and Common Property (maintenance and management) Act 2007 (Act 663).

Khong said he had not received any letter from the MPSJ.

On his role as the chairman of the meeting, he said he had been proposed as an independent chairman and it was cleared when he registered.

Meanwhile, Kan said there was no abuse of power.

On the residents’ claim that they had been denied the right to view certain documents, he said, “They have to submit an official letter for permission to view the documents.

“The JMC is curious as to why these residents did not bring up issues during the AGM, which was a platform for them to do so.

“None of them asked about the car park and sinking funds,” he said.

“I’ve been a housing activist for the past 12 years as well as an adviser to JMCs.

“I don’t deny there are people who love me and those who hate me when I raise certain issues.

“I hope that this issue can be an eye-opener, not only for condo owners but also others, including government authorities.

“The fault lies in a lack of unified interpretation of the law. Hence, education is of the utmost priority and I hope the Selangor housing board can come up with clear guidelines to prevent ambiguity and confusion.

“We don’t want consumers to be victims of the process,” Khong said.

An Inspiration?

2009-10-08T07:31:00.000-07:00

Watch this...put together by YB ISKANDAR, EXCO for Housing.....

http://www.youtube.com/watch?v=V87z8e9IAyE

Developer's Response

2009-09-24T20:41:00.000-07:00

WE REFER to the article “Medan Putra residents rejoice” (StarMetro, Sept 23, 2009) and would like to rebut some of the claims made against us.

The High Court decision in August allowed the registration of the Medan Putra JMB (JMB); however, this matter is now with the Court of Appeal.

The High Court did not decide to the effect that “To put it succinctly, a developer must set up a JMB before forming a Management Corporation, otherwise it is considered illegal and a new JMB must be formed”, as published in the article, nor did the High Court make any decision to the effect that the Management Corporation (MC) is illegal, as alleged and published.

In fact, there is no dispute or challenge that the MC, as stipulated in the Strata Titles Act 1985, has the authority to, inter alia, manage the condominium. On the other hand, as the MC was formed earlier than the JMB, the JMB should not be in existence.

The claim that “the condominium when run by the developer for eight years was dirty, had poor security, faulty lifts and cracked walls” is false and misleading.

The maintenance repairs and services for the condominium were provided efficaciously for the period mentioned.

It was only recently, since 2008, that some unauthorised persons allegedly running the JMB started collecting service maintenance and other charges illegally and, at the same time, informed purchasers not to pay the charges payable to the developer.

Such acts resulted in the interruption of services.

The monies collected by the aforesaid persons were not used to pay for the services, like cleaning, and other outgoings, such as water and electricity charges.

The claim that “some developers tried to challenge the new Act because they refused to hand over control of the management to the residents because the money collected for maintenance was lucrative” is false in so far as the Medan Putra Condominium is concerned.

It is also contrary to the more usual scenario in most condominiums, where there is invariably inadequate collection to meet the regular monthly expenditure for service maintenance and utilities, as is the case for Medan Putra Condominium.

The notion that the persons allegedly running the JMB represent and are supported by all the purchasers in the condominium is false and misleading.

Police reports had been lodged to show that numerous residents do not support and do not agree with the actions of those running the JMB.

LIM KHOON ONG,

Director,

Debir Desa Development Sdn Bhd

A Positive Note

2009-09-23T01:03:00.000-07:00

Court rules in favour of Medan Putra residents to form Joint Management Body
By STEVEN DANIEL

RESIDENTS and the Joint Management Body (JMB) of Medan Putra Condominium in Bandar Manjalara can now breathe a sigh of relief after a court decision ruled in their favour against the developer, said Segambut MP Lim Lip Eng.

He said the residents claimed that the condominium when run by the developer for almost eight years, was dirty, had poor security, faulty lifts and cracked walls.

“To solve their woes, the residents formed a Joint Management Body (JMB) in June 23, 2008 to take over the management of the building but was stopped by a court injunction by the developer,” he said.

Medan Putra JMB spokesman Gary Chan said the JMB was sanctioned on April 14. 2008 by the Commissioner of Buildings.

The JMB was registered on June 22, 2008 but the developer failed to attend a meeting with the residents even after sufficient notice was given.

Chan said High Court decision on Aug 10 clarified that under Section 4(1)(a) of the Building and Common Property (Maintaince and Management) Act 2007, the existence of the Management Corporation (MC) in April 12, 2007 does not relieve the developer of its mandatory obligation to establish a JMB

“To put it succintly, a developer must set up a JMB before forming a Management Corporation, otherwise it is considered illegal and a new JMB must be formed.

He said some developers tried to challenge the new Act because they refused to hand over control of the management to the residents because the money collected for maintenance was lucrative.

Meanwhile, the developer of the project, Debir Desa Development Sdn Bhd said they would be appealing for a stay at the Appeals Court on Oct 1.

Its director, Lim Khoon Ong, said they sought for a judicial review on several sections within the Building and Common Property (Maintaince and Management) Act 2007 (also known as Act 663) because they had other interpretations of the legislation.

“Under normal circumstances, most councils won’t consent to the formation of a JMB after MC is formed but in our case, the Commissioner of Buildings (COB) recognised JMB.

“This was the main reason why we challenged the COB and JMB as well as seek a clarification from the court on how the new act works,” he said

An Interesting Comment - SYABAS Water Migration Exercise

2009-08-12T20:47:00.000-07:00

Syarikat Bekalan Air Selangor Sdn Bhd
Encik Mohd Azmi Md Nasir
Pengarah Wilayah Zon Selatan
Bahagian Wilayah

Tuan,

Kami merujuk kepada taklimat pada 12 hb August 2009 berkenaan prosedur pemindahan meter air di mana wakil wakil semua Goodyear Court 1-10 ada hadir bersama untuk mendengar dan memberi pandangan masing masing.

Pada pandangan kami kebanyakkan keperluan Syabas boleh di penuhi oleh ramai pengguna penguna (pemilik apartment) tanpa masaalah besar..

Tetapi sekira Syabas hendak menunggu hanya akan dapat memulakan proses migration apabila hanya semua atau hampir semua pemilik memenuhi semua syarat syarat Syabas pada pendapat saya ada lah tidak praktikal dan tidak menasabah dan akan memakan masa yang amat panjang dan hanya akan memaksa pihak pihak seperti MC dan "Service Provider" membuat kerja kerja yang tidak produktiv dan membuang masa semua pihak..

Sekira Syabas serius untuk memain peranan proaktif dalam Migration Process ini sepatutnya ia di implemantasikan secara berkelompok. Saya tidak nampak apa masaalah sebenarnya dari pihak Syabas melainkan hanya secara administrativ sahaja. Sekira ada masaalah masaalah yang releven saya harap Syabas dapat lah kemukakan kepada kami supaya dapat kita besama mengatasinya untuk keuntungan semua pihak.

Kami harap Syabas dapat menjalankan migration process ini secara berkelompok untuk mengelak persepsi pemilek pemilek bahawa Syabas sengaja hendak melengah lengahkan process migration ini semata semata untuk terus megutip hasil atas "commercial rate" selama lama yang boleh.

Sekian, terima kaseh.

Teresa Kok - Raises Our Concern in Parliament

2009-07-12T02:29:00.000-07:00

Ucapan Penangguhan YB Teresa Kok (Seputeh) di Dewan Rakyat Pada 29 Jun 2009

Demi menyelesaikan masalah pembeli rumah di projek perumahan strata, Akta Bangunan Dan Harta Bersama (Penyenggaraan dan pengurusan) 2007 [Akta 663] diwujudkan supaya pembeli dan pemaju boleh menyenggarakan harta bersama sebelum hak milik strata sesebuah bangunan dikeluarkan.

Walaubagaimanapun, banyak kelemahan berlaku sehingga menimbulkan pertelingkahan antara pemaju, pembeli dan Badan Pengurusan Bersama atau JMB selepas Akta 663 dilaksanakan. Akta 663 ini kelihatan tidak mampu menangani isu-isu penyenggaraan harta bersama di projek perumahan strata yang sangat kompleks.

Kelemahan Akta 663 yang ketara adalah seperti berikut:

i) Banyak peruntukan dalam akta ini menggariskan tanggungjawab pemaju dengan jelas tetapi kesalnya, akta ini tidak menetapkan peruntukan yang memberi kuasa kepada Commission of Building (COB) untuk mendakwa pemaju sekiranya pemaju tidak melaksanakan tanggungjawabnya seperti gagal membentangkan akaun audit projek dan sebagainya.

ii) Akta 663 terletak di bawah Kementerian Perumahan dan Kerajaan Tempatan manakala Akta Hakmilik Strata 1985 [Akta 318] di bawah Kementerian Sumber Asli dan Alam Sekitar. Keadaan ini menyebabkan wujudnya keadaan di mana tiada penyelarasan di antara kedua-dua Akta berkaitan. Dengan itu, berlakulah pertindihan tanggungjawab antara JMB di bawah Akta 663 dengan pemilik asal atau pemaju semasa tempoh permulaan di bawah Akta 318, serta tanggungjawab pembeli untuk membayar caj perkhidmatan kepada akaun Kumpulan Wang Penyenggaraan Bangunan yang ditadbir di bawah JMB atau Kumpulan Wang Pengurusan yang ditadbir oleh pemaju.

Saya terima banyak keluhan daripada pembeli di mana JMB tidak dapat ditubuhkan di projek pemajuan mereka yang telah membuka buku daftar strata kerana peruntukan Akta 663 telah mengecualikan penubuhan JMB bagi kawasan pemajuan yang telah ditubuhkan Perbadanan Pengurusan (MC) di bawah Akta 318. Ini mengakibatkan hak pembeli untuk terlibat secara langsung dalam urusan penyenggaraan harta bersama tidak dapat diberikan.

Selain itu, perbezaan terma yang digunapakai antara Akta 663 dan Akta 318 juga mengakibatkan kekeliruan apabila JMB dan MC ditubuhkan.

Misalannya, Ahli Jawatankuasa Pengurusan Bersama terdiri daripada 5 hingga 12 orang di bawah Akta 663 manakala Majlis Perbadanan Pengurusan terdiri daripada 3 hingga 14 orang di bawah Akta 318. Justeru itu, kekaburan dalam Akta 663 perlu dimasukkan dalam Kaedah Akta 663 yang perlu diwujudkan segera oleh Kementerian Perumahan Dan Kerajaan Tempatan.

Saya juga ingin menyarankan, tribunal atau mahkamah khas Pesuruhjaya Bangunan perlu diwujudkan supaya penguatkuasaan yang berkesan dapat dijalankan dan pertikaian yang melibatkan semakan perundangan dapat diselesaikan dengan cepat dan efektif.

Selain itu, saya mencadangkan kerajaan supaya mengambil inisiatif untuk menjadikan lif di projek pemajuan strata kos rendah sebagai infrastruktur dan aset kerajaan melalui kaedah pajakan dan diinsuranskan untuk mengurangkan beban pembeli yang tidak mampu membiayai kos penyenggaraan lif yang sangat tinggi disamping masalah vandalisme yang kerap berlaku.

Rentetan dengan isu pemotongan bekalan air dan elektrik yang hampir berlaku di semua projek pemajuan strata, saya mencadangkan supaya pindaan kepada Akta Industri Perkhidmatan Air 2006 [Akta 655] atau Enakmen Pembekalan Air 1997 dan Akta Bekalan Elektrik 1990 [Akta 447] dibuat dengan memasukkan peruntukan yang membolehkan pemakaian bil meter air dan elektrik harta bersama dicajkan terus kepada pembeli, supaya setiap pembeli bertanggungjawab terhadap penggunaan air dan elektrik kepada petaknya dan harta bersama, dan pemotongan bekalan air dan elektrik hanya melibatkan pembeli yang tidak membayar bil air dan elektrik.

YB Teresa Kok Suh Sim
Ahli Parlimen Seputeh

JAWAPAN :

Tuan Yang Di-Pertua.

Kementerian sedar mengenai beberapa kelemahan yang terdapat dalam peruntukan Akta 663 khususnya berkaitan peruntukan kuasa Pesuruhjaya Bangunan untuk mendakwa pemaju yang gagal melaksanakan tanggungjawabnya. Walaubagaimanapun, untuk makluman Dewan Yang Mulia ini, Akta 663 telah menyatakan beberapa peruntukan kuasa pendakwaan kepada Pesuruhjaya Bangunan terhadap pemaju seperti:

1 Seksyen S.5(5)
Kesalahan: Kegagalan menjalankan Mesyuarat Pertama oleh Pemaju
Penalti: Jika sabit kesalahan boleh dikenakan denda tidak melebihi RM 2,000.00 atau 3 bulan penjara.

2. Seksyen S.17(7)
Kesalahan: Kegagalan Pemaju menghantar penyata, laporan, akaun dan maklumat berkaitan Akaun Penyelenggaraan Bangunan seperti yang dinyatakan oleh Pesuruhjaya Bangunan.
Penalti: Jika sabit kesalahan boleh didenda tidak kurang daripada RM 10,000.00 dan tidak lebih daripada RM 100,000.00 dan tambahan RM 1,000.00 bagi tiap-tiap hari kesalahan yang diteruskan selepas sabitan.

3. Seksyen S.20
Kesalahan: Larangan mengutip Caj sebelum pembukaan Akaun Penyelenggaraan Bangunan dan Pemilikan Kosong
Oleh Pemaju atau Badan.
Penalti: Jika sabit kesalahan boleh didenda tidak lebih daripada RM 100,000.00 atau dipenjarakan tidak melebihi
satu (1) tahun atau kedua-duanya.

4. Seksyen S.21
Kesalahan: Kegagalan Pemaju (bagi projek siap sebelum dan pada 12 April 2007 dan Perbadanan Pengurusan (MC)
belum ditubuhkan) menyerahkan Akaun Penyelenggaraan yang di audit kepada Pesuruhjaya Bangunan.
Penalti: Jika sabit kesalahan boleh didenda tidak kurang daripada RM 10,000.00 atau dipenjarakan selama tempoh
tidak melebihi satu (1) tahun atau kedua-duanya.

5. Seksyen S.31
Kesalahan: Kegagalan Pemaju mendepositkan Kepada Pesuruhjaya Bangunan bagi Maksud membaiki harta bersama Selepas disiapkan.
Penalti: Jika sabit kesalahan boleh didenda tidak melebihi RM 5,000.00 dan tambahan tidak melebihi RM 50.00
setiap hari jika diteruskan selepas sabitan.

Tuan Yang DiPertua,

Kementerian juga sedar mengenai masalah pengurusan yang dihadapi oleh penghuni-penghuni rumah ber strata ini. Oleh yang demikian, Kementerian sedang melakukan beberapa usaha seperti berikut ;

1. Sedang melaksanakan usaha penambahbaikan Akta Bangunan dan Harta Bersama (Akta 663) dengan menubuhkan Jawatankuasa-Jawatankuasa berkaitan pindaan Akta 663 yang melibatkan Pertubuhan-Pertubuhan Bukan Kerajaan, Jabatan Kerajaan dan Pesuruhjaya Bangunan di Kawasan Pihak Berkuasa Tempatan.

