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.
Sunday, March 28, 2010
Monday, March 8, 2010
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
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
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
Friday, February 19, 2010
Liquidators?
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
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
Monday, February 8, 2010
From Down South
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?
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?
Thursday, February 4, 2010
How many to a unit? Condo = student"s hostel?
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.
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.
Sunday, January 3, 2010
Making high-rise living conducive for all
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.
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.
Tuesday, November 3, 2009
JMC - and more issues.....
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.
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.
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