Act 663 Building & Common Property

You can access more information about TheBuilding and Common Property (Maintenance and Management) Act 2007(” The Act”) by visiting the National House Builder Association http://www.hba.org.my/laws/building/bcpAct2007.htm.

LAWS OF MALAYSIA

Act 2007 (Act 663) BUILDING AND COMMON PROPERTY

(MAINTENANCE AND MANAGEMENT) ACT 2007

Act 663

or you can also download a copy of the Act 663 by click on the link  http://www.rehda.com/resources/acts/A663-2007.pdf and a copy of the Strata Title Act 1985 (Amended 2007) http://sites.google.com/site/chrisacompany/strata-title-insurance/StrataTitlesAct1985.pdf?attredirects=0

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128 Responses to “Act 663 Building & Common Property”

  1. Is there any guideline on the amount they charge for maintenance fee? I’m property owner at Melur Apartment (Sentul Perdana) and i’m not satisfy with the charges apply by this maintenance. Apparently they charging additional fees on top of the maintenance for sinking fund (10% from maintenance fee) and also water charges. Why cant they have this combine under maintenance fee? what’s the proportion breakdown of the maintenance fee actually? anyone knows that?

    • 2 Mohamad Nizam

      There’s no specific guidelines for maintenance fees. Maintenance fees is determined by the monthly operation budget. The operational expenses shall be divided equally into the total sqft. The maintenance fee or the operation fees is being charged according the size of your unit. Sinking fund is equally important to maintain/repair the existing building and/or its equipment. The is a rules on the spending the sinking fund in which its has guidelines in the Act 663 & Strata Act. Water charges is charged separately as per your usage exactly as per the SYABAS charge according to the bulk meter.

  2. 3 Philomena Helen Fernandez

    I am the owner of a condo unit and there are 5 of us living in the unit and we have 5 cars. The JMB restricts that only 3 cars can be provided with card access and the others have to take a visitors pass. Why should i take a visitors pass when all 5 of us are residents of the condo unit. Can the JMB impose such a rule

    • 4 Mohamad Nizam

      Yes, the JMB has the right to do that because your unit was purchased with only 3 carparks. Your unit is entitled only 3 carparks. You may rent an additional carpark if available.

  3. 5 farah wahida binti ismail

    hi..i am building executive of a condominium at selayang. just have a question. do jmb have a right to let their maintenance staff stay at roof top in order to Monitoring the roof top from any theft cases..and interms of electricity and water, do us have a right to use it?..and do resident have a right to enter the roof top in order for checking purposed..thank you

    • 6 Mohamad Nizam

      JMB has the rights to let their staff (only) to stay at rooftop under a collective decision for whatever purpose. Water and electricity usage is depends on its purpose or if the staff is underpaid. Residents has no rights to enter into any of the M&E rooms including rooftop and in case they enter and accident happened, the management is fully responsible for it. But the JMB or Council Members has rights to enter for whatever reason.

  4. 7 A.I.

    Please help! I occupied a condo less than 1 year. Due to the darkness of common area in front my main door, i added one light without informing the JMB management. They found it few weeks ago and said I stole the electricity and the building manager sent my a letter wanted me to pay the penalty of 10k within 7 days.. I removed the electrical supply for the light once I know that it was illegal. I also sent an apologized letter and a cheque of RM300 ( which I think is more than the electricity consumption of one energy saver downlight for less of one year. ( the unit is always empty and my yearly TNB bill is not exceed RM1k until today) The building manager rejected the cheque and sent me a letter asking to pay RM1k within 2 working days otherwise they will made the police report and take legal action. Please advice what shall I do. Do they have right to charge any amount which is unreasonable? Who shall I getting for helps? We are staying in landed property and not very familiar with condo house rules.

    • 8 Mohamad Nizam

      This is very subjective and the decision is made the Building Manager and he has a rights for it. You have made a mistake. In fact, you have to inform the Management for whatever you intend to do.

    • 9 Lakhbir Singh

      Let them take legal action. You have got a valid reason. It is the management’s responsibility to provide light in the common area. you have done them as favor by lighting up the common area.

  5. 10 nitha

    Hai, i would like to ask one thing, Currently my condominium management charge RM 200( RM 20 for access card + RM 180 for annual fee) for each access card for tenants. As i know there is no such thing exist before. They allow 6 card per house and each one of them need to pay RM 180 as annual fee and its not refundable. Could you please help me on this issue.

    • 11 Mohamad Nizam

      Is the carparks charged is the carpark part of your parcel? if yes, they have no rights to charge the annual fees. If no, it’s might be carpark rental.

  6. Hi, I’m working in Building Management office of a highrise building around KL. How to write to the owner to make him pay the late payment charges who is keep giving excuses that he was not aware & he was away from country and keep demanding saying that there was no email notification send to him on all his bills & outstanding,
    When I approach him to give his new postal address so that we can update and send the invoices accordingly in future, he refuse by providing saying email address and saying that it was provided during his registration when signing for the purchase. .
    Even though we explained to him that it is already stated in the DMC and duly signed by him during the SPA signing. He still keep saying NO and asking us to the Chairman of JMB’s personal contact no. so that he can explain to his to void the late payment charges. How Do I to go about it. Please help, Thanks. Shanthi. K.L

    • 13 Mohamad Nizam

      I believe this reply is late but yes, you are right. the management is not necessary to send an invoice for the service charges as its not required under the act. They have agreed with the service charge amount with the dateline and signed S&P and DMC. So, He is fully aware of the issue. He has to pay the amount charged in full. he is also no need to see the chairman to have a discount. If the chairman gives discount, then the chairman have to discount all for the rest of the other owners.

  7. 14 wong sk

    Just want to ask whether JMB has to power to rent out the utility room to foreign workers. If it is illegal, what avenue can a resident seeks to rectify the situation? Thanks in advance

  8. 15 Shane

    Hi, My property will be VP soon. Would the maintenance charges include the allocated car park in the services charges.( I was allotted with 2 car parks as S&P) May I know under what clause of the Act that the developer include (if so).