2. Menubuhkan Jawatankuasa Bersama antara Jabatan Ketua Pengarah Tanah Dan Galian dan Jabatan Perumahan Negara bagi menyelaraskan peruntukan undang-undang berkaitan pengurusan bangunan yang mempunyai Hakmilik Strata yang terdapat dalam Akta Bangunan dan Harta Bersama (Akta 663) dan Akta Hakmilik Strata (Akta 318). Antara keputusan Jawatankuasa Bersama tersebut adalah menghasilkan dua Akta yang lebih khusus. Akta 663 akan meliputi semua hal-hal yang berkaitan dengan pengurusan manakala Penyenggaraan Bangunan dan Harta dan Akta Hakmilik Strata akan hanya melibatkan hal-hal berkaitan hakmilik dan pendaftaran hakmilik. Ini bermakna penyelarasan akan dilakukan dengan cara lebih holistik termasuklah penyelarasan daripada segi ;
2.1 Interpretasi
2.2 Pentadbiran
2.3 Terminologi
2.4 Kaedah , peraturan, jadual
2.5 Kuasa pegawai, dan
2.6 Hal-hal lain.

3. Kementerian berpendapat cadangan penubuhan Tribunal pada masa ini tidak perlu kerana segala aduan dan semakan pertikaian boleh dikemukakan kepada Pihak Berkuasa Negeri masing-masing bagi mendapatkan keputusan.

4. Lif merupakan sebahagian daripada Harta Bersama dalam sesebuah kawasan pemajuan. Pada masa ini tiada hakmilik khusus dikeluarkan kepada mana-mana bangunan dan kawasan harta bersama. Oleh yang demikian, urusan pajakan lif tidak dapat dijalankan. Walaubagaimanapun, peruntukan sedia ada tidak menghalang Badan Pengurusan Bersama (JMB) memasukkan cadangan menginsuran lif sebagai salah satu perbelanjaan pengurusan kawasan pemajuan tersebut.

5. Bagi cadangan pindaan Akta Industri Bekalan Air 2006 (Akta 665) atau Enakmen Pembekalan Air 1997 dan Akta Bekalan Letrik 1990 (Akta 447), ianya terletak di bawah bidang kuasa Kementerian lain.

Standing by YOU!

2009-07-05T18:29:00.000-07:00

Come forward, buyers of abandoned condo urged
By FAZLEENA AZIZ

THE Platinum Damansara Buyers Pro tem Committee is urging more affected buyers to come forward in a bid to resolve problems surrounding the abandoned condominium project in Ara Damansara, Petaling Jaya.

According to the committee, the project developer got into difficulties and stopped construction in the middle of 2007 without informing the buyers.

In December 2007, the buyers received letters sent by a firm on behalf of the developer, proposing a takeover by an investor and requesting the buyers to forgo certain benefits offered when the units were initially sold.

By February 2008, the debenture holder had appointed a company as Receivers and Managers of the project.

The committee held a meeting with about 50 affected buyers, in the hope of seeking new avenues they could pursue.

Several issues were brought up by the committee members during the meeting in Kuala Lumpur on Saturday, such as how the developer did not have a bank account and that only 30% of the project was completed based on overall assessment, as well as getting legal aid.

The main concern of the buyers was that most had already paid 80% of the cost of the units and were looking for a solution to reduce their instalment payments.

Committee chairman Lawrence Ang said they would be seeking the state government’s help on the matter.

He said they would also be meeting the officers from the National Housing Department tomorrow.

There are 674 affected buyers of the project.

Those who are affected and want more information can log on to http://platinumdamansara.org/.

The Light At The End Of The Tunnel?

2009-07-05T18:24:00.000-07:00

Water meter migration mandatory in Selangor
By SALINA KHALID

THOSE who live in flats, apartments and condominiums will be able to enjoy the Selangor government’s free water benefit soon as the water meter migration has been made mandatory.

The Selangor government last week decided to make it compulsory for all high-rise developments to change the existing bulk water meters to individual meters.

“All developers, management agents, management corporations and joint management boards are required to iron out with Syabas all the problems they face which hinder the migration process.

“Any developer who refuses will be blacklisted by the state government,” Selangor Housing, Building and Squatter Management chairman Iskandar Abdul Samad said.

He said the decision was made by Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim during the Selangor Economic Action Com-mittee Meeting last week.

The free water policy, which was implemented by the state government after the March 2008 election, allows property owners to enjoy the first 20 cubic metres of water for free. However, the policy covers only those who have individual account billing using their individual water meters. The policy did not cover the majority of residents in high-rise buildings, which have bulk water meter system. It includes the low-income group staying in low-cost flats.

“Previously, Syabas would only allow the migration from bulk to individual water meter if all unit owners agreed to the migration. Syabas had also required all arrears to be settled before the migration,” Iskandar said.

Exemption from the 100% agreement by owners was only made when the owners were foreigners or in the process of selling their units.

Changing to individual water meters would allow owners to pay 57sen per cubic metre instead of the RM1.38 per cubic metre for apartments and condominiums and 80sen per cubic metre for low-cost flats that they are now paying. Currently, condominium residents have higher water bills as they are charged commercial rates as opposed to those with landed property, who pay a lower rate.

The accounts for the bulk meters are under the name of the management corporations (MCs) or the developers, so the rates are based on commercial rates.

A bulk water bill is sent to the management company, which in turn will charge the units for the amount of water used.

Problems arise when some of the residents fail to settle their water bills and accumulate arrears over the years, and water supply to the whole building is cut.

“Those who pay their bills on time will not have to worry about that problem as supply will only be cut to those who fail to pay their own bill, not on the bulk meter,” Iskandar said.

The fact that every one can get individual accounts was good news to many high-rise residents.

“We’ve been waiting for this. We’ve been asking the state government to make this water meter migration exercise mandatory.

“We are happy that it is finally coming true,” said Condominium, Apartment and High-rise Com-mittee (CAHC) pro tem chairman Tengku Nazaruddin Zainuddin.

He said they had received numerous complaints by condominium owners and residents on difficulties faced from the bulk meter issue.

Most of them, he said, could not switch to individual meters because of their failure to get the consent of all the residents.

He added that some MCs and developers were also not in favour of the migration. Many MCs are using the water meter as a bargaining tool to force owners to pay the maintenance fees, as MCs issued both bills together.

Haryati Hamzah, who lives in a medium-cost apartment in Damansara Damai, Petaling Jaya, said the move would enable her to save on her monthly bills.

The mother of four said her current water bill was more than RM50 per month. “We surely can use the money on something else, especially during the hard times now,” said the housewife.

Gated and Guarded.....

2009-06-30T17:16:00.001-07:00

Bill specifies terms and conditions

THE Gated and Guarded Communities Bill 2009 was drafted by the Tropicana Residents Association to allow the installation of barriers and/or boom gates at the entry and exit points to the area.

It also addresses the appointment of security guards to operate the barriers and/or boom gates and to patrol the community.

It also touches on several issues like the application for approval of a gated and guarded community.

The application for approval for new developments has to be made by the developer to the local authority before the development is approved.

It also said that the developer shall inform buyers of the conditions of such communities through provisions in the sale and purchase agreements, especially on matters relating to the cost of provision and maintenance of security services.

Application for approval of an existing gated and guarded community shall be made by the registered residents’ association (RA) only to the local authority, with consent of at least 51% of the registered owners.

The developer or the registered RA, if applicable, would have the power to fix and collect service charges for the provision of security services and facilities by the developer provided such charges are agreed to by at least 51% of the registered owners and approved by the local authority.

The bill also states that all payments for service charges, whether by the developer or RA, shall be deducted from the annual assessments paid by the owners to the local authority.

Among other issues addressed are the authorisation of security guards, use of guard dogs, powers of stopping, arrest and detention, power to stop vehicles, power to require the production of national registration identity card within the community, power to require the production and inspection of driving licence, 24-hour operation of barriers and boom gates, construction of guardhouses and erecting fencing.

...and problems continue,...

2009-06-29T20:44:00.000-07:00

Penduduk buat laporan polis

DAMANSARA – Penduduk Apartmen Flora Damansara semalam membuat laporan polis berhubung tindakan terhadap Jawatankuasa Pengurusan Bersama (JMC) dan juga pihak pengurusan bangunan yang didakwa gagal menjalankan tugas serta amanah dengan baik.

Pengerusi Persatuan Penduduk Flora Damansara, Abdul Hakim Amir berkata, pihaknya mengambil keputusan itu kerana memikirkan kepentingan awam apabila kedua-dua pihak tersebut dilihat tidak berminat untuk menyelesaikan masalah melibatkan blok di bawah pentadbirannya.

Menurutnya, kedua-dua pihak itu pernah dua kali dijemput secara rasmi melalui surat untuk menghadiri sesi dialog bersama penduduk, namun ia hanya dipandang sepi.

“Kita pernah mengadakan sesi dialog pada 25 dan 29 Mei lalu, namun tiada sebarang jawapan diberikan menyebabkan penduduk mula mempertikaikan kewibawaan kedua-dua badan itu.

“Banyak masalah perlu diselesaikan umpamanya kerosakan pam di Blok D yang semakin serius yang langsung tidak diberi perhatian sejak tiga tahun yang lalu hingga memaksa penduduk di 569 unit di situ hidup dalam tidak selesa.

Menurut Hakim, kerosakan pam yang tidak diberi perhatian itu menyebabkan koridor penduduk digenangi air setelah pam tidak berfungsi yang menyebabkan air tangki melimpah.

Katanya, pihak persatuan penduduk juga kesal kerana JMC dan pihak pengurusan bangunan menuduh penduduk melakukan vandalisme melalui memo yang ditampal di setiap blok.

“Ini merupakan satu fitnah kerana ia bertujuan untuk memburukkan dan menjatuhkan reputasi penduduk kerana tiada bukti kami merosakkan pam itu,” katanya

Dalam pada itu menurut Hakim, pihak Suruhanjaya Bangunan (COB) di bawah Majlis Bandaraya Petaling Jaya (MBPJ) juga mengeluarkan arahan secara rasmi supaya pihak pengurusan bangunan mengemukakan akaun kira-kira kepada penduduk untuk diteliti.

Difahamkan pengurusan PAMA Services baru mengambil alih pengurusan bangunan blok C, D, E,F dan H dari Allied Property Management sejak April lalu.

More on 663 in parliament..

2009-06-22T08:56:00.000-07:00

Puan Teresa Kok Suh Sim [ Seputeh ] minta MENTERI PERUMAHAN
DAN KERAJAAN TEMPATAN menyatakan bilakah Kementerian akan
membentangkan peraturan (regulations) yang sepatutnya terkandung
bahawa Building and Common Property (Maintenance & Management Act
2007). Apakah Pesuruhjaya Bangunan (Commission Of Buildings) boleh
mendakwa pemaju yang enggan mengikut arahannya berdasarkan
Seksyen 17(7) dalam akta tersebut.

Current Developments in Selangor

2009-06-20T01:13:00.000-07:00

In order to address some of the issues regarding the functions and effectiveness of the COB in the different PBTs in Selangor; the Selangor State Government has appointed PETUGAS KHAS 663 for each of the PBTs.

These officers will be based in the various PBTs and will assist the COB with the duties and responsibilities related to it. These same officers whilst being placed at the PBT, will also be reporting back to the EXCO incharge ie: YB ISkandar, the Exco for Perumahan.

Mr Lim Im Chee MPKJ
En Ahmad Syahmi MPK
En Mohd Ijhar MPS
En Nor Azman MPAJ
Mr Mak K W MBPJ
Mr Peter Chong MPSJ

For Information Only

Our Concerns To Be Raised in Parliament

2009-06-03T17:39:00.000-07:00

The following is a question that YB R SIVARSA the Member of Parliament for SUBANG will raise in Parliament at the coming session beginning on 16th June 2009.

Tuan R. Sivarasa [Subang] meminta Menteri Kerajaan Tempatan dan Perumahan menyatakan apakah rancangan yang sedang dan akan diambil oleh kementerian untuk mengatasi masalah pengurusan kediaman berstrata khasnya di pangsapuri kos rendah yang timbul akibat Akta 663 yang diperkenalkan dalam tahun 2007.

We look forward to the response from the Minister. We hope to be able to post the response here.

Meanwhile, we would like to say a big Thank You to YB Sivarasa for raising our concerns. We hope that the problems faced by Strata Titles Property owners will be given due attention by all concerned.

The Perils of a Mediator

2009-05-31T09:48:00.000-07:00

In recent weeks, CAHC has been involved in an MC problem where we were invited in to assist as a “mediator”.
However, in this particular MC, the problems between the two factions of the Council Members have gone to a very personal level where common sense appears to have gone down the gutter. Thus, even the “mediators” are targeted.
If the mediator says something that seem to favour one side, the other would lodge complaints to whoever that will listen, against the mediator. The “mediators” involved here includes the Wakil Rakyat: complaints have been lodge with the party headquarters and even a threat to complaint to the Mentri Besar. Other “mediator” includes the local council where a lawyer’s letter was sent to the council by one faction.
The CAHC who is also a “mediator” has not been spared from these complaints either. Complaints against the representative of CAHC have been made to the COB and to the wakil rakyat. The complainant is of course the faction that felt that the CAHC representative had not spoken in their favour.
Here I would like to state that in all instances of people problems within either an MC or JMB/JMC, CAHC will always maintain a neutral stand; not siding either side. We will maintain our objectives of protecting the rights of the majority of owners.
Thus in the above case, we will stand firm in protecting the rights of the majority of the owners; whatever happens. Thus the owners should have no fear that we will abandon them. We will continue to stand by them and give our advice accordingly; even when we face verbal abuse and insults from unappreciative owners / council – committee members.

Christy continues ... where is the justice

2009-05-11T23:55:00.000-07:00

Why is it that highrise dwellers are forced to pay commercial rates for electricity and water for the common areas. It is a residential complex with some shoplots which are non operational. It is understandable if commercial units are charged commercial rates but why the common areas are also commercial rates?

If there there is a flaw in the law then it must be made right for the benefit of our grandchildren and great great grandchildren.

Christy Wrote......assessment rates

2009-05-11T23:46:00.000-07:00

Dear Sir

As highrise dwellers we encounter having to pay a very high assessment fee compared to landed properties.

Poor people are now forced to dwell at highrises because landed properties are so exhobitant and yet our assessments many times more that landed properties.

Why is this so.

cahc replies:

please note condo/apartment owners do not pay higher rates: it is just that for the same rate we pay, we do not get the same services from our local council. For example: we still need to hire our own garbage collectors, people to clean the drains within our compound; we pay for our own lighting within our own compound.

The "higher" rates mentioned would probably be that you are paying commercial rates for your residential property. This is because what you bought is NOT residential but is "Commercial" property: ie Service Apartments.

The plot of land where your building is constructed is most likely to be commercial land. The developer chose to build residential property instead plus perhaps some shop lots. Thus you would be paying for commercial rates for your assessment and utilities.

Thus you were infact ill advised by your legal advisor when you signed the Sales and Purchase Agreement!

***Please note that together with the Voice of the People, APAC had managed to convince the MBPJ to reduce the assessment rates for Highrise by 25%; ie they now pay 6% instead of the previous 8% of the rateable value.

Be a Part of our Parliamentary Process

2009-04-29T20:14:00.000-07:00

The next session of Parliament will begin on the 15th of June.

Do you have any questions which you hope can be asked in parliament?

Please write to me: Peter Chong pet_luc2002@yahoo.com

I will than pass on these questions to the relevant MPs so that they can put in their written questions to the concerned Ministries.

Be a part of the Parliamentary and thus the democratic process. Together, let us help build a Better Malaysia.

Please submit questions by the 15th of May, latest.

Thank you.

Developers given three months to hand over strata titles

2009-04-29T20:11:00.000-07:00

By FAZLEENA AZIZ

DEVELOPERS in Kuala Lumpur have been given three months to hand over strata titles to the respective owners or they stand to face legal action.

According to Kuala Lumpur mayor Datuk Ahmad Fuad Ismail, the drastic move is one of the many measures to resolve the strata titles problem.

He said the decision was made after the Kuala Lumpur City Hall (DBKL) discussed the matter with the Housing and Local Government Ministry and the Land and Mines Office.

