房政部严行分层管理法 9人小组对付违例屋主

越来越多国人居住在高楼, 有必要推行更完善的管理法令。(档案照)

越来越多国人居住在高楼, 有必要推行更完善的管理法令。(档案照)

(八打灵再也13日讯)房屋及地方政府部将成立9人执法小组,协助建筑委员会(COB)落实2013年分层管理法令,向违例屋主采取行动,包括没有缴付公寓费或其他费用的屋主。

2013年分层管理法令是于2012年获得国会三读通过,并在2013年2月8日颁布宪报。这项法令于去年6月1日起在西马、吉隆坡、纳闽和布城直辖区开始生效,而槟城则于6月12日起生效。

阐明34项罪行

房政部城市服务组秘书立祖安指出,随着成立执法小组,将会全面推行该法令。该法令共阐明了34项罪行,包括没有缴付管理费或是储备基金(sinking fund)也属违例。

“例如管理机构可以向没有缴付管理费的屋主征收利息、公布屋主的名字、停止他们的门禁卡,或是阻止他使用公共设施,如停车位。”

该法令也允许将违例屋主带上法庭,一经定罪,将会面对罚款最低5000令吉,或监禁最高3年,或两者兼施。

立祖安向《星报》指出,基于越来越多国人居住在高楼,需要更完善的管理法令,因此分层管理法令可说是我国管理分层建筑物的“游戏改变者”。

“大约有30%的国人是住在高楼,而预计未来会有更多,因为现在很多发展商都兴建高楼建筑物。”

他指出,有关执法小组将会在今年成立,涵括众法律执行机构和法律专家。他们将会州政府合作,并协助当地的建筑委员会推行这项法令。

拒付管理费属刑事罪 管理机构可征收罚款

立祖安说,拒绝缴付管理费是其中一项最为普遍且严重的问题,并认为若能解决这情况,分层建筑物住户面对的60%问题便能获得解决。

立祖安也提及,屋主拒绝缴付管理费很可能是不满管理机构,认为管理机构没有善用他们的款项。

但是他劝请屋主,若拒绝缴付管理费,将无法出席常年代表大会,这同等于放弃了投选管理机构委员会的权利。

“不论是基于什么理由拒绝(缴付管理费),管理机构可以在新法令下向你们征收罚款,而且(不缴费)也是属于刑事罪。”

办30场座谈会向住户讲解

立祖安说,由于是新法,房政部计划在今年举行30场座谈会,向分层建筑物的住户讲解,避免他们与管理机构发生误会或纠纷。

例如一些拒付管理费屋主也会因为他们的名字贴在公告栏上,向大马通讯及多媒体委员会投诉,但其实这做法是在新法令下获得允许。

Source : http://www.nanyang.com/node/752432

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Defeating the defaulters

high-building-130316HAVING kind and considerate neighbours is a blessing.

For condominium and apartment residents, that blessing also extends to having neighbours who dutifully fork out their share of the maintenance fees required to upkeep the facilities that everyone shares.

The problem is, some neighbours are inconsiderate and don’t pay their share – and this is a common issue that has been around as long as there have been high-rises.

In Singapore, such irresponsible neighbours would be given short shrift because laws there provide for the seizure and public auction of units belonging to defaulters. While some have called for a similar law here in Malaysia, it is not provided for in the Strata Management Act 2013, which has been in force since June 2015.

However, the Act does provide much needed extra “bite” to local ­managing bodies to act against errant residents – and the Government is now taking it a step further even.

An enforcement team, under the Urban Wellbeing, Housing and Local Government Ministry, will be formed this year to make sure that all parties adhere to the provisions in the law.

The ministry’s urban service division undersecretary Mohammad Ridzwan Abidin says the team will engage with state governments and assist the Commissioner of Buildings in local authorities to execute the law.

“We want to start the ball rolling in enforcing the Act, which is still rather new.

Mohammad Ridzwan Abidin

Mohammad Ridzwan Abidin

Urban Wellbeing, Housing and Local Government Ministry urban service division under secretary Mohammad Ridzwan Abidin explaining the new Strata Management Act 2013 during an interview at the ministrys office in Putrajaya recently. Mohammad Ridzwan Abidin

“The team will consist of nine members, including officials from law enforcement agencies and legal experts,” he reveals in an exclusive interview with Sunday Star.