    • 16 Mohamad Nizam

      Maintenance charge is calculated based on the operational expenses. It doesn’t matter whether its include carpark or not, it would be the same. Is the service charge has charged to you based on your unit’s sqft or share units?

      • 17 Steve

        How about it is share unit? We are seeing a trend is coming up to revise the total BU in sqft to include car park areas.

  9. 18 farah wahida ismail

    response to your situation, actually both parties have their own fault which the tenant should complaint or get the permission to the management before they made the decision to install the light at common area. the management also cannot blaming the tenant,they also have to checked the common area by their daily or weekly maintenance servicing. security have to inform management if they found any light that not function.

  10. 19 Pamela

    Hi, I own a unit in a service apartment. Recently, the new JMB sent us a letter saying that the maintenance fee will be standardised for all units regardless of size of the unit. Mine being the smallest unit have to pay so much more now. Can they do that? Their reasoning is because maintenance fee is to maintain the common areas where everyone uses. Appreciate you advise.

  11. Under mix development, can a developer designate the area as common property and limited common property? or have to wait till forming of MC and then passing comprehensive resolution to form subsidiary MC?

  12. Hi, i have only one question, did the developer(before the formation of JMB) has the rights to rent/lease rooftop for local telco satellite and before Act 663 enforced?

  13. 22 Mohamad Nizam

    Yes They have the rights but the rental must be paid into the Building’s Fund. The developer need to be ready to answer if the JMB questioned.

  14. 23 deana

    hi,

    may i know the min amount JMB can charge for the water bill? FYI, they charged me around RM35-50 per month. Understood the bill is not individual meter, but for us it is ridiculous amount since both me & my husband are working.

    • 24 Mohamad Nizam

      The water billing is done according to your individual water meter. Each unit has their own water meter.

  15. 25 Vanda lee

    A year ago my ceiling leaks and the upper floor owner refused to pay for the repair as he reasoned that anything below his apartment floor is not his property even though the water leaks is from his bathroom each time he takes his bath. Recently, the lower floor owner complaint that his ceiling is leaking each time i bathe and demanded that i have to pay for his repair and even closed my main water pipe while i was taking my bath. What is the common practise regarding repairs ? Please help. thanks

  16. 26 Corinths Lee

    Hi..may i know…does management have right to stop resident from waiting at our block’s loading bay. But we can park parralel behind the loading bay.
    Isnt it ridiculous?

  17. 27 Carol Lee

    Dear Sir, I am a condo owner in Miharja Cheras. My unit is on the second floor. Recently my unit was flooded backflow of sewage. Sewage water from other units kept flowing out from by kitchen floor drain and toilet bowl until it flooded the whole unit. Management office refused to fixed it. The manager said it was from the blockage in my toilet even though he saw fresh sewage water kept gushing out from my toilet bowl. My plumber came and fixed it he told me the blockage is on the common sewer line and not my peripheral line. My unit is closest to the blockage and as other units sewage cannot flow through the blockage and backup reach my unit and flow out from there. In this situation who is responsible to fix it. Kindly advice. Carol

    • 28 D

      Carol
      1. Send a official letter stating the issue and request them to check to the management office , ensure it is acknowledged.
      2. Wait for 7 days , send another letter requesting for update
      3. Lastly request a joint inspection with the management technician , building manager and your plumber.
      4. If they failed to reply or acknowledged the issue , kindly file the case at tribunal under act 757

  18. 29 D

    Vanda

    Kindly check Schedule 61(1) page 166
    i attached the strata Management ( maintenance and management ) regulations 2015 for you

    https://www.dropbox.com/s/yifetjmb3yrv4v1/pua_20150601_P.U.%20%28A%29%20107-Peraturan%20Penyenggaraan%20Pengurusan%20Strata%202015.pdf?dl=0

  19. 30 Carol Lee

    Thank you Don and Vanda for your guide. Its was very good to know there are people like both of you that are looking out for others. I was advised by lawyer to lodge a formal complaint to COB. COB technical department will takes 2 weeks to investigate and will let me know then. I was advised I could take it to small claim court to demand for the management to repay me the money I paid for the plumber. Thank you again for all your advices and support.

  20. 31 Gavin

    Hi,

    Good day to you.
    I’m owner of a condominium who rent the unit out to a tenant. Unfortunately a clone access card of my tenant’s access card was spotted from others tenant from others unit. The management insist to impose a rm500 fines on me although I’m not doing that and a police report was lodged. Could you please advise what others actions can be taken?

    Thanks.

    Regards,
    Gavin

  21. 32 Mohamad Nizam

    No other way, the mgt should investigate further on who clone the card. Maximum fine is in the house rules for the replacement of card.

    You should reveal the mgt company for reference.

  22. 33 S.Thanaletchumi

    I am one of the buyer of a housing project based in Bukit Indah Johor Bahru. I would like to know the procedures of lodging a report against the developer as what I had been promised were not met. There are several of us who had been “cheated” by the developer. The brochure and the end product does match at all.
    We had approached the social media and was informed that we can’t do anything as they are being covered by the clause” Artist impression”.
    Kindly advise

  23. 34 Mohamad Nizam

    Yes, artist impression, but how about the list of facilities in the brochure and your S&P? Have filed an official complaint to the developers? All this can be used as a point of argument.

  24. 35 Lam cheong

    I want to know, can jmb limit the car parking bay as my s&p stated is public parking with no limit of car park.

  25. 36 Lee Chooi Ping

    Hi,

    Since JMB/MC are formed under this the current Strata Management Act 2013 and the sole responsibility of the COB, do they have to pay income taxes when the collection exceeds expenses for the year?

    Regards,

    Chooi Ping

  26. 37 Mohamad Nizam

    JMB & MC are tax exempted. You don’t need to pay tax even you having a surplus.