The penalty for failure to adhere to the ruling is a maximum fine of RM20,000 or a three-month jail term.

Fuad said under the Building and Common Property (Management and Maintenance) Act, a developer had to give the strata title to an owner within a year.

According to Fuad, so far only 75,665 strata titles have been given for residential and commercial properties in KL.

Of the 44,168 developers in KL, 40% are still having the strata titles while 30% were given to the joint management bodies (JMBs). The remaining 30% of owners already have their strata titles.

“We will also talk to the owners about the management fees so that the operations can be carried out smoothly,” Fuad said.

“Developers should be aware of the legal requirements to expedite the handing over of the strata titles. The mayor acts as the commissioner of buildings in resolving the matter as stipulated under the law,” he said.

Fuad said the developers were fast in releasing the titles of low-cost units but slow with high-cost developments.

Under the jurisdiction of the DBKL, there are 236,421 high-rise units, of which 209,882 are residential and 26,539 commercial.

A Light at the End of the Tunnel?

2009-04-29T20:10:00.000-07:00

Selangor will be resuming negotiations on water restructuring with the Federal Government despite past setbacks.

“The Energy, Green Technology and Water Ministry and Selangor have agreed to work together to find the best solution in the restructuring of the water services industry in the state,” said the Mentri Besar’s press secretariat in a statement here yesterday.

Both sides had also agreed to set up a joint task force, headed by the State Secretary, to find an amicable solution to all pending issues involving the exercise, which would include takeover of water assets from the four water concessionaires by Selangor, the statement said.

The commitment to find a solution was made by both the new minister Datuk Peter Chin and Selangor Mentri Besar Tan Sri Khalid Ibrahim during their first official meeting in Putrajaya on Monday

CONDO UNIT USED AS NEPALESE GUARD HOSTEL

2009-04-24T08:37:00.000-07:00

Anyone with ideas or have experience to share?

Mr Lim wrote:

My neighbour unit had been turned into Nepalese Guard
> hostel and worst still it is overcrowded with at least 12
> and above staying in the unit of 3 rooms.
>
> My unit is affected by this unit since their bathrooms and
> cooking area are near and directly facing my unit.
>
> I reported to the management but our house rules did not
> state the maximum person to stay in a unit.
>
> It is very annoying and I am worried of the health
> conditions that might caused by the unit.
>
> I am very fustrated and currently looking for help else
> where.
>
> Can you advise anything can be done ? Our JMB also told
> me the same answer.
>
> My condo's house rules is not as detail as other
> condominiums.
>
> Please advise.
>
> Need help

Legal action against errant developers

2009-04-05T21:23:00.000-07:00

By LIM CHIA YING

LEGAL action will be taken against developers in Selangor who fail to call for a meeting of the Joint Management Body (JMB) under the Building and Common Property (Management & Maintenance) Act 2007.

Selangor Real Property and Housing Board executive director Datin Paduka Alinah Ahmad said the Selangor Land Office had identified several developers who had failed to call for a JMB meeting within the stipulated 12-month period.

In focus: The developers of apartments will be under scrutiny if they fail to form the JMBs.

According to Alinah, the developers were required to hold the meeting within 12 months of the implementation of the Act if the properties were completed and vacant possesion handed over before it came into effect.

For other properties, the JMB meeting would have to be organised within 12 months of the vacant possession hand-over.

The Act was passed by Parliament in December 2006 and was implemented on April 12, 2007.

Alinah was speaking to representatives of about 50 JMBs at a dialogue organised by Subang Jaya assemblyman Hannah Yeoh, the Zone 1 Residents Committee (JKP) and the Subang Jaya Municipal Council.

National House Buyers Association (HBA) honorary secretary-general Chang Kim Loong, who was one of the speakers at the dialogue, advised all buyers of stratified property to lodge complaints with the Land Office if the developers failed to apply for strata titles within six months of the issuance of the Certificate of Fitness.

Chang said there were still some teething problems and loopholes in the Act. He pointed out that there were no regulations within the Act and that the Commissioner of Buildings (CoB) lacked prosecutorial powers againts defiant developers.

“Problems often crop up during the transition period after the CF is given but before the strata title is issued.

“We have asked the Ministry to issue strata titles together with the CFs or the Certificate of Compliance and Completion (CCC).

“A special focus group is working on this at the moment,” Chang said.

Alinah added that a Management Corporation (MC) would automatically be formed once the strata title book was open.

“However, an AGM of the MC can only be called when 25% of the strata titles have been issued,” she said.

Alinah said she would also ask the Land Office to send letters to inform the CoB once 25% of strata titles for a particular development have been issued.

Chang had earlier pointed out that Seremban already had a similar procedure in place.

During the dialogue, the JMB representatives also brought up various issues they faced within their properties.

Yeoh explained that the dialogue aimed to get all the experts in one forum to discuss and iron out the issues. She added that she hoped this would also help the owners find out about their rights.

Also present were MPSJ Zone 1 councillor Theresa Ratnam Thong who acted as the dialogue moderator and MPSJ CoB director Tee Siew Bee.

Objection signatures and memo submitted to MBPJ

2009-03-23T19:07:00.000-07:00

By TAN KARR WEI

RESIDENTS of Bandar Sri Damansara are firm on their stand to oppose any development on Meranti Hill along Persiaran Meranti.

About 200 residents staged a peaceful protest at the parking area of the Paradesa Rustica condominiums last Sunday, under the scorching afternoon sun.

“We saw what happened at Bukit Antarabangsa (referring to the Dec 6 landslide which killed five people) and we don’t want the same thing to happen here,” Paradesa Tropica joint management committee adviser Andrew Tan said.

During a public hearing at the Petaling Jaya City Council (MBPJ) headquarters last week, the residents found out that in addition to the 12 highrise blocks of 35 to 36 storeys, similar to those in the previous proposal, the developer had included a 0.79ha commercial lot in the plans.

“We are stressing again that Persiaran Meranti is a narrow road that can’t cope with the additional 7,000 cars projected from the development,” Tan said.

He said there was already soil erosion at several places around the hill and the Rustica condominium car park would be flooded whenever it rained heavily.

According to Subang MP Sivarasa Rasiah, under the Petaling Jaya Local Draft Plan 2 (RTPJ2), many development projects are being proposed for PJ.

“There are attempts to turn PJ into a city like KL but we don’t have the necessary road infrastructure and transport facilities to support the heavy traffic,” he said.

The residents also handed over a memorandum together with about 1,500 objection signatures to MBPJ councillor Chan Chee Kong, highlighting their concerns over the project.

Chan said that this was the third proposal that the MBPJ had received for the development and the council would look into the application after hearing the objections.

When contacted, a spokesman for the developer said they had followed all procedures and were only building on class 1 and 2 slopes.

“We will make sure that all the safety and engineering practices are carried out and had also given an undertaking during one of the objection hearings to compensate residents if anything happens during construction,” he said.

He added that the developer had heard residents’ grouses regarding density and had reduced the number of blocks from the initial 15 to 12.

JMB and your voice...

2009-03-07T08:50:00.000-08:00

JMB and Your Voice!
In the past two weeks, I have had to attend to problems between the JMC and the other owners, including even between JMC Chairman and committee members.
There are many instances where the Chairmanship has caused the “craze” of authority to climb to the head of the Chairperson. They seem to be like dictators, managing the committee and the property like the other owners are school kids.
There are instances where the Chairman decides to over-rule whatever decision that has been made at committee meetings, changing contents of the minutes as well as “punishing” committee members and owners for questioning him / her.
All these cannot be allowed to happen – owners must stand-up to these kind of dictatorial and irresponsible management styles. In a few instances, the other committee members choose to resign – which is the wrong thing to do. If they see something wrong, the other committee members should not resign, but instead they should stand-up and put their feet down.
They must be willing to raise the matter with the COB and more importantly, the COB ,must investigate and where necessary, to take action. COB cannot just ignore the matter and pretend it is not there and wait for it to go away!
I have seen instances where both husband and wife are involved in the committee – how can the COB even allow such things to happen. There have been instances where the husband is the chairman and the wife the treasurer and both are signatories to the account. On the other instance, the wife is the Chairman while the husband is the “managing agent” – whose appointment is also questionable. Even if the appointment is properly done – surely the COB must advise them against such a situation. Is there no one else to run the place?
What is more disappointing for me is the fact that committee members and owners are aware of such “compromising situations” and they choose to do nothing. Some even claim that they do not know what their rights are. Surely simple common sense would also tell you that such situations are not right.
Apartment and Condo living is a part and parcel of Malaysian Community. JMB issues are real and will not go away. If we choose to keep quiet and wait for the authority to do something, than I am sorry to say, we deserve whatever problems that come our way.
So please my dear friends, my appeal to you – STAND UP and PROTECT YOUR RIGHTS! Seek answers and solutions instead of just folding your arms and say; “Aiyah, its like that la – what to do!!!!” Lets Change It!

Govt must tackle high-rise poser

2009-03-03T07:21:00.000-08:00

HIGH-RISE tenants are likely to face problems with water supply in the near future.
The Building and Common Property (Maintenance and Management) Act 2007 spells out that a joint management body (JMB) will be liable for all jointly owned properties including the pump house, water tanks and piping in the building. The problems start when consumers are not fully aware of this act and its function. In near future, it will be compulsory for high-rise tenants to have individual meters and pay directly to water companies.

However, these consumers still need to spend extra to maintain the rest of the jointly-owned water supply properties. This situation is different from landed properties as the responsibility of the water supply company lies up to the individual meters or to certain distance from the main pipe.

Now, the question is whether the JMB which comprises residents has enough funds to operate such jointly-owned properties. Secondly, how will the tariff be decided? This is because compared to landed property owners, high-rise residents receive fewer services while bearing the cost of common properties for water supply.

It is dangerous to leave the issue as it is. If the JMB fail to collect enough management fees, it may end up unable to maintain the properties well. And in many states, there are no JMBs for high-rise buildings.

The Housing and Local Government Ministry must coordinate with the Energy, Water and Communications Ministry to solve this problem. There should be a mechanism to manage these properties and not left to the consumers because they bought a high-rise property.

Piarapakaran Subramaniam
Fomca Environment Desk

JMB Training Programme

2009-03-02T06:28:00.000-08:00

Bengkel 663 Taklimat
Bengkel Akta 663 ini bertujuan untuk memberikan peserta-peserta panduan praktikal mengenai perundangan serta tugas dan tanggungjawab ahli-ahli dan ahli jawatankuasa Badan Pengurusan
***
Bengkel dan taklimat ini dijadualkan untuk selama 3jam dan melibatkan taklimat serta bengkel penyertaan peserta dan sessi soal-jawab.
***
Untuk memastikan penyertaan sepenuhnya oleh semua peserta, maka setiap sessi Bengkel – Taklimat dihadkan kepada 20 orang peserta (maksima)
***
Kos penyertaan hanya
RM50
seorang peserta (termasuk sijil penyertaan)

Untuk pertanyaan lanjut sila hubungi Tengku Naza: 012 284 9146, Peter 012 905 9948

Sinking Funds - sunken responses?

2009-01-21T03:15:00.000-08:00

Mr Chew wrote:

I have a question regarding sinking fund, appreciate if you could advice me. I am currently one of the JMC member (form on Jan-08), on phase 1 (156 units, completed on sept-03) , the developer collected sinking fund since hand over of vacant possession but on Phase 2 (256 units, completed on nov-06) the developer only start to collect sinking fund on 3rd years onwards, as written in the Deed of Mutual covenants, so now the JMB is short of sinking fund on 1st & 2nd year. Question1) Is the developer have rights to waive sinking fund?2) if not, how can JMB recover the sinking fund money from developer?

2009-01-10T11:13:00.000-08:00

Nicholas Phuah wrote:

HAPPY NEW YEAR TO ALL THE GUYS THERE. KEEP UP THE GOOD WORK!

With reference to the above blog written by Mr. Chan, I would like to suggest the following:-

1. Check your house rules carefully to ensure that there are preventive and protective clauses. If not, urgently prepare additional clauses to tighten control.

2. While it may not be legal to prevent owners from renting out to any tenants, there are other laws and bylaws regulating the no of occupants per unit.

3. The JMC/MC can ensure that all owners and tenants must comply with the house rules.

4. The JMC/MC must be strong in ensuring the policy must be enforced. You must have a strong property manager and security to back you up.

In a fix over condo unit titles

2008-12-24T18:20:00.000-08:00

From STAR METRO: http://www.thestar.com.my/metro/story.asp?file=/2008/12/25/central/2690592&sec=central

By PRIYA MENON
priya@thestar.com.my

RESIDENTS of Heritage Condominium in Jalan Pahang, Kuala Lumpur, are bedevilled by a host of problems.

Apart from lack of maintenance and security, they are also facing difficulty in obtaining individual titles for their units.

Kirpal Singh: Questions the lack of security at the condo.
Chairman of the residents’ pro tem committee Khong Kin Hai said when the developer of the condominium was declared insolvent, the court hired a liquidator who is demanding a 2% fee of the purchase price to produce titles for the property owners.

“Before the liquidator was appointed by the court, we had collected money and managed to get the titles on our own but they were left at the land office.

“Why must we pay so much for something we have already managed to get? Is it so difficult to get the titles from the land office?” asked Khong.

To add salt to the wound, their condominium is in a sad state of disrepair. There are three blocks of condominiums and each has four lifts. However, only one out of four lifts is working.

“It is dangerous for us to use the condo facilities. We have complained before but no action has been taken, The condo does not even have a certificate of fitness,” he said.

Another resident Fatimah Reynolds, a retired teacher said: “The buttons in the lifts are also missing and we are afraid of being electrocuted every time we stick our finger into the button hole,” she said.

Ugly: The tennis court looks far from inviting.

She said the management office had been turning a blind eye to the problems even though it was still collecting maintenance fees every month.

“The squash court is termite infested; the pool needs tending to and the tennis court flooring has to be replaced,” said Reynolds.

Evidently even security is lacking as two men managed to walk into a sundry shop and robbed it on Nov 25.

“Packets of cigarettes worth RM1,500 were stolen and we lost RM1,300 in cash. How can this happen when we have guards and a checkpoint,” asked another resident, Major (Rtd) Kirpal Singh.

Press at your own risk: The cover of the lifts’ buttons are also missing.

All these residents want now is to have their titles returned to them without having to pay an exorbitant fee.

“We hope the problem will be resolved quickly and we definitely want to elect our own management committee to ensure that we do not have maintenance problems in the future,” added Khong.

The developer, however, dec-lined to comment on the issue for the time being.

Season's Greetings

2008-12-24T18:13:00.000-08:00

Here's wishing all a BLESSED CHRISTMAS
Remember the True Meaning of CHRISTMAS.....that of love and care and giving...

Tenant Control....Yr Condo turning into a Hostel?

2008-12-23T08:00:00.000-08:00

Mr Chan wrote:

I'm in the JMB-Ken Damansara III and thankfully, it has been fairly smooth going on the management of the condominium.

I have a question on what I would term as "Tenant control". I have heard that some condos have set in place a policy to discourage owner-investors from renting out their units to certain groups of people. I'm interested to know how this is implemented effectively and within the law.

Is it enough that the JMB calls for an EGM in order that the owner-residents vote on this new rule to be included in the House Rules? What sort of majority vote are we looking at? 51% of owners?

As there is a new shopping mall coming up next door (anchor tenant possibly is GIANT) and Carrefour opening soon at Tropicana Mall nearby, the owner-residents are quite worried that some units in the condo may end-up as workers' hostel.