Mohammad Ridzwan says the team will look into the 34 offences listed in the new Act, including the failure of unit ­owners to pay maintenance fees and make the required contributions to the sinking fund (a fund used for capital expenditure).

“Residents who default on payment are one of the main sources of problems. I think if we can solve this matter, about 60% of issues faced by residents of stratified buildings can be settled,” he notes.

The flip side of the coin to this are the defaulters who are upset with their property’s joint management bodies or management corporations and refuse to pay out of frustration.

Mohammad Ridzwan says a common complaint by defaulters is that such managing bodies do not use the funds collected properly.

“However, residents who fail to pay the charges will be unable to attend the annual ­general meetings, denying them the power to elect the members of their management bodies,” he points out.

Whatever the reasons for not paying the fees, residents should be aware that, under the new Act, management bodies can resort to a host of penalties to impose on defaulters, such as imposing interest, publishing their names on notice boards, deactivating access cards or devices and barring offenders from using common facilities like parking lots. Also, failure to pay up is considered a criminal offence under the new Act, which can mean fines and jail time. (Further details in “It’s a crime not to pay”, page 21.)

Other offences the enforcement team will be checking on include failure of the developer to file a “schedule of parcel” to the Commissioner of Buildings before selling property units.

Calling the Act a “game changer” in managing stratified buildings, Mohammad Ridzwan says it comes at an opportune time, as more Malaysians are moving into high-rise residences.

“Currently, about 30% of the Malaysian population is living in stratified buildings.

“This percentage is expected to increase in future with more high-rise properties coming onto the market, coupled with the scarcity of land and expensive houses,” he says.

Because the Act has only been introduced recently, Mohammad Ridzwan acknowledges that not all management bodies and residents are properly aware of the new regulations.

“The ministry is planning to hold 30 seminars this year to educate residents of stratified buildings on the new provisions,” he says.

He says residents need to know more about the new law to avoid misunderstandings and conflict with management bodies.

“For example, some defaulters whose names were published on building notice boards complained to the Malaysian Communications and Multimedia Commission. They accused the management body of infringing on their privacy when in truth the management had acted in line with the new law,” Mohammad Ridzwan says.

He adds that another aspect of the problem is the mindset of residents, especially among those who move from landed homes to condominiums.

“There is a change in culture for such people, and they may not be used to paying the monthly fees,” he says.

Apart from looking into issues with residents, Mohammad Ridzwan notes that there is also a need to improve matters on the management side. For instance, only 11% of the total 15,000 strata schemes in the country submitted the required financial reports.

“The ministry aims to encourage a more civil society, especially with the urbanisation rate on an upward trend,” Mohammad Ridzwan says.

Source : http://www.thestar.com.my/news/nation/2016/03/13/have-you-paid-your-maintenance-fee/

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We wish you a Happy & Prosperous Chinese New Year 2016!

Happy Chinese New Year 2016!

Happy Chinese New Year 2016!

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Merry Christmas & Happy New Year 2016

Merry Christmas & Happy New Year 2016

Merry Christmas & Happy New Year 2016

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Volunteer Needed – MC Treasurer

Volunteer Needed - MC Treasurer

Volunteer Needed – MC Treasurer

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Notice – Increase of Maintenance Fee

Notice - Increase of Service Charge

Notice – Increase of Service Charge

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POSTPONED – Waste Separation Briefing

POSTPONED - Waste Separation Briefing

POSTPONED – Waste Separation Briefing

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Invitation : Waste Separation Briefing by SW Corporation

Invitation to Waste Separation Briefing

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Attention! : 2nd AGM for D’Alamanda Management Corporation

2nd AGM Docs (final)_0012nd AGM Docs (final)_0022nd AGM Docs (final)_0032nd AGM Docs (final)_0042nd AGM Docs (final)_0052nd AGM Docs (final)_006

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Selamat Hari Raya 2015 (1 Syawal 1436H) to all DA Condo Muslim residents & happy holiday to everyone! :)

Selamat Hari Raya 2015 (1 Syawal 1436H) to all DA Condo Muslim residents & happy holiday to everyone! :)

Selamat Hari Raya 2015 (1 Syawal 1436H) to all DA Condo Muslim residents & happy holiday to everyone! :)

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