  27. 38 Mr Lin

    My condo comes with centralised gas facility, swimming pool, gym, sauna etc. For many years, we the minority uses the gas and like other facilities, maintained by the management. Recently, the management wanted to held EGM to obtain vote to remove the gas tank. Can they do that or do they need our consensus too? If voted, we will lose our gas facility which is unfair since we bought the condo and renovated our kitchen cabinet to facilitate the user of the centralised gas.

  28. 39 Mohamad Nizam

    The JMC has a right to certain extent only, they only can propose but any one of the purchaser/owner vote not to remove the facility, then the facility shall remain. If they still remove it, you can always file a summon to the JMC and claim the damages.

    • Hi Nizam, the management receive a letter from COB stated clearly that it only takes the majority voters that attend the AGM / EGM if to remove the gas facilities. Since it’s voted out, is it still possible to file a summon and claim the damages?

      • 41 Mohamad Nizam

        In this case, the claim damages shall be discussed and decided in the same AGM. It is not like other facilities ie: badminton court, swimming pool which not relate directly to your unit but the gas issue, it has direct impact to your unit and it is your unit’s facility which no one has the right remove it cause it is part of the building. You are paying service charge to maintain the system, JMC should maintain it, unless it pose danger.

  29. 42 Jay

    Hi, i am an owner and staying in service apt in bukit indah johor.Currently we are facing a problem for furniture disposal.The mgt insist that we must clear it by our self?There is more than 1000 unit lots,how are we suppose to do it?
    Previously they ask the cleaners to place it at the basement(rubbish room).
    Now the JMB have not cleared the mounting waste.When i personally approach them,their reasoning is there is no place to dump it. .Furthermore,it’s difficult to find a contractor to clear it.When we purchase a new furniture the seller also reluctant to take the old items.As it been raining,all the mattress/sofa’s become wet and a place for mosquito breeding.It is a mess indeed.Now,where to lodge a complaint and what is the best option to overcome this?

    • 43 Mohamad Nizam

      There are lots of contractors doing the disposal business. It cost about RM250 per trip. Who did you approach? the JMB or the management? File in an official complain to the management and get a copy with acknowledge received. If the problem continues, then discuss this matter in the coming AGM. Is your service charge include this service? Refer to the annual budget.

  30. 44 ahmad

    Hi,

    is the calculation of maintenance fee is fixed and gazetted by the law? I.e. using the sqft.?

    For example in our area as a landed strata have mixed unit from Town house to semiD. We paid the fee based on sqft which make semiD owner with bigger land will have to pay more.

    However the services did not cover in the compound and only the common area which everybody use.

    Why the semiD owner have to pay more for the same service and everybody use the same?

    Thank you.

  31. 45 CHEN LOY

    Hello,

    I wish to get some advise or comments whether residents have to pay separately for using building common facilities when we are already paying monthly maintenance and sinking charges?

    I own and stay in a service condo in Cheras that has multiple facilities installed/provided by the Developer. The Management Corporation has been formed and the management of the condo is contracted to a Property Management company.

    The common facilities in this condo consists of swimming pool, sauna, squash, reading, computer and snooker room, table tennis, game rooms (indoor golf and table game), multi-purpose hall, karaoke rooms, mini theatre, aerobic room and gym.

    The usage of the hall, karaoke , snooker and pool-side are subject to hourly rental when residents want to use them. Recently, the management want to start imposing hourly rental for the use of game room (table game) as well and increase the hourly rental for the snooker room.

    This news is upsetting because furniture and fittings in the game room is not well maintained and does not justify collection of rental. Complaints about conditions were not rectified but instead rental is being imposed!!

    Therefore, I wish to gather some advices before I bring up the subject with the management.

    Thanks in advance to those who share comments.
    CHEN L.

    • 46 Mohamad Nizam

      This matter shall be discussed within all the owners in the coming AGM. Either no charge or reduce the service charge. The refundable deposit shall remain. The act doesn’t clearly specify this issue.

  32. 47 Yap Sin Yin

    I want to know that is it possible to make a complain about my neighbour(which is a tenant in the house) that doing their work without license in the apartment?They are doing the job whole day along in their house(right upside my house)with hammer and loud sound is heard everyday even it is in 11pm,12am.1am,3am,4am,5am I think they are bothering us(my family and I cause its right upside my room)very much such that we can’t even sleep and rest.The owner didn’t know it and is blaming to the agent that find the rental,the owner thought there’s just 2 bankers living in it,but actually there’s a bunch of indian living in it(heard from other people that see them before)We wanted to talk to the neighbour and stay friendly but they didn’t come out from their house( they are in the house).Please reply soon,thank you 🙂

    • 48 Mohamad Nizam

      Yes, you may complain to the management and the management must take all necessary action. House rules should be clear about this.

  33. 49 Peggy gan

    Dear sir, I am the owner of a condo unit in Old Klang Road. Recently, one of the units in my floor has rented out to a company as their worker’s hostel. There are altogether 15 workers staying in a 1200 sf, three rooms unit. It is considered as a luxury condo as we are paying Rm290 per month and market value for 1000sf unit here is above RM700k.

    Does JMB have the rights to intervene? What can I do if there is no action taken by JMB? I have lodged my complaint to JMB, but obviously they are aware that such unit is occupied by 15 workers for quite some time.

    Thanks

    Peggy

  34. 50 Mohamad Nizam

    Hi, you may refer to the Local Government Act, 1976 – Act 171 item 78 & 79, which you can find from the internet. Further to that, you can also lodge a report to the Commissioner of Building and Housing Board by highlighting this act and your concern.

  35. 51 Ms Chan

    hi, Yr 2014 i bought a house. Yr 2016 my management deduct my money for maintenance fee of Yr 2012. Already told management, i’m the new owner. The officer request me show the official receipt to prove it but the existing owner cant find the official receipt due to long time ago. The management only follow the unit no no the owner name. It is no fair & reasonable to me. I want to know where can i complaint & get back my money. Thanks

  36. 52 Jennifer Tan

    JMB receipt without serial number and written in unit no not owner is it legal?