Presently, we have units which are rented out as hostels to students from nearby colleges and 1 unit as workers' hostel for Carrefour. It's clear that we need to nip this problem in the bud before it gets out of control.

Appreciate advise and comments on this matter.

ACT 663 - The Voice of the JMBs

2008-12-19T21:52:00.000-08:00

The All Petaling Jaya Residents' Association Coalition (APAC) in collaboration with the Majlis Bandaraya Petaling Jaya (MBPJ) is organising a forum titled:
AKTA 663 - Suara JMB

at the MBPJ Auditorium, Petaling Jaya
on Tuesday 23rd December 2008
time: 5:00pm to 7:00pm

All Residents Associations and JMB/MC's (especially in PJ) are invited to send representatives to the forum and be heard!

3 Working papers will be presented:
The Roles of Residents Association in High Rise properties under LA21

The Roles of JMB - COB

JMC - Management Problems...

For further information and confirmation please contact:
YM Tengku Nazaruddin - 012 284 9146
or
Mr Liew Wei Beng - 019 332 2073
or
Mr Peter Chong - 012 905 9948

Please also inform your neighbouring properties.

Thank you

Some Useful INFORMATION - SOP

2008-12-11T03:15:00.000-08:00

Nicholas wrote:

I was just browsing through the archives and one issue caught my interest – SOP. I would like to share our experiences and our ideas that may help other JMCs or MCs.

Last year, there were many complaints by some owners regards the conduct of the MC in Kiara Green Townhouses (KGT) pertaining to approvals of expenditures and external renovations.

We then secured 25% petitions from owners and the CoB’s directive to that MC to convene an EGM. The result – I became the Chairman of the new MC and one of our tasks was the formulation and implementation of SOP as a check and balance as well as guide future council members as to their functions, responsibilities and effective management of KGT. By the way, we could have sued the previous members for certain irregularities but we realized that most of them were just ignorant and unaware and thus we let the matter be.

Our is probably a unique structure whereby the council members appointed at the EGM and future AGMs are separated into the Executive Committee(Exco) and an Oversight Committee (OS). The Exco is responsible for the day to day operations while the OS acts as the watchdog. All minutes and decisions will be forwarded to OS for their information. We also allow any owner/resident to attend any council meeting as observer, provided sufficient notice is given. Major issues, like expenditures over RM10,000 or critical decisions will trigger the OS to sit in and deliberate. If all are in agreement, the decisions are finalized there and then. If there is no unanimous decision, an EGM will be convened to decide the issues.

The SOP have served us well and we also insisted that the appointed property manager adheres to our procedures. By the way, any amendments to the SOP will firstly require the agreement of the OS and any other serious amendments will require the approval of all owners either at AGM or EGM. Our next AGM is around the corner and I have no qualms about handing over to others.

I hope you will find this worthwhile sharing with others.

Calling all parcel proprietors in the State of Selangor.

2008-12-01T18:00:00.000-08:00

FORUM TO DISCUSS POSSIBLE SOLUTIONS TO PROBLEMS RE: ACT 663

DATE : 7th DECEMBER 2008

TIME : 2 pm

VENUE : P J CLUB, (next to A & W )

There will be guest speakers & VIP observers, to enlighten and share ideas and experiences.

COME, PARTICIPATE, SUPPORT

SPREAD THE MESSAGE

WE MUST EMPOWER THE AUTHORITIES TO ACT FIRMLY & URGENTLY.

Note : Please confirm your interest to attend to Jimmy Teo (jimmytwt@gmail.com) before 5th Dec. 2008.
( For proper planning on seating, food & drinks )

A JMB Committee needs your assistance...comments?

2008-11-25T17:20:00.001-08:00

Hi Everyone, I need some information from you guys especially those of you who have formed the JMB and have taken over from the previous Management Corp. If you are not in the JMB, appreciate if you could help to find out from your respective JMB: I need your help on the following:- 1. Lift - under comprehensive maintenance, some spare parts are not covered under comrprehensive agreement. Do you ask and are given the discount on these spare parts when they are replaced? If so, what is the discount rate given to you? 2. Do you go for comprehensive or the general maintenance agreement? What are your rationale for the selection? I need the information by, like yesterday, as we need to finalise the negotiation with the vendor for the maintenance agreement to be signed. Therefore, I would appreciate if you could respond as soon as you can before the end of today. Million thanks for your help and I apologise for having to rush you in this matter. Best regards Jenny

THANK YOU - Press Conference 14th November

2008-11-18T08:10:00.000-08:00

Firstly, APAC would like to thank all of you who took the trouble to attend the press conference held on the 14 nov 2008 Friday. Please read through the points i have raised below and try to append your proposals in blue. My current list is not complete so guys help me to prepare the memo. As agreed, we will submit a 'Memorandum' to YB Iskandar and COB MBPJ as soon as possible with regard to the following issues:
Lembaga Perumahan - YB Iskandar
Uniform interpretation of Act 663 to cover all 12 PBTs in Selangor

A. CLAUSE 5 – Duty of developer to convene meeting

Proxy votes if allowed must be scrutinized by COB to ensure transparency and prevent manupulation

B. CLAUSE 6 – First meeting of Joint Management Body

C. CLAUSE 10- Extraordinary general meeting

D. CLAUSE 33- Recovery of arrears of charges

E. CLAUSE 34- Failure or refusal to pay charges

Should ensure and fastrack the establishment of a Secretariat or Department at PBT level specifically to address all Condos and Apartments Issues staffed by
a. a Panel of Senior or experienced Lawyers b. a Panel of Accountants to review accounts submitted by developers and JMCs c. Enforcement officers to act against errant developers and JMCs d. a Budget allocated to finance the setting up of the Secretariat. All these must be fastracked at PBTs level as problems are piling up as we speak
COB - MBPJ
a. databank on all condominium and apartments to be maintained into 3 categories - high-end condos - medium cost Condos - Low cost Apartments b. to fastrack the establishment of a Secretariat without further delay c. enforcement officers
Problems faced by all Condo and Apartment Owners
formation of JMBs and JMCs
First JMB meeting - preferably to be scrutinized by COB
to conduct workshops to train JMCs to hold meetings and manage the buildings
errant developers
accounts and various documents not given to JMCs such as owners listings
building drawings - structural & M&E drawings
sinking funds

HAVE YOUR SAY!

2008-11-16T23:33:00.000-08:00

Condominium and apartment residents in Petaling Jaya have called for the abolition of the proxy system.

They made this call in a meeting organised by the All-Petaling Jaya Selangor Residents Association Coalition (APAC) and the Condominium, Apartments and Highrise Committee (CAHC) on Friday (Nov 14) at Taman Mayang public hall.

The condominum and apartment residents were invited to the meeting to share their concerns, suggestions and experiences with regards to clauses under the Building and Common Property (Maintenance and Management) Act 2007 or Act 663 and the Commissioner of Buildings (CoB).

Chairing the meeting were APAC chairman Liew Wei Beng, CAHC chairman Tengku Nazaruddin Zainudin, Subang MP R. Sivarasa’s aide Aloysius Francis Pinto, lawyer Eddy Chung and Bukit Gasing Joint Action Committee member Gary Yeoh.

Speaking out: Owners sharing their thoughts on the issue during the meeting.

They were questioning the logic behind Sec 6(5) of the act, which reads: “Notwithstanding subsection (4), joint purchasers shall not be entitled to vote except by way of a jointly appointed proxy”.

“We do not understand why neither one of the purchasers can vote and they have to appoint a proxy,” some said.

They added that the proxy system was subject to abuse.

“We had no opportunity to verify if the proxies present at annual general meetings were really appointed by the owners or were sent by the developer,” resident Gary Wong said.

Andrew Tan highlighted that the clauses were interpreted differently by all 12 local councils in the state due to loopholes and ambiguities that actually benefited the developers.

“The developer told us that according to the act, we could not appoint our spouses as proxies,” he said.

Other clauses of the Act deemed to have created grey areas are Sec 6 (2), which deals with the quorum for the meetings, and Sec 5(2) that deals with the issue of notice of the meeting.

“Sec 6 (2) requires purchasers to settle maintenance charges to be eligible for the meeting but it does not stipulate the deadline, is it on the day of the meeting or a period prior to that?” Liew asked.

He added that even though Sec 5 (2) required the developer to give a written notice 14 days earlier, it did not stop them from limiting the time for purchasers to appoint their proxies or prevent them from holding the meeting on a weekday to minimise attendance.

He said the two associations would send a memorandum to Selangor Housing, Building Management and Squatters committee chairman Iskandar Abdul Samad and Petaling Jaya mayor Datuk Mohamad Roslan Sakiman, urging them to look into the points raised.

“We will also urge them to draft guidelines on how to convene the first meeting and to come out with a common interpretation of the act for all local councils,” he said.

Pinto proposed that the CoB operate as an independent body under the state government instead of the local council to prevent favouritism and that scrutineers should be present during the appointment of the joint management committees to ensure fairness

Anyone with comments on this?

2008-11-11T03:02:00.000-08:00

Hi CAHC

1. This is an excellent site, however I had to do a lot of searching before locating the email address to send this mail. I would suggest a prominent 'contact' logo on the CAHC header or perhaps a standard 'Contact CAHC' appended to all letters published. You will probably see a lot more mail.

2. I have some questions, firstly... can Condos be renovated (specifically PJ) such that the outer facade of the condo looks different from the others? Eg, glass up or wall up an open balcony, or perhaps enclose the entire open frontage of a balcony with grills? Personally I think this distorts the aesthetics of the building.

3. Can condo owners stick drainage pipes from the side of their condos, to resolve water drainage problems within their units? Such pipes ofcourse would end up shooting water to unsuspecting people below. This may sound a silly question, but there are such cases in the place I live. Are there local council laws that govern such modifications?

4. On water leakage issues from one condo to the unit below, causing large unsightly damp moldy patches on the ceiling arising from a defective pipe (either incoming water supply or drainage from bath area) - are there applicable local council laws that require the party whose pipe is leaking to repair such? What can be done if the party refuses to carry out the required repairs?

Would appreciate your feedback on these matters.

Statistics Needed

2008-11-03T22:12:00.000-08:00

As we approach the end of the year, it is time to re evaluate and prepare for the new year. As part of an on going effort towards Good Governance, Transparency and Accountability, I would like to tabulate some facts and figures.

I would hope to have all interested parties to provide information on the following so that I can tabulate and share out with everybody. In this way, we can all at least have a guide to what we are paying for utilities, services etc........it also helps us to show to the owners if need to increase maintenance fees etc because I am sure rising costs will hit all of us soon..

1. Your Apartment / Condo Name - no of units / local council
2. Month Maintenance Fee / RM per Sq ft
3. What facilities: club house / pool / tennis etc etc
4. Security company - your current fees
5. Mgmt Company - fees and number of staff
6. Other Contractors - Services - Fee ie cleaners, landscaping, pool maintenance
7. Parking Rental

any other information

Please email your response to pet_luc2002@yahoo.com

I hope to be able to tabulate all these by the end of november, and be able to have and share out and average cost for each services etc that may be useful to all of us by the end of december. The more numbers we have, I am sure the more accurate the figures will be....

Thank you, guys

Peter CHONG

Your Views and Comments Solicited......

2008-11-03T22:08:00.000-08:00

Hi All,

JMB Maxwell Towers is in the process for selecting Property Management Services (PMS) agent to assist with the running of maintenances as well as improvement projects from Jan 2009. At this stage, we have short listed a number of potential companies.

Our approach is to have a certain number of people from the PMS agent based at the condo, e.g. property manager, billings/accounts/admin clerk, technician and handyman. We would engage service providers to perform the major ongoing tasks. Clearly, the extend we would add to on-site staff would depend on JMB willingness to commit to improvements in maintenance and enhancement projects. All these will be highly influenced by effordability.

To assist our considerations on PMS agent, we would welcome comments on two companies, Izrin & Tan and Global Property Services. We are interested to know if anyone of you have comments on their performance as follows:

Ability to take over/start up operations: setting up contracts with Services Providers, billings & collections and appointment of competent on-site personnel
Track record in delivering good value
Track record in monitoring and managing service providers to deliver promised services
General ability to maintain capable staff and efficient "standard operating procedures"
Please do provide your comments directly to me if you wish to maintain a level of confidentiality as well as to avoid any of your comments being taken out of context.

I hope we can share our experiences with PMS agents and services providers.

Many thanks and regards
Gary Yeoh
JMC Maxwell Towers

Positive Thinking for the way ahead.....

2008-10-29T00:49:00.000-07:00

http://www.nst.com.my/Current_News/NST/Wednesday/National/2387566/Article/index_html

Paying to lift up low-cost flats

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Deputy Minister in the Prime Minister's Department T. Murugiah will hand in his report on Friday.

KUALA LUMPUR: The government may take over the maintenance of lifts in low-cost flats nationwide.

Federal Territories Deputy Minister Datuk M. Saravanan says Murugiah should not shoot his mouth off.

Deputy Minister in the Prime Minister's Department T. Murugiah said Prime Minister Datuk Seri Abdullah Ahmad Badawi had tasked him with investigating public complaints about run-down lifts in low-cost flats, especially after an incident in Sentul on Sunday where a resident's body had to be carried down from the 10th floor.

"The prime minister was shocked by what happened and told me to investigate."

Murugiah said he was expected to submit the report to Abdullah on Friday at the post-cabinet meeting.

He said one of the solutions was for the government to either fully or partially subsidise the maintenance of lifts at low-cost flats.

"There are two types of low-cost flats: those maintained by the local councils and those by private companies.

"The problem with flats managed by private corporations is that it would only conduct repairs when sufficient funds are collected from the residents."

Murugiah said many lifts and flat facilities were left in poor condition for years because the residents could not afford the maintenance fees.

"I have heard of cases where residents owe the management up to RM1.2 million in fees and the management say nothing can be done until the backdated payments are made."

Property Management – Life after JMB / MC

2008-10-28T23:33:00.000-07:00

Education
Malaysia has moved forward in terms of community living within jointly owned (strata titled) properties. Many of such properties are now owner managed, as a result of the Act 663, 2007.
However, there is still much to be learnt by owners in terms ofcommon property management. Most would have little or no experiences and thus rely very much on their own intuition as well as sharing and learning from each other. Even government agencies and even NGOs, are struggling along though they may have the best intent.
So, with such limitations, we have little choice but to learn and observe from those with more of such experiences. Hong Kong, Macao, China and nearer to home, Singapore are good places to start.
From my own personal experiences and observations in these countries, one major issue strikes home loud and clear. It is the level of collection of the monthly management fee. In these communities, owners find it to be their responsibility to pay their monthly fees on time, every month; and they do so. Collections are generally over the 80% levels; with very few defaulters. Thus maintenance of these places remains healthy even though many of these properrties are very very old.
I believe that even in Malaysia, this is very true. If we look at the better managed properties, we would note that their collections are indeed high.
Therefore, one of the major steps that we need to take is to “educate” the owners and residents of these properties. We must teach all of us, the importance and necessity of prompt and regular payment of Maintenance Fees. Education cannot be done overnight, but it must start and be continuous.
These education programmes must be done jointly by the local JMB / MC as well as the local councils and on a larger scale even by the Ministry of Housing, perhaps through the Mass Media.
Why must the government be involved in these private properties? If these properties are not properly managed, they would in the not too long distance, turn into eye-sores and become a social burden. We do not need to wait until such a time to act. Prevention is always better than cure.
As part of the education process, all owners and residents must be aware of the costs of running and maintaining their property. JMB /MC must be transparent in showing costs details; and perhaps even to explain what happens if and when certain jobs cannot be done due to lack of funds. It is through these frank and open information, that we can all learn and be made to realise the importance of our roles and responsibilities.
JMB / MC cannot wait for the governemnt to take the first step. I believe it is their responsibility to start these education programmes; and what better time than now! Meanwhile, local councils and the Ministry must begin to budget for these educational programmes and perhaps even start conducting training and education road-shows. The training includes interpretation of accounts, office and account management and even simple things like how to conduct meetings for JMB / MC as well as communication skills.
As we face the realities of a worldwide economic slowdown and recession, there cannot be a better time than now to begin this long journey. Most people would probably have more time to spend at home due either to lack of work or for reasons of costs savings. Thus, this is the best time to communicate to and educate your fellow owners and neighbours. JMB / MC, take that first step now.
Therefore, I highly recommend JMB / MC to start giving this matter serious consideration. I would like to take this opportunity to remind all of us that the success of running and maintaining our common properties can only come about guided by transparency, responsibility and accountability.
Education is of course only one area. On the next article, I will discuss other areas that we need to look at in order to move forward in Common Property Management.
I welcome comments and suggestions on other areas and issues that can be covered.

