Beruflich Dokumente
Kultur Dokumente
14/05/2012
Jamaludin Yaakob
CONTENT
Learning Outcomes Joint Management Body
Governing Laws
Keywords
Introduction
Before the 2007 Act
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Learning Outcomes
At the end of the discussion students should acquire these abilities: a) xx
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Governing Laws
Common Property (Management & Maintenance) Act 2007 Housing Development (Control and License) Act 1966 Strata Title Act 1985
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Keywords
Joint Management Body Accessory Parcel
Common Property
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Introduction
Maintenance of strata title scheme has been a contagious issue between developer and owners or purchasers. Came into force on 12 April 2007. It is an act that provides for the proper maintenance and management of buildings and common property, and for matters incidental thereto.
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After 2007 Act Section 4 The JMB that comprises of the developer and the purchasers are responsible to provide for the proper maintenance and management of buildings and common property, and for matters incidental thereto.
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[subsection 11(4)]
Times and places of meetings. - The Committee is to hold as many meetings as are necessary for the efficient performance of its functions. - The meetings are to be held at such places and times as the chairman may decide. - BUT, the chairman shall not allow more than 2 months to lapse between meetings. - The chairman shall call for a meeting if requested to do so in writing by the Commissioner/ by at least 2 members of the Committee.
A person shall continue to be a member of the Committee until that person: resigns; dies; becomes a bankrupt; is no longer a purchaser.
Quorum
- The chairman and at least half of the members of the Committee shall form a quorum at any meeting of the Committee.
Casting vote. - If on any question to be determined by the Committee there is an equality of votes, the chairman shall have a vote in addition to his deliberative vote.
[subsection 11(4)]
b) the resolution in writing is signed by every member of the Committee indication agreement with the resolution,
Members to devote time to business of Committee. - The members of the Committee shall devote such time to the business of the Committee as is necessary to discharge their duties effectively.
RIGHT OF PURCHASER
Section 13 On application by or on behalf of a person who is a purchaser, or by or on behalf of a person who is a prospective purchaser, the Body shall issue to that person a certificate certifyinga) the amount of charges payable by a purchaser; b) the time and manner of payment of the amount of charges; c) the extent, if any, to which the charges have been paid;
RIGHT OF PURCHASER
d) the amount, if any, then recoverable by the Body in respect of the parcel; e) the sum standing to the credit of the BMF and the sum in the account that has been committed or reserved for expenses already incurred by the Body; f) the nature of the repairs and estimated expenditure, if any, where the Body has incurred any expenditure or is about to perform any repairs, work or act in respect of which a liability is likely to be incurred by the purchaser of the parcel under any provision of this Act; and g) the amount paid and to be paid by the developer for unsold parcel.
The Building Maintenance Account shall be opened in the name of the development area with a bank or financial institution licensed under Banking and Financial Institutions Act 1989 or regulated by the Central Bank under any other written law.
Section 17(1) A developer shall deposit into the Building Maintenance Accounta) all charges received by him from the purchasers in the development area for the maintenance and management of the common property of the development area; and
MAINTENANCE CHARGES
The purchaser shall pay the charges for the maintenance and management of the common property [Section 23(1)] The apportionment of the charges to be paid by the purchaser shall be determined by the Body in proportion to the allocated share units [Section 23(2)]
MAINTENANCE CHARGES
Any written notice served on the purchaser requesting for the payment of the charges shall be supported by a statement of the charges issued by the developer or Body [Section 23(3)] The purchaser shall, within 14 days of receiving a notice , pay the charges requested for [Section 23(4)]
MAINTENANCE CHARGES
If the charges remain unpaid by the purchaser at the expiration of the period of 14 days, the purchaser shall pay interest at the rate to be determined by the Body but such interest shall not exceed 10% per annum [Section 23(5)]
MAINTENANCE CHARGES
Schedule H of the Housing Development (Control and Licensing) Regulations. Regulation 19(1)
The Purchaser shall be liable for and shall pay the service charges for the maintenance and management of the common property and for the services provided by the Vendor prior to the establishment of a management corporation under the Strata Titles Act 1985.