  37. 53 Thansekaran

    Hi Nizam, Just want to know that if the Maint. & Sinking fund charges were based on sq.ft does it include the car parking attached to my unit or just based on sq.ft of my unit?

  38. 54 Mohamad Nizam

    Hi Thansekaran, so far I have never encountered the service charges were calculated base on sqft of the internal unit includes the carpark(s) space. The share units are includes the carparks, unit’s ledges and other area solely assigned to the individual units.

  39. 55 Thanasekaran

    Tq for the prompt clarification.

  40. 56 Jeshyy

    Hi,

    May i know which act stated the limitation of LPG gas cylinder storage in a residential unit?

  41. 57 Mohamad Nizam

    You may refer it to Suruhanjaya Tenaga.

  42. 58 Thana

    Hi Nizam, further to my query on Sept 9th, when my condo shifted to share units in Nov 2013, the accessory car park parcels were included into one of the units and the share units established. My questions :-
    a) Once shifted to share units, is MC right to charge based on new share units allocated to the residential unit (with accessory car parks) and from the date the Maint. Fund charges was based on share units (i.e. from Nov 2013). Yes?
    b) Any merit for owner to get a special rate for the share units (previously accessory parcel)?

    • 59 Mohamad Nizam

      Hi, Thana. The answer for question (a) is ‘Yes’ and (b) is no. It shall follow as stipulated by the law.

  43. 60 Raymond

    The maintenance came to my unit upon receiving complaint about water leaking from unit below. Upon checking, they couldn’t find anything. However, they suspect that internal pipe burst or water proofing no longer works at the toilet area and wanted us to fix it. We even stop using the toilet for 5 days (without turning off the tap) and found that the water meter is not running. My guess is that the water drainage could be the problem. My questions:-
    1. How should we proceed to determine the cause of the leak?
    2. Who should bear the cost of repair for:-
    a. Water proofing in my unit
    b. Water proofing at the balcony
    c. Internal pipe burst
    d. Drainage pipe located at the unit below

    Thank you very much.

    • 61 Mohamad Nizam

      Yes, they have the rights, its all depends on what you have not complied. But they don’t have the rights to deny entry into your unit.

    • 62 Mohamad Nizam

      Sorry wrong reply. Any leaks caused from your unit will be your responsibility including your drainage pipes which located above the below unit’s ceiling.

  44. 63 Mr. Wong

    My management office requested to pay the management fees 3 months in advance every quarter. Is it they allow to impose an interest of 8% Pa in my new statement due to last statement is not yet pay? Eg. I received my bills on 1st of April, i was requested to pay management fees for April to June. Then on 1st July i still not pay the the fees for month April to June, On same date 1st July, they imposed interest for the April to June. Are they allow charge the interest in this case? If yes, we pay the fees 3 months in advance, is it mean management should pay us interest? It sound not make sense to me.

    Also, Is the interest imposed is consider profit and subject to pay taxes? Is it i can take any legal action against the management?

    • 64 Mohamad Nizam

      You have all the rights to pay sc&sf on monthly basis even the invoice is on quarterly basis. The quarterly invoice must have different due dates in which shall on the 14th of each month. You may take a legal action but don’t waste your money, just make a complain at Commisioner of Building. No body has the rights to request to make payment in advance.

  45. Hi, my management block the access card access to the unit. Do they have the right to do it?

    • 66 Mohamad Nizam

      Yes, they have the rights, its all depends on what you have not complied. But they don’t have the rights to deny entry into your unit.

  46. 67 Thana

    Tq Encik Nizam for the clarification. Thana

  47. 68 Tan Lucinda

    My apartment has 10 levels, and is about 40 units. it has 2 units of lift at the size of 4′ x 4′. This is not Malaysia Standard size and where should i lodge the complaint and how come they can get partial ccc?

  48. 69 Mohamad Nizam

    Jabatan Bangunan & Perancangan Bandar and Lembaga Arkitek Malaysia for clarification.

  49. 70 Primita

    Hi, my JMC just sent out a letter stating that visitors who park overnight will be charged RM10 pernight. We were not aware at all that this will be imposed. Can they do that?

  50. 71 Mohamad Nizam

    If the matter has been approved in the AGM or stated in the house rules, yes the JMC can do and if not, they can’t.

  51. 72 Thana

    Hi M. Nizam, just want to know whether MC/JMB need to answer every query related to Contract services or Expenditure…in between AGMs? Thot MC/JMB are bestowed with the responsibility to make those decisions.

  52. 73 Mohamad Nizam

    Hi Thana, Yes, the MC/JMB is answerable on every aspect on the building operation. They were elected as a MC/JMB member and they should know their responsibility. If they don’t know, they are still answerable. Sometimes they are misled by the managing agents. Collective decisions must be made to decide on every issue. It applies to appointment of contractors and approving the service agreement and approving the annual budget/expenditure which was submitted by the managing agents. AGM is a right place to question them but the questions must be sent to them earlier so that they can go through the issue and answer you accordingly. Refer to the previous minutes and the budget for you to have the right question for them.

  53. 74 Thana

    Tq for the prompt reply.We are onside as for ‘answerable’. What is problematic from a JMB/MC perspective is questions being asked outside AGM like, can I see the breakdown of charges paid to Cleaners, etc.. Do not think we owe to such a level of detail for proper functioning of the Committee.

  54. 75 Mohamad Nizam

    The owners have the rights to know on what and how the SC is being utilized. It’s JMB/MC duty to explain and the explanation is quite simple. Unless the owner refuse to understand. Minutes of the JMC meeting must be pasted in the notice boards including the monthly account for the owners to read and to know what’s going on. It’s required by the new act.