Poor and unsustainable water management....

2008-10-22T23:43:00.000-07:00

Water shortage crisis looms over Malaysia

PUTRAJAYA: Many parts of Malaysia face a lack of water although the country has renewable water that is five times per head higher than that in many regions in the world.

And poor water management is the culprit, said Natural Resources and Environment Minister Datuk Douglas Unggah Embas.

The country's per capita renewable water was about 5,000 cubic metres per year compared to many regions in the world that had less than 1,000 cubic metres, he said when opening the Third Water and Environment Partnership in Asia (WEPA) International Forum on Water Environmental Governance on Wednesday.

Obviously, this problem was attributed to unsustainable management of water resources rather than to the quantity of water available for domestic, industrial and agricultural uses, he said.

His speech was delivered by his deputy, Datuk Maznah Mazlan. Douglas said that, for example, a recent study indicated that only 40 per cent of the country's lakes and reservoirs were in good condition.

"As these water bodies hold large volumes of water that can be utilised during droughts, the management of water quality has become increasingly critical," he said.

He said water quality issues in Malaysia were expected to become increasingly important as the population continued to grow.

The government, among others, would place greater emphasis on water quality programmes to improve the surface water, he said.

WEPA, a programme initiated under the Japanese Ministry of Environment following the 3rd World Water Forum in Kyoto, Japan, in 2003 has chosen Malaysia to hold the two-day forum beginning Wednesday. Bernama

Is this the beginning of ACTION?

2008-10-06T00:17:00.001-07:00

AGM to form condominium’s management corporation illegal
By TAN KARR WEI

RESIDENTS of Palm Spring@Damansara in Petaling Jaya have foiled an attempt by the developer to set up the condominium’s management corporation (MC).

Under the Strata Titles Act, a developer is required to submit strata title applications for at least 25% of the total number of condominium units before calling for an annual general meeting (AGM) to form an MC.

The Palm Spring joint management body (JMB) conducted a check with the land office and discovered that developer Muafakat Kekal Sdn Bhd had not fulfilled that requirement. The development comprises more than 2,000 units.

MBPJ councillor Mak Khuin Weng, who was representing the Petaling Jaya Commisioner of Buildings, said it was unlawful for the developer to call for an AGM before that requirement was fulfilled.

Employees of the developer who were present at the AGM registration desk kept mum when questioned by Mak and the residents.

“The person in charge is still on Hari Raya leave,” answered an employee.

Mak said they could not proceed with the AGM until the developer had applied for strata titles for at least 25% of the units and the employees then voluntarily took their belongings and left the premises.

According to Palm Spring JMB secretary Richard Wong, 44, residents had received an invitation dated Sept 19 from the developer to attend an annual general meeting to form the MC for the condominium.

However, residents only received the letter a few days later, which did not comply with the minimum 14 days notice required by the act.

Some residents also voiced their dissatisfaction over the developer’s decision to conduct the meeting on Oct 4 when many Muslim owners were still away for the Hari Raya break.

“We just want things done according to the proper procedure,” said an irate resident, who declined to be named.

Mak said the council would continue to monitor condominium issues relating to joint management bodies and management corporations.

The MBPJ has come up with its own guidelines on how it interprets the Building and Common Property (Maintenance and Management) Act 2007.

The guidelines apply only to cases under the council’s jurisdiction and copies are available at the MBPJ Commissioner of Buildings secretariat.

It also has a set of guidelines for the operations and conduct of the JMB and joint management committee (JMC).

SELAMAT HARI RAYA

2008-09-29T00:21:00.000-07:00

Guys, here's wishing every Malaysian HAPPY HOLIDAYS and to all Muslims, we celebrate with you the end of another Holy Month, celebrating your patience and determination in conquering hunger and the call of your religion.

Whilst we celebrate, may I humbly ask that we all remember our fellow Malaysians in custody due to misuse of authority in our country. Our prayers must be with all of them and their families.

Peace to all!

And incidentally, in CHINA (MACAU) we also have holidays on Wednesday and Thursday, celebrating the NATIONAL DAY Celebrations of the Peoples Republic of China.

Let;s celebrate together!

More on Security - Pros and Cons

2008-09-24T23:42:00.001-07:00

It is about time that someone did initiate a networking system amongst the JMCs. The security problems that BP is facing is somewhat similar to what Armanee Damansara Damai (ADD) is facing. At ADD, we are using a security company called East West Security Services. We have 21 guards during the night and 22 guards during the day. Basically, the guards have 4 locations to man.1. Guardhouse at main entrance2. Clubhouse3. Block A4. Block B5. Block CThis excludes the podium and general compound. We have door and barrier gate access systems and CCTV. When we took vacant possession, we applied for the Residents Card but until now, it has not taken effect. Coming to your questions :- Access Card SystemIt is quite costly even to maintain. Storms usually paralyse the system - lightning strike and water exposure. You will not only have to deal with this but to also also train the guards. At ADD, the guards have a habit of manually operating the boom gates and door access. Yes, we have 2 guards, day and night, based at the respective residential blocks. No matter how many times I have tried to explain to them that they must now operate the system manually, they just never listen. Yes, it is a good system but it has to be properly planned and executed. Do not save on the protection system; lightning arrestors and surge protectors. We learnt a very expensive mistake ! Our boom gate access card system is presently on a monthly rental basis. CCTVCCTV's are a great security tool but again, are expensive to maintain. This is again a system that is sensitive to the weather. CCTV's are only good if you have a responsible guard to man the system. At ADD, our system is from the dinosaur ages - using VHS (now using hard disc) and another system is non-recordable. Our monitors are B&W. I learnt from friends that you need to be careful when selecting systems because many are light sensitive. In the night, your recordings are nothing more than patches of blured images. Access Card to ResidencesPerfect. This is what we were looking into. Again, there are pros and cons. Security is enhanced but each time a resident has a visitor, the resident will be inconvenienced because he/she will actually have to collect the visitor from the lobby. That's unless you have an intercom system with a "bypass" switch that you can activate from your unit. One-Way Door Access at Emergency ExitsIn my personal opinion, this is something dangerous in the event of a fire. If residents are caught in the emergency exits between floors, they too will not be able to access the "safe" floors - Not just burglars ! These are just some light opinions that I thought I'd share with all of you. Looking forward to more input. Regards,Valery

ON SECURITY - Pros and Cons

2008-09-24T23:20:00.000-07:00

Hi everyone First, please let me do the introduction and then the purpose of this e-mail. I am Jock Chew, an elected member of Bayu Puteri (BP) Apartments JMC located in PJ Tropicana. I have met some of you while have been in touch with the rest via phone or emails previously. CM Chong is from ShangVilla condo, Kelana JayaRobert Foong, Anthony Goh & SC Lim are from Pelangi Damansara AptsValery is from Armanee Damansara Damai CondoWC Wong is from Sri Pinang CondoHY Lin is from Sri Intan 2 CondoS Venkat is from Bunga RayaAnthony is from Kenanga Condo, PuchongChua is from Akasia Apts, Puchong Before that, I must apologise as I have not sought your permission to reveal your email addresses. The purpose of this e-mail is to establish a contact with representatives of other high rise buildings to form a network of supports and sharing of information and experiences.
It is hoped that by so doing, all of us are enriched and be able to bring about positive changes to our respective JMB or MC. In this e-mail, I would like to discuss and hopefully you could also share with the rest, your own experiences on the issue on SECURITY. Presently, BP has retained the security firm, BERTAM Security Services, but is looking for a better alternative. Bertam has a mix of local and foreign guards but the security officers are local. Due to relatively low paying at between RM4.50 - 5.00/hr, these guards are more used for guarding than security. Because of occassional complaints on breakins, vandalism, car thefts, the guards are often blamed rather than the lack of over-sight by the property manager. In addition, rather than improving supervision or getting more quality and well paying guards, BP is proposing to: - introduce an electronic touch card system as resident ID cards for all residents - install more CCTVs at lift lobbies, inside lifts and other strategic area- install access control via pass cards into all tower lifts- install one way access door locks at emergency staircase exits These proposals are being opposed by some residents as premature, impractical or "putting the cart before the horse". My questions to you are: 1. Do you have a resident ID card system? If so, what type? Who manages it? How effective? Costs, etc? 2. Do you in favour of more CCTVs and more security gadgets? What are the downsides? 3. How are you currently managing security issues in your own buildings? You may share your views with all the rest of us. JOCK CHEW

Something INTERESTING and USEFUL..read on

2008-09-24T23:06:00.000-07:00

The following is an excerpt from email correspondence with CAHC.....these are common issues that may be useful for all...please feel free to add your comments....

These JMC decisions portend to potentially serious lapses of good governance, transparency and accountability. 1. Closed Door Meeting For the first time, this 6th JMC meeting was declared as closed to non-JMC owners. The reason to keep out non-JMC members was not given prior to the meeting which was deliberately postponed by a week to emphasise the need for a closed meeeting. Under ACT 663 First Schedule [Subsection 11(4)] Committee may invite others to meetings - JMC can conduct closed door meetings - this may not be healthy but they reserve the right and if they exercise it we can't simply imply they have something to hide unless we have evidence. Transparency can be interpreted in many ways. Allowing you to attend does not mean transparency. Disclosing all Notice of meetings, agenda, attendees and minutes of meeting is transparency! Anyway if you are invited to JMC meetings you are not allowed to speak unless the chairman allows you and you definitely cannot vote on a decision! There should be greater transparency and care given by JMC when choosing to declare their deliberations within CLOSED DOOR meetings in the future. 2. No Meeting Agenda Although not the first time, the meeting was specifically informed that there was no agenda for the meeting despite some JMC members who had earlier sent in their items for inclusion as the agenda. However, the chair did have an agenda of his own which was used as the meeting progressed. In other words, agendas are being used to promote certain ideas or personal goals at the exclusion of others. All meetings must have Notice of Meeting which must contain date, time, venue and agenda of meeting. Any meetings conducted without a clear documented agenda is not a properly convened meeting. JMC members can refuse to attend the meeting hence the lack of quorum shall render the meeting void. Attendees can choose to walk out of the meeting if they found out the meeting has strayed from its original agenda or it is not addressing the agenda of the meeting and demand that the secretary minute the breach or violation. Without proper quorum the meeting cannot continue. The Chairman cannot on its own volition introduce agenda as the meeting proceeds. The JMC members can ask the Chairman to cease whatever he is doing and demand he adheres to the agenda stated in the notice of meeting. If he remains recalcitrant the JMC members can demand the secretary to minute it and then walk out the meeting! 3. Adoptions of Past Minutes of Meetings Minutes for meetings Nos. 4 & 5 were presented for adoption despite serious flaws regarding their accuracies discovered a month before. After a lengthy debate stretching for almost an hour, the meeting finally decided to send back the minutes to the secretary for re-drafting. At the time of writing, the re-drafted versions are still unavailable. If there are discrepancies in the recording of the minutes of meeting, the JMC committee members during the meeting can highlight or bring to the notice of the JMC members the errors and correct the error via a proposer and a seconder. The Secretary must record the proceedings. There is no need to send the recorded minutes for redrafting by the secretary as it could be done immediately during the meeting where correction can be done in situ!The corrected minutes will then tabled in the next meeting. All JMC members can record the corrections and make sure the minutes are recorded accordingly. 4. Disciplinary Action Against A JMC Member The meeting took an unusual step to censor the member for fowarding an email, which was relevant to the larger interests of owners, to the forum, by way of a proposed warning letter. This was done without prior notice and without a written set of internal disciplinary guidelines to back up such a decision. In addition, in a completely unrelated move, the adjudged member was further to have his portfolio on EXPENSES & COLLECTIONS unceremoniously and arbitrarily taken away and thus further isolating him as an effective voice in providing the necessary checks and balance within JMC. That is why we have always stressed that the JMCs come up with a SOPs (Standard Operating Procedures) and House Rules for the JMB to govern the JMC members in conduct, discipline and decision making. If no SOP is in existence the adjudge member can file in a complaint with the COB or even instigate legal action against the JMB. Was he even given a show cause letter for that matter? Was he given a chance to explain his case before a properly convened enquiry panel or board? Were there also properly spelt out penalties for offences mentioned? An if so who were the parties to that decision? Who gave the JMC members the right to remove him from his current portfolio? Was a meeting properly convened with the agenda clearly spelt out to remove him? 5. Purchases During the meeting, two proposed purchases were pushed through for endorsement without giving JMC prior opportunity to fully review all aspects of the proposals prior to the meeting, so as to clearly ascertain and satisfy themselves the cost vs benefits of the excercise. These are: 1. A chip-based photo-embossed resident access card system2. Phase One - CCTVs system No details as regards to the specifications, invited bidders, evaluation criteria, etc, have been made available to us to date despite 2 reminders. More worrying is the fact that no one quite knows what Phase Two is and how much it is going to cost! us !!! The combined proposals are estimated at more than RM30,000.00. The intended purchases have raised very serious questions begging for urgent answers, surrounding such issues as: 1. What are the under-lying justifications? 2. How would these proposals benefit the residents in a tangible way? 3. Were there a comprehensively written concept proposal presented to JMC AND the owners to seek their views and acceptance? 4. Who are the bidders? Are they qualified in their areas of expertise? 5. What are the evaluation criteria? 6. Is there a pre-approved budget agreed to by JMC? Or worse, are they based on an "open", no limit budget?! 7. Does JMC or the person(s) approving the purachses have the financial authority to commit JMB without first consulting the owners? 8. If not, has there being any written or built-in checks and balance mechanism in place to guard against: - ill-conceived purchases (which is later proven as unworkable) - financial inpropriety, etc In the event of having over-looked or ignored the inherent defects, deliberate or otherwise, to the basic proposal concept, do the owners have the right to seek - recourse to person(s) who made such purchases such as seeking compensation? See my comments on Q4 on SOPs and House Rules. As i have said if there were SOPs where 'checks and balances' are in placed than the JMC need not always have to consult the JMB OR residents. Our questions revert to whether the JMC has the authority to decide on the purchase to the tune or RM30,000. If SOPs says all expenditure less than RM40,000 for example then they are exempt from consulting the JMB or residents. BUT they still have to go through proper process of getting a minimum of 3 tenders (recommended by COB) for the project. The tenders must be explicit, well documented, name of company and shareholders, specifications, contracts etc. After a decision has been taken by the JMC, they will have to document their reasons for accepting that particular tender. Any member of the JMC who may have any vested interest must recuse himself from the decision making. All documents pertaining to the approval must be properly filed and minuted for the perusal of the JMB and COB. Failing to do all this invites future lawsuits from any complainant in the JMB if poper procedure are not complied and practiced.. Lastly, all minutes must be signed by the decision makers of the JMC; JMC members who object to the tender may choose not to sign the minutes of approval OR meeting thus abstaining them from future lawsuits. So all these places the JMC members to perform their duties with utmost care.If the RM30,000 is above the amount stated in the SOPs then JMC cannot make a decision on the tender. They will have to convene an EGM under section 10(2) C to put to the members to decide on the acceptance of the tenders. Actually i would recommend all major decisions to be taken by members during an EGM and this would completely absolved the JMC from future lawsuits instituted by its members. However, i believe most JMCs prefer not to consult its members during an EGM because

We are with you!