MAINTENANCE CHARGES
Regulation 19(2)
From the date the Purchaser takes vacant possession of the said Parcel, the Purchaser shall pay a fair and justifiable proportion of the costs and expenses for the maintenance and management of the common property and for the services provided. Such amount payable shall be determined according to the provisional share units assigned to the said Parcel by the Vendors licensed land surveyors The amount determined shall be the amount sufficient for the actual maintenance and management of the common property. The Purchaser shall pay one (1) months deposit and three (3) months advance in respect of the service charges and any payment thereafter shall be payable monthly in advance.
MAINTENANCE CHARGES
Regulation 19(3) - Every written notice to the Purchaser requesting for the payment of service charges from the Vendor shall be supported by a service charge statement issued by the Vendor Regulation 19(4) - The service charge payable shall be paid within seven (7) days of the receipt by the Purchaser of the Vendors written notice requesting the same. If the service charge shall remain unpaid by the Purchaser at the expiration of the said period of seven (7) days, interest on the service charge shall commence immediately thereafter and be payable by the Purchaser, such interest to be calculated from day to day at the rate of ten per centum (10%) per annum.
MAINTENANCE CHARGES
Settle your maintenance charges or risk having your assets sealed. Owners and tenants of units in high-rise buildings such as condominiums, office buildings and shopping centres were given this warning yesterday by the secretary-general of the Ministry of Housing and Local Government, Datuk Ahmad Fuad Ismail. The assets would be sealed if the Commissioner of Buildings (COB) appointed by the state governments gave the permission after receiving an application from the developer of a building, he said.
Sources: 15/04/2007 Sunday Times
MAINTENANCE CHARGES
Under the new Act, owners must pay their charges within 14 days of the first notice and if they fail to do so even after the second notice, they can be taken to court. Both the owner and tenant must also make sure they are registered with their respective management bodies. A warrant of attachment will only be served as a last resort. These amendments are made to ensure that the entire housing industry functions effectively without any hiccups on the part of the developer or dwellers.
Source: 22/04/2007 New Straits Times
SINKING FUND
Section 2 sinking fund means a special fund opened and maintained under section 24.
SINKING FUND
Section 24 Joint management Body to open and maintain sinking fund.
The Body shall open and maintain a sinking fund into which shall be paid such portion of the contribution to the BMF as may, from time to time, be determined by the Body for the purposes of meeting its actual or expected liabilities in respect of the following: a) the painting or repainting of any part of the common property;
SINKING FUND
b)
c) d)
Section 24
the acquisition of any movable property for use in relation to the common property; the renewal or replacement of any fixture or fitting comprised in any common property; or any other expenditure as the Committee deems necessary.
SINKING FUND
Schedule H of the Housing Development (Control and Licensing) Regulations. Regulation 20(1)
The Vendor shall, upon the date the Purchaser takes vacant possession of the said Parcel, open and maintain separate sinking fund for the purposes of meeting the actual or expected liabilities in respect of the following mattersa) The painting and repainting of any part of the common property;
SINKING FUND
Schedule H of the Housing Development (Control and Licensing) Regulations. Regulation 20(1) b) the acquisition of any movable property for use in
relation with the common property; or c) the renewal or replacement of any fixture or fitting comprised in the common property.
SINKING FUND
Schedule H of the Housing Development (Control and Licensing) Regulations. Regulation 20(2)
The Purchaser shall, upon the date he takes vacant possession of the said Parcel contribute to the sinking fund an amount equivalent to ten per centum (10%) of the service charges. The contribution shall be payable monthly in advance. All funds accumulated in the sinking fund shall be held by the Vendor in trust for the Purchaser.
CONCLUSION
The BCP Act is aimed at plugging loopholes and grey areas not covered by the Strata Titles Act 1985 and the Housing Development (Control and Licensing) Act 1966. Under the BCP Act, the roles of the developers and purchasers are more clearly defined and three new bodies are introduced to implement proper building maintenance and management, namely the Commissioner of Buildings (COB), Joint Management Body (JMB) and Joint Management Committee (JMC).