    All the above shall be done by the managing agent, a professional suppose to be in advising the JMC what’s right and wrong. They also should handle such enquiry. All have to be transparent. Did I answer to your question?

  55. 76 Thana

    Tq MH. Well clarified.

    • 77 vickikoowk

      Hi, would like to check for condominium, if the residents find that the security guard in the condominium not competent or didn’t do their job properly, where should we complaint to? Already complaint to the building management but there is still no improvement at all. Any authority that can complaint to?

      • 78 Mohamad Nizam

        Have you made a complaint to the committee members? That will make a difference. If no, please do so including complaining about the management. Make it an official one because you will need that to make a complain to COB if those failed.

      • 79 vickikoowk

        May i know which committee member you are referring to? We only have building management the so called Strata Management, but we don’t know about any committees form. All the residents here are facing same issues, we have even conducted a meeting with the building management to highlight the issues arise.

  56. 80 Tan Lucinda

    Commissioner of Building, COB

  57. 81 Mohamad Nizam

    Is JMB or MC formed? Or is the management hired by the developer? If the management hired by the developer, then you need to refer it to COB. You are paying the Service Charge, do you aware for what are paying?

  58. 82 Ms Chan

    i ask my management provide deed of mutual covenant. They ask me go to developer ask. My question is :

    1) if management don’t have DMC, which rules they follow?

    2) during S&P transaction, lawyer ask management the outstanding management fee, they provide statement of account only. Just wonder the strata management act 2013, ‘certificate certifying’, any difference with statement of account? Lawyer should request which document for settlement?

    Thanks

  59. 83 Mohamad Nizam

    1) The management will not having any DMC as it was signed between the Developer and Purchaser. You shall obtain it either from the developer or the previous purchaser. The house rules was first set by the developer and will continue to change if adopted in the AGM.

    2) The lawyer shall take initiative to ensure all the outstanding is settled not only the management fees, such as interest charges, quit rent, insurance, water bills and etc. The statement of account shows entire transaction including itemized and total outstanding. It’s is also another version of certified document. The total outstanding must be zero for the successful sub-sale transaction.

    • 84 Ms Chan

      Thanks for your reply.

      Just wonder know how to get certificate certifying?

      Thanks

  60. 85 Mohamad Nizam

    What is the certificate certifying, may I ask? In usual practice, your unit’s account need to be fully settled in order for the management to release the certified true copy of the master quit rent receipt. The said receipt a basic requirement for the submission at the Land Office to complete the sub-sale. Letter of Clearance usually issued by the Developer.

    • 86 Ms Chan

      The “Certificate Certifying” is referring to Building and Common Property (Maintenance and Management) Act 2007- Section 13. Right of purchaser or Strata Management Act 2013 Section 73. Right of proprietor or prospective proprietor).

      My management office ask me to provide it. Also i ask them what is “Certificate Certifying”, they said is it not statement of account/invoice, that why i’m very confuse. Therefore, I just wonder how to get it.

      Thanks

  61. 自動車検査証の有効期間が満了したあとも、引き続きその自動車に乗るには継続検査というのを受ける必要があります。この継続検査が、いわゆる車検と呼ばれるものです。新車を買ってからは3年間で、そのあとは2年ごとに車検をします。クルマに乗る以上「車検」は必須です。車検が切れている状態で自動車を運転すると、無車検車運行をしたということで道路運送車両法違反を犯したことになります。さらに自動車損害賠償保障法違反も犯していることになるので、違反点数12点、免停90日以上、罰金は最大80万円にもなります。このように車検が切れているときにでお巡りさんに捕まると厳しい罰則がまっていますから、満了日を把握して早めに予約した方が安全です。家や職場の近くにある整備工場の探し方、安く車検を受けられる方法もあります。

  62. 88 Raymond Lim

    Hi. My carpark is located at the highest floor with owner’s unit above. Ever since, we discovered that water leaking and spotted from the ceiling, the Mgt undertake pressure grouting to stop the leakage. Occasionally, we will still find leakages and chemical droppings from the grouting onto our cars. And now, the mgt claims that the leakages came from the unit above and held no responsibility as the carpark is not a common area and we would need to deal with the owner directly. Please advice the next course of action. Thank you.

  63. 89 Mohamad Nizam

    It’s the Management’s duty to coordinate with both parties. SMMMR 2015 act has clearly stated the duty of the Management and the guidelines to solve inter-floor leakage problem. Please refer to Strata Management (Management & Maintenance) Regulations 2015, Part XV from item 55 onward. If the Management failed to carry out their duty, bring the proof of complain to the COB to request for their assistance. The act has empowered the management (JMC and MC) to rectify the problem.

  64. 91 siva

    I m owner of garden park condominium,i stay there a around 10years .i just not paid my matnens fee for 9months.so can management lock my water supply?

  65. 92 Chew

    Can a defaulter attend agm (appointed as proxy)?

    • 93 Mohamad Nizam

      Yes, the defaulter can attend an AGM if he is appointed as proxy for non-defaulter. Other than that, he can’t.

      • 94 corrine Tan

        Can jmb change to corporation a licence management by board of valuers to takeover jmb the present one?

  66. 95 Mohamad Nizam

    Your question is confusing.

  67. 96 Mohamad Nizam

    Share units was introduced not by the trend, it was by the law. Service Charges by the share units are being calculated based on total space occupied for a unit and to be fair to other unit owners. Those having more carpark will pay more and those having less carpark paying less even the actual size of the unit is the same. Are you willing to pay a portion of the sevice charge for the one whose own more space?

  68. 97 Thana

    Accessory parcels like car parks have allocated share units. Everyone’s share units has the same value. whether it is unit space or car park space. By this way, their is fairness in the allocation of charges. Some incidents where owners of car parks want to pay less for the car park share units. No way! Encik Nizam, agree? disagree?

  69. 98 Mohamad Nizam

    Yes I agree with you, Mr Thana. Those unit with more carparks having higher property value and profiting once the unit sold but they are making noise to pay the service charge according to its value.

