This posting is intended to give you a little background about the Act of Parliament that has recently lead to the formation of a body called the Joint Management Body or in short ,“JMB”.
This posting will seek to answer some common questions that occupiers of strata titled properties may have about the laws that govern the management and maintenance of such property.
Q. What are strata titled properties.
A. In simple terms, where a number of properties share a common piece of land, such properties are called strata titled properties. This is as opposed to a stand alone property, e.g. a house, which is the only property sitting on a piece of land.
Q. What Act of Parliament governs strata titled properties?
A. The Strata Titles Act 1985. Click "here" for the detailed provisions of the Act.
Q. What are the common causes of concern of strata titled properties?
A. The comparatively longer time for the issuance of strata titles as opposed to individual titles and maintenance of common areas and facilities are by far the biggest causes of concern of such properties.
Q. Who manages a condominium before strata titles are issued?
A. Before the issuance of strata titles, the condominium is managed and maintained by the developer. Upon the issuance of strata titles, the management of the condominium is taken over by a body called the Management Corporation whose members of made up of owners of units in the condominium.
Q. What are the common concerns during this period before a Management Corporation is formed?
A. Typically, if a developer is a conscientious and responsible developer, the property will be managed and maintained well. However, sometimes due to financial constraints or just a de-prioritised focus on such matters, the quality of maintenance of such property may waiver or in more serious situations, be severely lacking.
It is also common for complaints regarding the lack of an avenue for participation by residents in the decision making processes of managing the property, although it is the residents’ money that is being utilised.
Q. How is the situation different now?
A. The interim period before strata titles are issued is now governed by the Building & Common Property (Maintenance and Management) Act 2007 (“BCPA”). Click "here" for the detailed provisions of the BCPA.
Q. In whose hands is the management of condominium placed on now?
A. Before strata titles are issued, the BCPA requires the formation of a Joint Management Body (“JMB”). The JMB is, in essence a legally recognised body that has the responsibility to manage and maintain the condominium and the right to collect maintenance fees in order that this responsibility can be performed.
The BCPA is an act that seeks to hasten the transfer of all matters of maintaining a condominium unto the hands of owners. This is because the JMB is a joint body between developer and owners and unto which the rights and obligation of maintaining a condominium is placed upon.
Q. What is a Joint Management Committee?
A. A Joint Management Committee (“JMC”) is a committee consisting of those elected by the JMB and a mandatory member nominated by the developer. The JMC is tasked with managing the more detailed issues of managing and operating the condominium.
Q. Has the JMB and JMC been formed for Sutramas?
A. Yes. The JMB and JMC was formed by way of a General Meeting held on Saturday, 5 April 2008. The name of the JMB is Sutramas (KL) JMB.
Q. Who are the members of the Sutramas JMC?
A. The members elected are :-
| 1. | Mr. Ronnie Tan | 7. | Mr. William Tan |
| 2. | Mr. Finton Tuan | 8. | En. Emil Zubrin |
| 3. | Mr. Lee Mun Kheong | 9. | Mr. Lee Poay Keong |
| 4. | Mr. Timothy Ong | 10. | Mr. Terence Leong |
| 5. | Mr. Thomas Pagnoux | 11. | Mr. Tony Ng |
| 6. | Mr. Au Weng Sang | 12. | Ms. Nadia Watt |
| 13. | Mr. Chong Cheong Hin (Developer’s Rep) | ||
Q. Who is the developer of Sutramas?
A. Dutamasa Sdn Bhd, a subsidiary of See Hoy Chan Sdn Berhad.
Q. Does Dutamasa Sdn Bhd currently manage Sutramas?
A. Dutamasa Sdn Bhd has appointed See Hoy Chan Facilities Management Sdn Bhd (“SHCFMSB”) to manage Sutramas. A monthly fee is paid to SHCFMSB for this service. SHCFMSB is also a subsidiary of See Hoy Chan Sdn Berhad. Security service is also provided by a See Hoy Chan internal company called Strong Legacy Sdn Bhd.
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