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


59 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?

  9. 17 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. 18 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. 21 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. 22 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.

    • 23 Mohamad Nizam

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

  15. 24 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. 25 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. 26 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

    • 27 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. 28 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. 29 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. 30 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. 31 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. 32 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. 33 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. 34 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. 35 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. 36 Mohamad Nizam

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

  27. 37 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. 38 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?

      • 40 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. 41 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?

    • 42 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. 43 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. 44 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.

    • 45 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. 46 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🙂

    • 47 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. 48 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. 49 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. 50 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. 51 Jennifer Tan

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

  37. 52 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. 53 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. 54 Thanasekaran

    Tq for the prompt clarification.

  40. 55 Jeshyy

    Hi,

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

  41. 56 Mohamad Nizam

    You may refer it to Suruhanjaya Tenaga.

  42. 57 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)?

  43. 58 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.

  44. 59 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?


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