  70. Hi, I have recently purchased the 2nd-hand sub-sale condo in KL. However, I found that there’s noise being transmitted to my unit from the unit above and the unit beside it every time they walk and noticed in very high decibel level in my unit. We have confirmed inspection with the MO that even the normal activity (normal walking) above has caused the noise into my unit in certain degree which has exceeded the allowable limit for residential area. I have complained to both the MO/JMB and developer as well. However none of them is responsive.

    a) JMB said this is defect and is individual unit beyond JMB authority and JMB is only taken care of common area and they asked myself to deal with Developer. However, the developer said I need to go through JMB. Can you please advise on this ?

    b) My unit is sub-sale and am I still entitled to the Defect Liability Period to file such claim ? It’s still within DLP.

    c) Should this be classified as Defect ?

    d) Which body else I can complain to ?

    Thanks.

  71. 100 Mohamad Nizam

    Your case is difficult and I have not encounter such problem.

    a) You may take up a point in which the unit was delivered by the developer not JMB. JMB is liable only for the common interest.

    b) You have an advantage that your unit is still under DLP period. Yes, you still can claim as the DLP is for the unit, not for the owner.

    c) This can be classified as defect even it is actually the design problem.

    d) Write an official letter to the developer and it is very important to cc: to COB, Jabatan Bangunan, the housing ministry and JMB.

    Have you complained direct to the JMB without going through the MO? Sometimes can’t rely on MO.

    JMB can step in if they want to which they should. They should do a general survey on all the units there, whether they have the same problem. If there are, JMB shall pursue the matter on behalf of the service charge contributers (owner). JMB should represent the owners. They shall send a legal notice which would be very much better as it will stand by law. If they don’t do, you do the survey and pass the issue to JMB. JMB must take action.

    Whatever it is, do the item (d) first by send the letter by hand to get their acknowledgement receipt with company stamp from all the office mentioned. This is to establish that the problem exist during the DLP. Then refer to COB for advise on legal point of view.

    There are few millions RM of development deposit held by the housing ministry and will be released to the developer if all the defect resolved or no complain received from the JMB or owners. Establish the complain first then do the rest step by step.

    • Thanks for the advise En Nizam

      Yes, I have complained and consulted with JMB and they advised me the same. I understand that there are similar case with other units but my unit is the worse. Unfortunately based on the way JMB handling things, I don’t think they will carry out the survey and issue a legal notice.

      Based on the informal complaint to the developer via email, they insisted not a defect although there’s official letter issued by the MO represented JMB, and keep saying that this need to be handled by JMB without any source of investigation report and findings, Perhaps I will proceed with your advise to Item (d).

  72. 102 Jesh

    Is there any guidelines/requirement for the managing agent to be appointed?

    • 103 Mohamad Nizam

      There is no specific guidelines, but they must registered with Board of Valuers and posses Property Management License. Beside that you need to assess their strength both in technical and accounts.

      • 104 Chew

        what if they are not registered? What will happen?

      • 105 Mohamad Nizam

        Without their license or not registered with BOV, how can you ensure their qualifications, professionalism, liability, credibility and integrity? It will be fine until something happen. Remember, JMC or MC are acting for owners’ and residents’ interest commonly. They will deal with money collection. Do you have an answer for ‘what if they mess-up?’. The managing shall at least lodge with Commissioner of Building with approved on certain amount. Refer to Act 757 Part VI.

  73. 106 Andrew Tan

    Hi, here some few question.
    1) can building manager set up their own company to implement into the building?
    2) do we owner don’t have the right to know their yearly budget ? Means we wan transparency.
    3) what’s the level of cleanliness 0-10 must be practice with the payment of RM250+/- monthly? It seem like I’m living beside dumpster truck or construction yard. What action can any company have a spot check on the work of our management work?
    4) is there any law that implement on this excersice? Clean,green and healthy.
    5) fogging. How is the practice ? Once a month ? Quarterly? Yearly? It’s a must ?
    6) what action can be taken if JMC stay for more than 4times in the office? Cuz we don’t have any announcement in the board only in fb?
    Thanks
    It concern every owner who stay in condo come with this unhygienic place. Or mayb (just a guess) corrupted management.

  74. 107 Winnie Low

    Dear Nizam,
    Seek for your advice.
    I have an unit of condominium at setapak area. Recently, I am looking for tenant to rent out my house. (I am not staying there). Therefore, I put a banner on my balcony, so that, people can contact me if they are interested. However, I received warning from the maintenance office and asked me to take down the banner because it will affect the condominium image if every unit is doing so. Subsequently, the maintenance office has deactivated my access cards, as we haven’t take down the banner.
    1) Can’t we put banner on my house’s balcony?
    2) Is the maintenance office has the right to deactivate my access cards?
    Note: The maintenance office did not provide us with the rules and regulations for cannot putting up banner on my condominium’s balcony.

    • 108 Mohamad Nizam

      Answering to your question,
      1) You are not allowed to place any sort of advertisement which can be from out side without the management’s permission and it is the duty of the management to preserve the uniformity of the faced and the view of the building. If the management or the house rules says you can’t do it, it really means you can’t.
      2) Yes, the management has the right to deactivate your access card but they have no right to stop you from entering the premises and to your unit, which means they make difficult for you to enter by registering every time you enter. All this must be done in proper by serving a notice giving sufficient time for the owner to act.
      3) It is duty of the management to provide the house rules or handbook to all owners. You can demand it from the management or complain to COB. They should at least able to give in PDF format. If they don’t, it means you condominium have a lousy Building Manager or JMC/MC.

  75. 109 Shanthi

    Hi…im a building manager at jb. Would like to know display of minutes of meeting on notice board. We only display after the minutes is adopted at future meeting or immediately after the meeting? Thank u

    • 110 Mohamad Nizam

      Any minutes of meeting must be signed true and correct by the JMB/MC Secretary or Chairman before it being displayed on the notice board. You can’t display it without verification or confirmation.