2008-09-21T19:32:00.000-07:00

Puncak Nusa Kelana folk up in arms over mall plan
By TAN KARR WEI

RESIDENTS of Puncak Nusa Kelana in Ara Damansara, Petaling Jaya, are going all out to save the lake in the area.

About 30 residents showed up at the lake to object to the development of a strip mall at the site.

Coming down: Pumping equipment has already been set up to drain the lake. The condominium can be seen in the background.

“We noticed that they had set up equipment to drain the water from the lake about a week ago but there was no notice put up regarding the development,” Puncak Nusa Kelana Owners and Residents Association (PNKORA) chairman Sudesh Ratnarajah said.

He said even though the lake was not a natural lake, residents were concerned that the draining would affect the soil around it and compromise the safety of their homes.

“We have not been given the traffic and social impact assessment reports.

“There is a school near the lake and it is not viable to have a strip mall there,” Sudesh said.

Help us out: Residents protesting the development at the man-made lake.

Many residents also said the traffic congestion was getting from bad to worse in the area and another commercial development would add to their woes, especially with the issue of the Taman Megah Mas tunnels still unresolved.

According to Kota Damansara assemblyman Dr Nasir Hashim, he had chaired a monthly meeting with the Petaling Jaya City Council (MBPJ) on Sept 19 and has requested for another meeting between all the parties concerned, including the developers and residents.

“We’re hoping to have the meeting by next week to clear the air,” he said.

Signature campaign: Sudesh said a signature campaign would be organised to save the lake.
Residents were unhappy with a previous meeting with the developers because their concerns were not addressed and the development would still take place despite their protests.

Sudesh said residents would start a signature campaign against the development.

Residents were peeved that MBPJ councillor Mohd Halil Haji Harun, who was in charge of their area, was not present despite having been informed of the event.

Puncak Dana Sdn Bhd had earlier explained to the residents that the area was not originally a lake and that approval was received in 1998 to build an 18-storey commercial building that was scaled down to a four-storey community shopping centre.

Subang MP Sivarasa Rasiah was also present at the protest.

Pelangi Utama Condo residents in a dilemma

2008-09-18T18:29:00.000-07:00

Anyone else with similar problems?

By OH ING YEEN
IMAGINE waking up in the morning to find a parking summons on your car’s windshield and this happens three or four times in a month, almost once a week.
That is what some residents and tenants of Pelangi Utama Condominium in Petaling Jaya have been experiencing lately.
Parking woes: Due to limited parking space, some of the Pelangi condo residents have no choice but to park along the road.
Damon Khaw moved in to the condo in July but has already received three summonses in August.
“My condo is not facing the road so I don’t know when the officers will come to issue summonses. One was even issued at 10.30pm on the eve of Merdeka,” he said.
“It sets us back about RM400 per month, which is almost 10% of our income.
“This has a big impact on our lives, especially with the high cost of almost everything since the petrol price increase,” he said.
Khaw and his wife each own a car but they were only allocated one parking lot.
“I bought the condo unit through a sub-sale. Thus, I would have to go through the first owner to apply for another parking lot,” he said.
“To apply for another parking lot will cost RM150 per month and it is subject to a drawing of lots since there are only 10 units left,” he said.
Khaw said he had raised this issue at the joint management body (JMB) committee meetings.
Aside from the summonses, safety is also one of his concerns.
“Sometimes, we park at the nearby shops and walk to the condo. I’m worried for my wife’s safety when she comes back from work late,” he said.
“It is also troublesome as we are not able to renew our road tax due to the summonses,” he said.
Pricey burden: Khaw holding up one of the summonses he received last month
Khaw hopes that the Petaling Jaya City Council (MBPJ) can allocate proper parking spaces for the condo residents.
His neighbour, who wanted to be only known as Epey, said other residents also faced the same problem.
“There should be some parking space for rent. I am so fed up that I want to move out. Why do we have to face this problem?” she asked.
Student Johnson Chua finds it difficult to fork out RM150 per month for a parking lot.
“I have moved in for less than a year and so far, I have received three summonses,” he said.
“I take turns with my housemate to park at the allocated parking lot.
“Sometimes, I park at the nearby shops but the space there is limited,” Chua said.
“It’s troublesome for me to travel all the way to pay my summonses, especially since I’m not local,” said the 20-year-old student from Malacca.
“I hope that the MBPJ will allocate a certain period of time, such as from night to dawn, for us to park for free,” Chua said.

Assessment cut for highrise units next year

2008-09-16T16:26:00.000-07:00

Finally Some Good News?

By TAN KARR WEI
CONDOMINIUMS and highrise unit owners in Petaling Jaya will see a reduction in assessment rates next year.
Mayor Datuk Mohamad Roslan Sakiman announced that in the draft Petaling Jaya City Council (MBPJ) 2009 budget, assessment rates for flats, apartments and condominiums would be reduced from 8% to 6% (except those in Sri Damansara, Mayang Mas and Megah Mas, which remains at 5%).
Rates for service apartments would be reduced from 8.8% to 6.6%
Absorbed: Representatives from residents associations and Rukun Tetangga at the MBPJ 2009 Budget briefing.
Assessment rates for low-cost flats will remain at 5% while assessment for other properties will not be increased.
About 60 representatives from residents associations (RA) and Rukun Tetangga (RT) attended a briefing on the 2009 budget at the MBPJ headquarters in Jalan Yong Shook Lin.
The income deficit would be offset by an estimated RM6.48mil from rental of billboard sites.
A representative from Section 8 RT said there should be funds allocated for activities carried out by RTs and RAs.
Taman Mayang RT chairman Chan Chow Wang said the RM5mil increase to RM52mil in allocation for Alam Flora services was not justified.
“The service provided is not satisfactory. I raised the issue five years ago about the garbage trucks. When the trash is compacted, dirty water leaks from the trucks and dirty our roads,” said Chan.
The RM52mil makes up more than 20% of MBPJ’s total expenditure.
Petaling Jaya Selangor Residents Association (APAC) chairman Liew Wei Beng was upset that the various representatives could not obtain a copy of the draft budget before they attended the meeting.
“We need time to go through the draft to analyse it instead of rushing through it during the briefing,” said Liew.
He also said the numbers for the 2008 budget was an estimation and the actual amount spent up so far was not given and so it was difficult to compare the numbers with the 2009 budget.
“How would we know if there’s a surplus or deficit in the 2008 budget?” asked Liew.
One of the objectives of the budget was to make PJ a knowledge city and RM3.495mil has been allocated for items like Internet connection, computer equipment rental, handheld equipment rental and computer maintenance.
However, one RA representative commented that since the handheld equipment were for enforcement officers and the computers for councillors, it did not contribute to that objective.
Bukit Gasing assemblyman Edward Lee said the presentation of the budget could be improved.
“The council’s accounts for the previous years should also be given so that we will know if the budget provided for those years were sufficient and the budget for 2009 should reflect that,” said Lee, who was formerly the pro tem chairman of the All Petaling Jaya Pro-Action Committee, as APAC was then known.
He also noted that the budget did not address another pressing problem in the city — flooding.
“Flooding is a big problem in PJ and nothing much has been done to alleviate it. It is disheartening to know that there is a decrease in funds for drainage system and drain maintenance,” said Lee.

SECURITY ALERT and suggestion....

2008-09-10T18:53:00.000-07:00

We had a community Policing meeting at Section 14 and I met your assistant. We were informed of a gang of 3 foreigner operation in PJ doing house breaking. They drive a Perdana silver colour . Modus operandi consists of a female ring door bell to check whether a house is empty before her two male companion strike.

It may be useful if all condominiums can be notified of this gang who may be renting in our condo. Ask the guard to note if some western looking group with a silver Perdana live in our property. If so inform the Police to investigate further.

It may be useful is we want to form a legal fully support Condominium central organization if you can write to all chairman of JMB or MC inviting their to become a registered paying member of your organization. Individuals cannot make such decision without Council or General meeting agreement as required by the Strata Titles Act

Just something for your consideration.

PJS1 flats riddled with problems

2008-09-07T17:47:00.000-07:00

http://thestar.com.my/metro/story.asp?file=/2008/9/8/central/1883839&sec=central

By JADE CHANjade@thestar.com.my
RESIDENTS at the Petaling Utama Flats in PJS1, Petaling Jaya, are unhappy with many issues at their low-cost flats, which they said stems from an irresponsible developer who does not provide satisfactory services.
“Our problems include irregular and dirty water supply, shoddy maintenance work at our flats, lifts that don’t function well, and not having a playground, field and community hall even though they were supposed to be provided by the developer,” said Petaling Utama PJS1 Residents Association (RA) assistant secretary M. Sugumaran.
“We aren’t given any prior notice when our water supply is cut off. The situation is so bad that once our water supply was cut off for three days, and a disabled person slipped and died when he was carrying water up to his flat.
Not fit for consump tion: The dirty water supply at the Petaling Utama Flats in PJS1, Petaling Jaya.
“According to a letter dated Aug 1, 2006, that was sent to the then Selangor Mentri Besar, the developer promised to refund 28 ground floor flat owners RM7,000 each in two portions but they have yet to do so.”
Sugumaran explained: “Each ground floor unit, measuring 650 sq feet in size, was supposed to be sold at RM35,000 (per unit).
“But the developer sold it at RM42,000 (per unit), which is the price for the first to 11th floor units that measure 700 sq feet in size. Hence the RM7,000 refund.”
He said that some residents are so upset that they have ceased paying bills owed to the developer.
“The developer has been using their cronies to call for meetings and handle residents’ issues, even though our RA represents the 627 units at Blocks C and D of the Petaling Utama Flats,” claimed Sugumaran.
“We pay our water bills to the developer, but they don’t forward our payments to Syabas. “Our water meters are checked at odd hours and the charges vary every month.
“The developer shouldn’t charge interests for delayed payments as most residents can’t afford the high payment.”
On the water supply and charges which are managed by the developer, he said that the residents want those to be taken over by Syabas.
“We want the new state government to uphold their promise to take care of the low income group and provide us the first 20 cubic metres of water free. We also want them to take action against the developer.”
Sugumaran said that they have highlighted their problems with the developer to the Petaling Jaya City Council (MBPJ) and their local assemblyman and MP (from both the previous and current government), but have yet to receive any feedback.
The committee members are also upset that they are not invited or updated about any meetings held between the developer, MBPJ and their local representatives.
Taman Medan assemblyman Haniza Talha said that the water supply was cut off because residents did not pay their water bills and that there is a community hall in PJS1.
“However, if the developer is at fault, then the MBPJ must take the developer to task.
“It’s a long process but we are working on resolving the issues,” said Haniza.
“The residents cannot expect seven years of problems to be gone in five months.”

We Stand By You

2008-09-03T23:03:00.000-07:00

http://www.thestar.com.my/metro/story.asp?file=/2008/9/4/central/1944192&sec=central

Condo residents in a bind
ILLEGAL food peddlers hawking on pedestrian walkways, road kerbs and public parking bays in front of the Vista Komanwel B Condo-minium at Bukit Jalil National Stadium are making life miserable for the residents living there.
The hawkers, who hail from different parts of the city, have chosen the spot because of the lucrative business in the area.
The area in front of the condominium, which is located opposite the International Medical University (IMU), has become a sort of food paradise for students from the university.
According to residents interviewed by the StarMetro, stalls have sprung up like mushrooms along pedestrian walkways and road kerbs and they operate in the mornings and evenings.
They’re everywhere: Illegal hawkers set up tables and chairs on pedestrian walkways in Bukit Jalil.
“All these are happening along a busy four-lane road, which has been reduced to two lanes by illegal hawkers and customers who double park to buy food from them,’’ said Vista Komanwel resident Michelle Tan.
“Pedestrians are forced to walk on the road, thus exposing themselves to danger from incoming traffic. It is also unhygienic and with neither proper toilets nor fresh water facilities,’’ said Tan, adding that waste is just thrown down the drain.
Residents are worried that apart from mosquitoes, rats would soon be making an appearance in their once serene neighbourhood.
The Joint Management Committee of the Vista Komanwel B had on numerous occasions written to DBKL to complain about the illegal hawking going on in the area but apart from sending some enforcement staff to check out the situation, nothing was done to solve the problem.
In their own world: Pedestrians have to walk on the road as the walkway has been taken up by these hawkers.
“Our quality of life has dropped. The situation has caused us all much distress. Apart from the hygiene and smoke emission from the open cooking, the value of our properties have depreciated,’’ said resident Jason Ong.
When StarMetro visited the area recently, many mobile stalls were visible in the area. One particular stall had placed at least 30 tables and chairs right on top of pedestrian walkways.
The stall operates from noon until midnight every day except Sundays. What’s interesting is the fact that the stall operator has even erected a makeshift toilet built over a metal grille covering of a drain.
At other spots, stall operators have placed their food containers and utensils on planter boxes, damaging the plants.
One stall owner even upgraded his ‘service’ by carpeting a stretch of the pedestrian walkway!
“It is not fair that as ratepayers we are denied the right to live in a clean and tranquil manner,” Ong said, adding that something must be done about the matter.

Anyone Can Offer Any Comments?

2008-08-24T22:15:00.000-07:00

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.

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

2008-08-12T02:31:00.000-07:00

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

Condo officials ignorant of their rights

2008-08-11T17:51:00.000-07:00

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.

Woes related to high-rise living

2008-08-04T17:29:00.000-07:00

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

2008-08-04T17:28:00.000-07:00

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.

When Your Management Does Not Form The JMC

2008-08-03T18:42:00.000-07:00

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."

Sinkhole - ??

2008-07-31T17:09:00.000-07:00

http://thestar.com.my/metro/story.asp?file=/2008/7/31/central/1686709&sec=central
A SINKHOLE about 2m wide along the banks of Sungai Kayu Ara has caused fears among residents of the Puncak Damansara Condominiums in Kg Kayu Ara, Petaling Jaya.
Joint management body (JMB) secretary Mohd Rafi Ganesan said they discovered the seriousness of the problem when the joint management committee (JMC) took over the management from the developers.
Puncak Damansara Owners and Residents Association (PUNDORA) Leonard Nathan said they even cordoned off a stretch of covered parking by the river banks for fear of a landslide.
Worrisome: Puncak Damansara Condominiums senior security manager Capt (rtd) Kumaravel Veerappan inspecting the sinkhole by the condo walls.
Representatives from the Petaling district Drainage and Irrigation Department (JPS) and the Petaling Jaya City Council (MBPJ) visited the site with residents and Condominimum, Apartments and Highrise Committee (CAHC) chairman Tengku Nazaruddin Zainudin.
An MBPJ engineer said the earth along the whole stretch had settled further after the condominium was built and the drainage pipes were not done properly, causing erosion along the banks.
A JPS engineer said residents would first have to rectify the whole drainage system within the condominium that was along the river bank.
Mohd Rafi said they had appointed a contractor and work would start by this week.
After submitting a report, JPS would conduct earth strengthening work along the bank once enough funds were available, a process that would take about six months.

something from the mail....

2008-07-30T17:28:00.000-07:00

Any comments for these issues?