  76. 111 Mrs. Ng

    Hi Nizam,

    My flat is in Bukit Angkasa Kuala Lumpur on the top floor of a shorter 15 Storey Block C which is in the centre of 2 other connecting 20-Storeys blocks A and B. As such, my unit as well as other units on the same floor shares a single roof ceiling which covers the entire top floor of Block C .

    My unit was infested by termites which spread from the common corridor area roof ceiling then coming into my unit via the bathroom window.

    Most of my unit’s wooden doors and window frames had to be replaced despite treatment. The Ceiling Boards were also damaged. Our main worry is the safety and stability of the Roof Timber Thrusts of the ceiling over my unit.

    I had taken pictures of the termite trail and reported by email and letter asking them :

    – to Engage termite eradication services for the Block C Ceiling since the pictures clearly showed the termite coming into my unit from the outside Common Corridor;

    – to look into the repair and checking of the Ceiling integrity over my unit as well as the whole of Block C Roof ; reason being I worry about the whole roof collapsing on all the 15th Floor units.

    I understand from some other unit owners that the previous Management under the Developer actually did that as they deemed ceiling as part of the Common Area.
    And that all repairs and eradication was done by the Management then at the expense of the Management (from maintenance funds) because some roof tiles actually fell down 15 floors onto ground through the central open airwell area.

    HOWEVER, the current JMC through their staff verbally said that since it is my ceiling, it has nothing to do with them. Even if I pay to fix back the ceiling boards of my own unit at my own expense, the main Roof integrity responsibility does not
    [The Deed of Covenant (unit acquired sometime back in 1997) did not state Roof as part of Common Area.]

    My questions:

    1. Is the Roof over my unit as well as other units of 15th Floor Block C considered as Common Area under the Building & Common Property (Maintenance & Management) Act 2007 (“the Act”) ?

    I refer to the Extract below:
    Common property in the Act is now extended to include all structural elements of the building, stairs, stairways, fire escapes, entrances and exits, corridors, lobbies, exterior of all common parts of the building, playing fields and recreational areas, walls and fences.

    2. If the Roof is considered Common Area, then is the JMC legally responsible :

    2a. To have checked and engage termite control/ eradication for the Common Area corridor and do necessary to ensure the Block C Roof integrity right?

    2b. To check, repair and ensure that the roof is secured under the JMC funds collected from us via Maintenance Charges right?

    3. If your advice is yes to 2a and 2b, then I will write to the JMC to insist on them doing what is right. Please tell me who else that I can copy my letter to ensure that the JMC is not trying to avoid doing so?

    Thank you, Puan Ng.

    • 112 Mohamad Nizam

      Mrs. Ng, This is a very rare case and a serious issue. The ceiling of your unit is your’s and the roof with it’s structure is belongs to the Management/JMC as it is part of the facade. All your points above are right and correct.

      All general pest (ants, cockroaches and etc) in your unit shall be treated by you but in this case, termites comes from the common area as its nest usually in the ground. The management must seek advise and engage termite eliminator to treat this infestation. You only be responsible to do this treatment if it’s proven that the nest is in your unit. This extremely rare as the ratio would be 1 : 10,000 cases depends type of termite.

      What should you do:
      To officially write and explain the problem to Management and Cc: to JMC, COB, Jabatan Bangunan, Jabatan Perumahan and Jabatan Kesihatan. The reason for the letter to be Cc: to those department because it’s life threatening as we don’t know the integrity of the roof structure (if it’s a wooden structure).

      Mention in the letter that you expecting the management’s reply within 14 days from the date of your letter been served. It will be very good if the letters sent by hand and get their proof of receive.

      The management/JMC/MC should not hesitate to attend to this complain, we consider termite infestation as an serious issue even it doesn’t pose any life threatening. The management also must seek structural engineer advise to confirm the integrity of the roof structure but you need to strengthen you complain with photos for the management/JMC to consider.

      If you didn’t receive any reply from the Management, the you need to lodge a police report just to register your case, no action will be taken by the police. Write in officially to COB and send your complain by hand. Your complain should be on the termites problem and the management failed to respond to your complain. Prepare yourself documents and photos if there is any inquiry or investigation by COB.

      Keep in touch with COB is the best if the management or the JMC avoiding you. Liaise personally with JMC member to avoid any miscommunication.

      This problem is very serious but very easy to resolve. The total duration to solve this problem 1 to 2 months, maximum would be 3 months depend on how tedious the management’s procedure is. Its all depends on the Building Manager on how he act. His action will determine whether is good or you are wasting your money to hire him.

      Good luck.

      The above advise is all based on my experience as I have personally solved 2 termites elimination cases.

  77. 113 Mrs. Ng

    Hi Mohamad Nizam,

    Thank you very much for your advice. I will follow it as soon as possible.
    Regards, Mrs. Ng.

  78. 114 Rosniyati Saini

    Hi Sir, I bought 1 unit Condo in Batu Caves on 2015. It’s not occupied
    Until to date. My question is do I need to pay the maintenance fee as
    It is an empty unit?

    • 115 Mohamad Nizam

      Hi, Yes. Under the act and Deed of Mutual Covenant, you are obliged to pay the maintenance fee even the unit(s) is not occupied/used. Please remember that it is a compulsory contribution in which the money is used to maintain the building common property as per the budget. The JMB is a non-profit organization which highly depending on the owners’ contribution to run their daily building operation.

  79. Dear Nizam,

    Seek your advice. In December 2016,we have renovated our Condo’s kitchen with installed a ventilator. Letter received from the Management office that Ventilator was not accepted. With this, the Manager from the Management office and our contractor have few discussion and we did some adjustment with the manager consent. We thought matter has resolved and over. During the discussion, the Management manager also mentioned there were 8 units like us who also installed the ventilator. They acknowledged it.

    The problem arise is we have a fussy and nasty (retired couple) neighbor complaint on our tenant that with the ventilator, our kitchen air is blow towards their kitchen. We are not restaurant. Our tenant have family of 4 (2 very young children) and they only perform little cooking. The distance from our unit to their unit is quite far (about 30 feet), our ventilator is only the normal size, how could the air blow to their kitchen?

    In June 2017, our tenant went back to KL for celebrate Hari Raya for a month. Thus, no one stayed in the apartment. During that month, the management sent another letter (by slip under the door) and they sealed off our ventilator hole without our knowing as no one at home. When our tenant back from holiday then notice the ventilator hole was sealed.

    We are very angry as we did not received the letter and they sealed off without our knowledge. For the ventilator, we did the adjustment with their manager agreed and consent. We have question the management, why we did not received any notice, they replied, they slip the letter under our door. We argued the installation of the ventilator was approved and agreed by their manager in December 2016. They said there was no written approval on it (the manager resigned in May 2017). Is it in law, verbal agreement also a binding contract? The worse thing is we are the only one that the ventilator was sealed whereas the other was not.

    Can you advice :-
    1) Can we sue the management office for seal off the ventilator hole without our knowledge?
    2) Can we sue the management office for discrimination because only our ventilator got seal off whereas the other 7 units was not?
    3) Shall we make a police report on it? Our tenant got frighten and move out because they don’t know what will be next the management do if they are not around.
    4) Is there a law that acknowledgement from the tenant must be obtained before the management action?

    Your advice is highly appreciated.
    Thank you.

    Regards
    Heidi

    • 118 Mohamad Nizam

      Dear Mr. Heidi,

      Please be informed that all part or item located external of your unit is belongs to the management and the external wall is called building facade. Any changes to be made to the facade by the unit owner/tenant, must obtain a written approval from the management. Failing which, this kind problem will surface. By right you can’t install anything protruding the external wall or anything visible which is not uniform with other units.

      Answering to your question below :-
      1) Can we sue the management office for seal off the ventilator hole without our knowledge?
      No, you cant. you will lose. Notice was sent to your unit but it was not read on time. All notices will be given a time frame and your response shall be within the given time. It is arguable and no ends to it.

      2) Can we sue the management office for discrimination because only our ventilator got seal off whereas the other 7 units was not?
      Yes, you may. But you need to discuss the points with your lawyer. Usually the case will lose. The management hold absolute right on every action they made on the common area and must be within the law. If you file a legal suit, you might sued by the management because you have damaged their common area (facade wall).

      3) Shall we make a police report on it? Our tenant got frighten and move out because they don’t know what will be next the management do if they are not around.
      No point.

      4) Is there a law that acknowledgement from the tenant must be obtained before the management action?
      No but the other way round, yes. All owners must know their rights over their units and the usage of the common property.

      An example:
      Can the management do a hole in your unit for their use? For sure the answer is ‘No’, the same goes to them.

      In normal practice, management will not bother on such installation as long the hole or exhaust vent is in inner part of the building. Your current problem is your neighbour complaining leading the management to interfere.

      In this case, nothing is in favour for you. My advise is to relocate the exhaust vent far from the couple unit.

      Thank you.

      • Some other units installed grill or iron bar to their door and window. And some installed CCTV camera outside the door. Can this mean they installed in the common area? Can they do so?
        Your advice please.

        Regards
        Heidi

      • 120 Mohamad Nizam

        Dear Heidi,

        Yes, they are allowed to install the grills as per the house rules. The house rules should have the details. The CCTVs are usually installed outside the unit shooting the unit’s door, that’s for safety measures. Its up to JMB/MC to decide whether to allow or not and shall be considered based on it’s importance/necessity.

  80. 121 Mr.Lai

    Dear Nizam ,
    I own a landed property. I have decided to install an awning of aluminium composite outside my dry kitchen yard and aircond porch which both area does not cover the public areas. Though the house rules were written we should build glass awning which is really hot and dangerous ( Could break ) , as recent times and technology have evolve more people have switched to aluminium composite which is new , cheaper , safer , greener , sound absorbent , lighter , better insulation to heat and reduce light ( Serve the purpose as an awning ).

    What if the JMB refuse to let us install ? Do they have the rights as it is not a public area ? what can we do to appeal rather to comply blindly with old house rules which technology have evolve ?

    Please advice.. Thanks

    • 122 Mohamad Nizam

      Dear Mr. Lai,

      For whatever reason, you are obliged to adhere and follow the house rules. House rules applies to everybody in your community. No matter how strong the reason can be.

      It’s look like you have very good reason. You can take an effort to change the house rules by passing a resolution in the AGM. If can, call for an EGM to discuss this issue if it’s urgent. If the majority of the attendees in favour to your proposal, the JMB is bound to adopt the resolution and change the house rules with immediate effect. AGM or EGM has the power to change, adopt and refuse/cancel of what deem fit to your community.

      Until then, JMB has full authority to stop you. Thank you.

  81. 123 val

    hi Nizam,
    Who should be the responsible person to remove the unwanted plant growing outside of the wall of the apartment? house owner or the management should bear the cost?
    thank you.

    • 124 Mohamad Nizam

      Hi,

      If you mention external wall that’s mean it’s common area. It’s the management’s responsibility to keep the external wall clean, leakage free. The Management must remove the plant as it wil damage the wall and the structure of the building.

  82. 125 Safuan

    Hi Nizam,

    can you explain about handing over/taking over in property management?

    • 126 Safuan

      can you also explain more detail in effect of handing over if you dont mind to share..

      • 127 Mohamad Nizam

        Dear Safuan,
        Handing and taking over in property management is too subjective. It is very much depends on the building and type of the building. There few types of the process / application. In which scenario are you referring too? From Developer to JMB/MC or JMB/MC from/to Managing Agent or Managing Agent to Managing Agent?


  1. 1 Rosia Newey

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