Presently there are a number of issues regarding our JMB which must also becommon to most other new JMBs.

Top of which is on how to ensure an efficient and integral management ofJMB.such as:

- JMB constitution - do we need one?

- standard operating procedures particularly those relating to limit of
financial authority to enter contracts, approve and disburse funds, etc- office bearers and their respective roles and responsibilities.

- relationship and requirements expected for property manager and otherservice providers,- contacts with other JMBs

Have you got a similar problem?

2008-07-09T21:07:00.000-07:00

I had a bad experience, i.e. somebody not unit owner being voted into the JMC and his name submitted to the COB by the developer. This in itself could be grounds to declare the first AGM faulty and the whole elections suspect, since the developer had failed miserably to determine the voting rights of attendees (I honestly could not tally the count and I, chairman of the AGM and elected to the JMC is supposed to be absent according to the attendance listing!).

I am sure most of us do not know the secret background of our fellow committee members if they have any. For this reason, I have drafted a "Declaration of Eligibility to Hold Office" which I want all my JMC members to sign. It is attached herewith. Please be frank and direct with your comments and opinions if any. I might raise this matter at the forum if time permits.

When The Law Is Enforced

2008-07-07T01:36:00.000-07:00

Prima Bayu Appt in Klang had problems with their developer. So what's new! The developer refuses to call for the meeting to form the JMB despite advices from the COB. They kept claiming that the MC had already been formed, therefore no need JMB; but the fact remains that not enough owners have signed the register at Land Office and a MC meeting had never been called.

The Klang COB, took the initiative to appoint an Agent to call for the first meeting of the JMB. The Agent worked together with the Residents' Association to organise the meeting.

On the 6th of July, the JMB of Prima Bayu was officially formed despite having no cooperation from the developer.

Well done to Majlis Perbandaran Klang for their pro-active action and to the residents of Prima Bayu.

We wish you well!

Anyone can help out?

2008-07-07T01:27:00.000-07:00

The following questions were asked by a member from PJ.....

1. What law (state or federal) specifically prohibits cutting water supply to apt residents? - pls cite

2. How is Syabas empowered to cut water supply for non payment of water dues? Have they got special powers? - pls cite

3. Is it illegal to specify the cutting of water supply to an apt (in the House Rules) even if it is not practised?

4. Is reducing water pressure to an apt an illegal act? Are there laws that can be cited?

5. Are there laws on the right of entry and exit to an apt via common areas (for fee defaulters)? - pls cite

6. Can defaulters (item 6) be denied lift service and be made to use the stairway?

On pets in condos

7. Are there state / federal laws that prohibit keeping of pets in high rise? - pls cite

8. If no to above (item 6), are there laws that prohibit keeping more than one pet?

9. Are there laws regarding breeding animals in condos? Can 2 or more pets be construed as breeding?

On developer

10. Can a developer claim unsold apts and car parks in a developement project, and ownership to such?

11. If yes (item 9) would the developer have to pay the Maintenance fees?

12. What about unsold car parks - these do not attract any maintenance charges at Maxwell. Do such units default as common area, and if so after what period after the building CF is issued?

You are not alone!

2008-06-28T02:23:00.000-07:00

http://www.nst.com.my/Current_News/Streets/Saturday/Stories/2279152/Article/index_html

Complaints aplenty from Menara City One residents

Nuradzimmah Daim

KUALA LUMPUR: Many would give an arm and a leg to live in the heart of the city, but the residents of Menara City One Condominium feel they don't have much to boast about.

They have numerous complaints about the management of the building in Jalan Munshi Abdullah, near Jalan Masjid India, which also houses 49 shoplots on the ground floor.

Lack of maintenance, poor lighting in the carpark, cracks in the building, noise, air pollution and open burning near the entrance to the car park are just part of the long list.

Another problem, says senior bank manager Pang Teng Lee, is that he and other owners are still waiting for their strata titles.

He said the 10-year-old building was initially maintained by developer City One Sdn Bhd, but was handed over to City Hall in 2003.

"City Hall has done nothing about our titles.

"And we have been paying our monthly maintenance fees but we have no access to the accounts.

"We hope the joint management committee formed in April will help and be more transparent about what is happening."

He said nothing was accomplished at the first meeting between City Hall and the committee because the audited accounts were not given to the residents.

Irene Tan said she was concerned about the safety of the residents as any vehicle can access the car park.

"And because of the condition of the building and the fact that we don't have strata titles, the market price of our units has actually dropped from the original RM200 per square foot."

The exasperated residents have asked Bukit Bintang MP Fong Kui Lun to help.

He visited the building and arranged a meeting with the joint management committee.

Committee chairman M. Ramanathan said the maintenance and running of the 502-unit building was being done properly.

"We are doing our best. But the residents are close to RM6 million in arrears on their maintenance.

"If the residents don't pay, how can we maintain the building?

"We check all contracts with service providers and welcome suggestions and feedback on service providers from residents. We have nothing to hide as we are also residents here.

"We have applied for the strata titles, but there is a caveat that needs to be removed before we can proceed," he said.

RA representation in MBPJ

2008-06-26T00:42:00.000-07:00

http://thestar.com.my/metro/story.asp?file=/2008/6/26/central/21649859&sec=central

Thursday June 26, 2008

PJ folks rue ‘incomplete’ list

FRUSTRATED and furious – this aptly described what Petaling Jaya residents felt about the list of councillors for their city.

“The Pakatan Rakyat promised that there would be residents represented in the councils but looks like it's not to be. We were hoping that at least one councillor would be a Residents Association (RA) representative but they are merely following the earlier government by having political appointees,” said All Petaling Jaya, Selangor, Residents' Association Coalition (APAC) committee member Mohamad Umar Peer Mohamad.

Mohamad Umar: ‘Residents’ needs would be brushed aside.’

APAC secretary Liew Wei Beng was unhappy because despite all the hard work they had put in fighting for the residents' cause, they were once again sidelined.

Condominimum, Apartments and Highrise Committee (CAHC) chairman Tengku Nazaruddin Zainudin said he received many calls from residents, questioning why there was no RA or Rukun Tetangga (RT) representation in the council.

“We question the political appointees because none of them have been actively involved with the council or with residents.

“Have they even attended a full board meeting before? Have they ever gone to the ground to see what residents are facing?” commented Nazaruddin, who has been staying in PJ for about 40 years.

Tengku Nazaruddin: Received many calls from residents who voiced their dissatisfaction.

“It's ironic because the council runs on the assessment paid by residents but in the end, the political parties decide who should represent us,” said Liew, also a PJ resident for about 40 years.

“We want people who can solve issues. We will continue to be the watchdogs and make sure PJ residents are taken care of,” said Nazaruddin.

“The NGO appointees would be more interested in policy-making issues, not our drainage or traffic problems,” said Liew, who is also Taman Mayang Jaya residents association chairman.

Umar said that like before, residents' needs would be brushed aside.

“There won't be much change and we would continue to see developments taking place around PJ. Before this, we have been termed as opposition when we fought for our rights and sadly, we're still going to be an opposition,” said Umar.

As the list is yet to be finalised, he hoped that the state government would reconsider their list.

Liew: Very disappointed with the list of councillors.

Should the councillor list remain as it is, Umar said they would carefully monitor the councillors throughout the first year.

SS4C and SS4D Residents Association (RA) chairman Ravinder Singh said politicians should be concentrating on politics and interests of the nation on a larger scale.

“Why are they meddling around in our local councils? Politicians are just here for a temporary period while we're staying here. We need a long-term representation in the council be involved with the developments that take place in our neighbourhoods,” said Ravinder.

Commenting on the disagreement between Pakatan Rakyat parties and even within the parties itself regarding the councillor lists, Ravinder said: “After 100 days in office, they are still complaining about their needs. What about our needs?”

SS20 RT chairman Eileen Thong said it was a wise decision not to have RA and RT representatives in the council.

She said that residents still had a voice through monthly MBPJ meetings between MBPJ heads of departments, councillors and resident representatives that were chaired by an assemblyman.

“It would have been hard to pick RA or RT heads to sit in the council because there are so many in PJ itself. How are you going to pick one to represent all residents? There would be a sudden surge of people who would want to get into the post with personal agendas. This would have been an unhealthy situation,” she said.

Kelana Jaya MP Loh Gwo Burne said he did receive complaints that there were no RA representatives in the council.

“They should have some sort of representation because they make up the majority of people in Petaling Jaya,” he said.

Protection for JMC

2008-06-25T03:00:00.000-07:00

as published in http://www.sun2surf.com/article.cfm?id=23483

Give condominium panel members more protection

WITH the implementation of the "Building and Common Property (Maintenance and Management) Act 2007" last year, owners of apartments, condominiums and other buildings are required to form their own management bodies.

The Management Body then appoints a Joint Management Committee (JMC) to carry out the functions of the body, namely the management and maintenance of the building and common property as provided under the Act. While the Act seeks to protect JMC members from criminal liability for offences which may be committed by them, it does not protect them from any civil suit brought by the owners/occupiers for damage or loss.

Members of the JMC are placed in a posi-tion of trust to carry out of their duties and responsibilities to the owners and can thus be sued and be made liable to owners or other occupiers for any loss or damage due to negligence or oversight on their part. The circumstances under which such a suit for negligence (even if done in good faith), arising from the maintenance and management of the building and common property, can be brought are numerous and varied. As the tasks undertaken by JMC members are largely voluntary in nature and carried out in their spare time, the Act should accord them some degree of immunity from civil action.

A logical safeguard would be for the JMC to take out a separate insurance of indemnity to protect itself against potential negligence suits. There is no reason why the premium should be paid by JMC members from their own pocket; hence the question is whether it can be lawfully paid out of the Building Management Fund.

None of the provisions of Section 22 (3) of the Act – which sets out the purposes for which money in the fund can be utilised – seem to allow for such payment. As this premium may impact heavily on the fund and thus impose an additional financial burden on the owners, it would perhaps be best to accord JMC members legal immunity from civil suits.

This protection would then encourage more owners to serve on the JMC, without which it would be difficult to imagine owners readily willing to do so.

Ajit Singh Gill
Kuala Lumpur

Sounds Familiar? - The problem is everywhere!

2008-06-22T20:42:00.000-07:00

Residents tired of shoddy maintenance
REENA RAJ and SITI FATIMAH MD SAAD

THE repairs to the lifts servicing the Taman Miharja Phase Two apartments are entirely in the hands of the residents. A spokesman for Hokawai & Associates, which manages the 15-storey buildings, said if the residents want the lifts to be repaired, they should settle outstanding maintenance fees.

He said Hokawai was the sixth company to manage the place in the past 15 years.

Phase two comprises 10 blocks and poor maintenance had resulted in only one working lift in each block.

“And when the remaining lift breaks down as well, there will not be anything left. And that’s not all.

We have outstanding payments with Syabas and TNB, again because of the indifference of the residents.

Two weeks ago, a joint management committee was set up to discuss how best to address the problems.

A resident, Puah Kim Lai, said his latest bill reflected an outstanding charge of RM110, despite him having paid all his bills promptly.

He showed Malay Mail receipts of his previous payments until April.

“I never received the bill for May.

The next thing I knew, I got a bill for June and in it was an outstanding charge,” he said.

Another resident, who only wished to be known as Lim, said that the management office’s operating hours makes it difficult for them to pay the bills.

“They open from 9 to 5 while I work from 8am to 6pm. As such, I always miss the office hours.

“However, when I asked the management to open their office on weekends, they refused,” he said.

Residents also voiced their displeasure on other issues such as the indiscriminate parking of motor- cycles in front of the ground floor unit apartments, the presence of rats due to uncollected garbage, the poor quality of water, leaky water tanks and overall poor maintenance of the surrounding area.

Meanwhile, Cheras MP Tan Kok Wai, adviser to the joint committee, said: “I’m sure if we all work together, an amicable solution can be found,” said Tan.

“The problem is most of the residents are tenants and the unit-owners are the ones who have not been paying the maintenance fees.”

Apartment Owners in a Limbo

2008-06-13T09:22:00.000-07:00

Pitfalls await unwary apartment owners now that they are starting to manage their own common properties, writes LEE SIEW LIAN of NST online - columns dated 2008/05/04

APARTMENT owners are trapped in the middle of a roiling dispute over who should control the lucrative business of property management.

With an estimated RM600 million in annual fees at stake, the long-standing battle has left owners in a bind over who to appoint to help run and maintain their communal properties once they take over from developers.

While the two groups of property players slug it out, state governments are dithering over who to appoint as building commissioners, the officials who should be best placed to decide on the issue.

This leaves the country's 1.2 million apartment owners with little guidance over what to do and few safety nets to catch them if they make a mistake.
Because regulation of this industry is inadequate and dotted with loopholes, apartment owners are now exposed to major risks, including financial disaster.

"It's a daunting and confusing task," says Veronica Gan, president of the Bangsar Heights Residents Association, which will soon form their own management corporation.

"What we need are some guidelines on the best practices to adopt or how to negotiate. The only material we have is from the House Buyers Association, but it's not really enough."

"There are many pitfalls during this transition period," says Chang Kim Loong, honorary secretary-general of the national HBA, "But no one's looking out for the consumers."

Thousands of joint management bodies (JMBs) were supposed to have been set up this year, giving owners of flats, apartments and condominiums a say, together with developers, in how subdivided properties are run.

JMBs are interim bodies for the years before strata titles are issued and owners' management corporations (MCs) set up to take over from developers.

One of their biggest responsibilities will be to appoint someone to manage their common property, from the grounds and lifts to corridor lighting and swimming pools.

Almost overnight, a huge and lucrative industry has opened up.

"If unit owners paid an average of RM50 in monthly maintenance charges, it would mean RM50 million a month, RM600 million a year," says Kumar Tharmalingam, secretary-general of the International Real Estate Federation (Fiabci), in Asia Pacific.

The Board of Valuers, a statutory regulator, says owners should appoint only property managers that it has registered. But a lobby group, the VAEA Joint Action Group, insists that there is no such restriction.

The VAEA refers to the Valuers, Appraisers and Estate Agents Act 1981, the statute that governs the board.

The Joint Action Group has players from different industries as members, ranging from the Real Estate and Housing Developers Association (Rehda) to apartment management corporations and the Associated Chinese Chamber of Commerce and Industry (ACCCIM). Fiabci Malaysia, which Tharmalingam used to head, is also part of the group.

The group reads the law differently and asserts that by definition under two other Acts, the owner bodies and corporations escape the effects of the Valuers Act.

They claim the two Acts -- the Strata Titles Act 1985 and the Building and Common Property (Maintenance and Management) Act 2007 -- allow owners' committees to appoint what they call managing agents.

"Anyone with the right experience and ability can be a managing agent. JMBs and MCs can appoint any one they see fit to manage their properties," says Datuk Teo Chiang Kok, See Hoy Chan director.

Their problem with the Valuers Act is that it effectively allows only registered valuers to become property managers. They say this makes the property management industry a monopoly for just a few hundred registered valuers.

"But it is the free market that should decide," Teo says.

Board of Valuers president Datuk Abdullah Thalith Md Thani says anyone involved in managing and maintaining property should be properly regulated and well-qualified.

"I want to open up registration to anyone who is interested. It's a misunderstanding."

He says he had proposed to amend the Valuers Act, but intense resistance from developers and other property players forced him to drop the matter. Thalith is president by virtue of his post of director-general of the Valuation Department under the Ministry of Finance.

Thalith agrees with most industry players that the Act's provisions for regulating property managers are inadequate, and enforcement patchy.

But he worries that those who appoint the so-called managing agents could be courting financial disaster arising from mistakes, negligence and dishonesty. Those registered under the Act would be required to obtain professional indemnity insurance, he points out.

The HBA, a voluntary organisation which represents home owners, agrees owners are exposed even if these unregistered managing agents had adequate indemnity insurance.

Chang, who is honorary secretary, argues that the insurer could repudiate liability and refuse to pay up since the managing agent is not a legitimate property manager registered with the Board of Valuers.

Indeed, the same could happen to owner bodies themselves, the JMBs and MCs, he says.

"The relevant statutory provisions do include prosecutions and the right to sue, but this is hardly any protection at all to owners. There are too few preventive measures." The HBA favours tighter regulation and compulsory licensing of property managers. "Lives and properties are entrusted to their care, control and management," Chang says.

He also urges the board to grant amnesty to competent but unregistered property managers, to encourage them to register.

"It's similar to the drive that was extended to unlicensed real estate agents some years ago."

Fiabci's Tharmalingam agrees, saying the board has, by inaction, allowed unlicensed property managers to flourish for 20 years: "They now have the right to exist."

A valuer by profession, he goes even further to say the JMBs and MCs should also be registered. Registering these owner bodies would offer a safety net to individual unit owners, he explains: "Those who serve in the (executive) committees have a responsibility for the (financial) performance of the JMBs and MCs. If the board is prepared to regulate property managers, then it should take responsibility for the JMBs and MCs too."

The problem is the laws governing stratified properties have been drafted and amended piecemeal, leaving loopholes that expose apartment owners, Tharmalingam claims.

"It's a solvable problem, but cooler heads must prevail."

A Response

2008-06-13T04:55:00.000-07:00

submitted by kiew

Reading your Blog on Palm Spring Condo, I suggest that the JMC member approach the Ministry of Housing and Local Government Enforcement Department at Damansara government Office Complex Block B, 3^rd Floor Pusat Damansara. The Developer in failing to provide the required audited annual account on the management of the Condo has violated the law under the Housing Development (Control and Licensing) Act 1966. The failure to provide accounts later that 2005 when it is now 2008 is not acceptable. If the JMC file a complaint the enforcement division can then take action.

I suggest that the JMC get hold of the Act that can be bought from Book stores in the country for detail and better understanding of their position and term of responsibility and rights.

On the issue of religious picture and symbol hung outside the doors of resident, you said that we living in a multi-faith country needs to exercise tolerance. Does it then means we need not have sensitivity as well! Our approach to the Commissioner of Building PJ Office seems to have an evasive response in view of the sensitivity of the issue. The Condo management was told to handle it as well seen fit. I think there must be some official ruling on such an issue, like keep pets in Condo.

On water charges, all I hope for is a fair deal in water charges not free water. Water fro the sky is free. However treated water has a cost to bear and I DO NOT SEE WHY IT CAN BE FREE. Who then is to pay for the treatment?

The present charge on water for strata buildings is not fair as apartment and condo dwellers have to pay premium rate while richer landed property owner pay less. There is some thing not right with our law here. Our law is meant to be fair and just. Where is the justice here? All I can hope for is a change in the law making every consumer equal in the eye of the law and thus equally treated. I hope Edward can help bring this to the State Government and change the law as required. Water is a state matter and can be handle each state at a time. I hope Selangor can take the lead..

Tips to Save Costs

2008-06-12T12:52:00.000-07:00

I just came across this - must have missed the part for people living in high-rise property. Tengku, you ada tanam sayur?

"[People] need to be thrifty in their life. If they have some spare land near their house, they can start planting vegetables. For those staying in high-rise like apartments, they can use the pots or the hydroponics method".
This great piece of advice was mouthed off by Mohd. Yusuf Abdul Rahman, the communications director of FOMCA.

(the above taken off niamah.blogspot.com - patrickteoh's blog - Thank you, sir!)

FIRE ALARMS - food for thought...

2008-06-12T08:21:00.000-07:00

submitted by:
Derek De Souza

Warga CAHC, this makes good information. Worth spending some time to look into this issue. Comments please.

It is with great sadness that I inform you all of concerns on safety within the PNK building, looks like all efforts to emphasis on safety has fallen on deaf years, yet again. Let me bring to your attention some outstanding issues currently affecting our condo, pertaining to the fire alarm system.

Firstly, it is with deep regret that the authorities at Bomba do not carry out regular routine checks. I address this issue, because I have in the past five years made no less than 5 complaints to Bomba with regards to the state of affairs of our fire alarm system. I always question the need for such systems to be installed and the regulation which makes it a requirement of the building by-law acts. Why should a fire alarm be installed in the first place??? The answer is simple, it is used as an early warning to detect potential fire hazards that may cause loss of life, property and what not!!! Why do people treat safety lightly??? Good question, the answer is simple....everybody believes or tends to ignore the possibility of such a fire ever being able to take place in their premises. Well we all hope it never happens, anyway right!

Please note that the current situation of our fire alarm system is in bad condition. We have a sophisticated addressable fire alarm system, which is supposedly much better than conventional or semi-addressable systems. The sad thing is this, the system tends to breakdown frequently and all in the name of ignorance towards the suggestions I have offered in the past, which is to reinstall all the addressable transponders accordingly and which shall ensure that such potential failures are lessened or removed completely. Back to the situation of our fire alarm system, please note that the main fire alarm panel in the guardpost is totally shutdown and the one in block 6, connecting blocks 4,5 and 6 has a problem with its network card. What this means is that there is no network communications of the current status of the fire system. In the event a call point is triggered to alert fire, this information will not be communicated back to the main control panel to trigger the relevant bells. The other most glaring situation is the conventional fire alarm panels installed at the Pencawang Elektrik room where our electrical transformers are installed (PE 3 and PE 4), which are totally dead or non-functional. Even the gas discharge panel for the Halon Gas is also broken. I do hope that in the interest of safety, God protects us in the interim period that the system is non-functional. The manager of our condominium seems to feel that this outstanding issue is either irrelevant to him or our safety. We should communicate such poor building managers in our forums so that such management companies do not get any other buildings maintenance contracts in future. Call me if you want to know which company.

I sincerely hope that something is done by Bomba soon. In my list of email distribution, I have included the email address of Tuan Edwin Galan Teruki of Bomba whom is the person in charge of enforcement. I do hope tuan, if you see this email, you will help send some enforcement officers to our condominium i.e. Puncak Nusa Kelana in Jalan PJU 1A/48, Petaling Jaya to investigate and if possible fine the building manager.

With that, I end my message with a prayer to God, that he protects us all in the interim period that our fire system is down, due to the excellent management services provided by a team of morons. "Dear God, please protect us from fires and ensure the safety of all our tenants and residents. Please make Bomba realise their responsibility towards the people and let them send someone to check on our problem. Most importantly, God, please send a message through the thick skulls of the morons that manage our building on the importance of safety and early detection of potential fires. We ask all this in the name of God! Thank you."

Palm Spring panel formed - are you in the same boat?

2008-06-09T10:59:00.000-07:00

http://thestar.com.my/metro/story.asp?file=/2008/6/10/central/21456096&sec=central

RESIDENTS of Palm Spring@Damansara in Kota Damansara, Petaling Jaya, have set up a joint management body (JMB) and want the developer to hand over the management of the property to them.
According to Palm Spring joint management committee (JMC) sub-committee member Richard Siew, 50, the commissioner of buildings (COB) had issued a certificate endorsing the setting up of the Palm Spring JMB.
The certificate was issued by the Petaling Jaya City Council (MBPJ), signed by PJ mayor Datuk Mohamad Roslan Sakiman as the commissioner of building.
“The certificate is dated April 5 because that is when the JMB was formed. The management should have stopped collecting maintenance fees from the residents from then on but it has not stopped doing so,” Siew said.
The residents are unhappy that the developer has not acknowledged the formation of the JMB under the Building and Common Property Act 2007.
JMB secretary Richard Wong, 44, said they were not satisfied with the way the maintenance fees and sinking fund were handled.
“We requested to see the accounts, but till now, they have only given us the accounts for 2005,” he said.
Takeover: Anwar, holding the certificate issued by the commissioner of buildings, requesting to see Ho. However, Ho was not available.
Wong said they hoped the developer would join the JMC so that they could manage the funds together.
Last Wednesday, the committee had arranged to meet building manager Samuel Ho but he was not in the office at the agreed time.
The committee then asked three PSD Management Services employees to leave so that it could lock the grille leading up the office.
“We're not terminating the services of PSD. We're just locking the office up for five minutes, which is symbolic of our takeover of the property management,” said Palm Spring JMB chairman Anwar Monawar, 49.
When contacted, Ho said the PSD was merely an agency to carry out the management and maintenance of the property.
“We're a neutral party and residents should settle their dispute with the developers,” Ho said.
According to Section 11 of Building and Common Property Act 2007, the joint management committee must include the developer and between five and 12 property owners, chosen during an annual general meeting
Roslan said the matter is being looked into.
Developer Muafakat Kekal Sdn Bhd declined to comment for the time being.
Regarding the accounts, Ho said any resident must submit a written request to examine it.
“The accounts are privy only to residents of the building, and not just anyone,” he said.

JMB - Roles & Duties ( an experience by a member )

2008-06-05T09:51:00.000-07:00

This was sent in by Seng Teck Lim

It was advised by the developer that the committee shd appoint a mgmt agent to do the day to day business of running the place as the JMC members or at least the majority are all working people; there is no way the JMC can run the place. Who will run the office to prepare billing and collect payments during office offices, do banking, attend to residents complain or supervise the various suppliers of services (security, cleaning, etc)

However Subsection 11 (1) states that the JMC may perform the Body's dutes and conduct the Body's business on its behalf and may for that purpose exercise any of the Body's powers (one of which is appointing the mgmt agent).

We are in the second month of collecting payments without problems and paying suppliers prompltly as well as we have sufficient cash flow.

We have two accounts - one for maintenance charges and one for sinking fund and the authorised signatories are the 3 principal office bearers (Chairman, Secretary and Treasurer). We have rules for operating the accounts ie 2 signatories are required for amounts not more than RM2K and 3 signatories for amounts greater than 2K. The Day to day banking in of cash/cheque collections is done by the mgmt agent who put 3 staff in the office (Building mgr, an accounts/admin clerk and a technician) which shd be sufficient for a medium sized condo of about 300 to 400 units. Also the management agent is overall in charge of all other service providers like security, landscape/gardening, cleaning, lift maintenance and supervising engineer/chargeman etc.
Then the managment agent need to deal with certain statutory requirements like
-- licence from the energy commission on the LV/Genset
- licence for the lfits
- annual inspection of fire equipment to satify Bomba requirements etc
How will an average JMC member know what to do? It will only be prudent to appoint a mgmt agnet to handle it for you.

In 2 cases where i am a committee member, we find the fees paid to the mgmt agent were cheaper than what the two developers had been charging us for managing and maintaining the property.

But if your condo has lots of retired people who are willing to serve; you probably can run the mgmt office on your own but you need people of varied background/skills who are knowledgeable with not just the Building and Common Property Act but also other related Acts.

Of course the JMC must insure its building against Fire & related risks like landslide etc.
But there may be other insurances that you must think of such as public liability insurance etc. In the second condo where I was involved in, we found thatt he condo had fire insurance policy only, When queried, we found that other isnurances were covered by the developer's overall group insurance policies. So we had to buy these other insurances once the JMC was in effective control ( their group insurance will not cover us) as they are needed to protect the interests of all owners.Example you bring in a guest to the swimming and he slipped and fell and was badly hurt. He decides to sue the JMB for RM1M for negligence in not providing railing or non-slip flooring etc; what will the JMB do if you have not thought of public liability insurance. Then are at least 3 others that you shd consider.

There will be 101 things to think of if you want to manage on your own.

Anyway it had been an interesting and wonderful experience being a member of two such committees - 1 a MC and the other a JMC. A friend who is on JMC of his condo has asked me for some advice as well and I have learned some interesting challenges at his condo. I found that his committee basically did not know where to start and I gave him some of my notes to help him. Perhaps someone shd write a book for the many JMC out there trying to manage their property --- a layman perspective

House Rules - (from a member)

2008-06-04T01:21:00.000-07:00

I need your help.
I need to draw up a set of house rules for my jmc.
Hope you are able to salvage a soft copy from somewhere for my reference and adaptation.
My developer, is a super con man, swearing that they have been giving me a set wth every document they send me.

ANYONE CAN LEND A HELPING HAND?

Water Issues

2008-06-03T05:44:00.000-07:00

A forum between residents of Pandan and Ampang was held between Syabas on 10 May 08 at MPAJ office. Present was YB Iskandar Exco for Housing. CAHC was represented by Datuk Karim and Sazali Hashim.
1. Selangor government has been asked to legislate the migration of water meters and billing i.e make it mandatory for SYABAS to read and bill the meters individually, without going thorough a third party.

2, Third party should be eliminated i.e the management. SYABAS also said that many apartments and condos have not submitted their request for migration. AND they also found out that though residents have signed up for migration, the developer or the management did not submit the forms to SYABAS. One example was a developer in Puchong who admitted not submitting the forms because they do not want the migration.Therefore, residents are asked to check again with the developer. If action was not taken, residents association should take the initiative to do the following: 1. go to the Syabas office in charge of your area and get the necessary forms 2. Residents to fill up the forms, give them back to the Residents Association.

3. RA then submit the forms direct to SYABAS without going through the developerAt the last meeting with SYABAS, they said that the developer should submit the forms, but because developers have not been submitting the forms, RAs can now do it.First check with the developer if they had submitted the forms or not!!!

House Rules - Religious Practices ( question from a member )

2008-06-03T05:41:00.000-07:00

I wonder if you can provide some advice on the violation of House Rules or By-laws whereby individuals living in aCondo decide that it is his right to hang religious figure portrait or symbols above the door of their unit outside their unit that cause offence to his neigbours. What can and should be done in such a case as religion is a sensitive issue in our multi-faith and religion country.

Can you give your view on such a matters and circulate it among other Condo email sites for advice and discussion.

I personally have no problem on whatever religious symbol other have but when there is an objection of fear or offence what then?

Request for removal resulted in fierce objection from offending individual.

Hope to hears some response .

Puchong Intan

2008-06-02T12:57:00.000-07:00

from http://www.mmail.com.my/Current_News/mm/Friday/Hotnews/20080530102100/Article/index_htmlRESIDENTS of Puchong Intan Apartment want a speedy solution to their woes and reckon their Member of Parliament, Gobind Singh Deo, would be the person to deliver. They have several outstanding matters to resolve with the developer, Max Benefit Sdn Bhd. Since the residents seem to get nowhere, not even with the Subang Jaya Municipal Council, they have enlisted Gobind’s help. There was a meeting among the three parties — the residents represented by the Puchong Intnan Joint Management Board (JMB) - two weeks ago. The council was represented by its secretary Slamat Hamzah and Commissioner of Buildings Nor Azmi Mohd Rosli.According to JMB secretary Baharun Ngah, the issues discussed during the meeting were inadequate parking, spoilt lifts, outstanding Liquidated As cer tained Damages (LAD) payment and the hand-over of accounts.A new meeting was fixed for end May.When contacted yesterday, however, Baharun said there was no news from either the council or developers.As such, they decided to get Gobind involved.Said Gobind: “There are two aspects to this, which are the LAD claims and the condition of the apartments. I advised that the two should be dealt with separately."“The LAD issue seems pretty straightforward. So, I don’t understand why it has not been paid yet.” The apartments were supposed to be completed in 2002 but was extended to 2004. However, residents received their keys in June, 2005.Gobind intends to meet with Max Benefit and MPSJ after receiving a list from the JMB on those involved and the problems.