JMB?
When the Building and Common Property Act 2007 comes into effect on 12th April 2007, it is stated clearly that the purpose of this Act is to form a Joint management Body (JMB) for providing a proper maintenance and management of building and common property of strata building after the delivery of vacant possession and before the formation of MC. Following are the information:
What is JMB?
JMB is a corporate body, having a common seal comprising of the developer and/or their Developer representative and together with the purchasers to undertaken the Joint Management of the building and common property.
What are the duties of JMB?
The duties of JMB are as below:
a) Maintain the common property and keep it in good serviceable repair;
b) Determine an impose charges for maintenance of common property;
c) Insure the building;
d) Comply with notices and orders by local authorities;
e) Prepare and maintain a register of all purchasers;
f) Ensure that the Building Maintenance fund is audited and provide financial statement to purchasers;
g) Enforce House Rules;
h) Consists of 5 to 12 elected purchasers and developer;
What are the duties of developer?
Duty of Developer is to convene the first meeting of Joint Management body within 12 months from the date of VP;
Agenda for the 1st Meeting of JMB
a) Election of Office Bearers of the Committee (under JMB)
b) Confirm taking over of insurance effected by developer
c) Determine amount of maintenance fund
d) Determine rate of interest for late payment charges
e) Any other matters on maintenance and management of the building and common property.
Flickr Photos
Joint Management Body 
dear sir / madam,
hi there, i would like to ask, weather we can sue the jmb. The case is like this : There is a pipe leaking from above unit. Actually i did inform the jmb since last year and yet they never take any action. The leaking become worst and worst everyday. I just want to find ways to solve this problem. please advice. Thank You.
Can a non member involved in the running of the day to day management of the condo?
In what sense a non-member?
Is it a paid manager?
If so, yes.
JMB stands for Joint Management Body. Who comprises of JMB? Actually JMB members are all legal purchasers or owners of a unit in the whole condominium. When someone sue JMB, in actual sense, its all legal purchasers or owners are being sue. JMC stands for Joint Management Body Committee. JMC are a small group of representatives selected from among the JMB members. JMB’s duty is on common facilities. The problem in and within a unit comes under the responsibility of each unit owner. So, don’t sue the JMB because of your own personal unit problem.
If JMB members do not care about solutions for common areas affecting your property, then, sue them.
The lift at lagoon persona block 6 is making everyone angry, please look into this, don’t just know how to collect maintenance every month and keep repairing the lift, buy new 1, ask us owner to pay like u ask us to pay for painting, even I don’t like the colour, you are forcing us from the 1 st time, force again 2 time if you do not have the fund to comply. Can sue now because this is not personal unit, lift belongs to the whole of block 6
No. You only can go for Letter of Demand to the above unit which is perfectly unrelated to this JMB lah fren!
They can still sue JMB if JMB fails their duty as stated in Act 663.
Before proceed to sue, make sure all Unit owners give full cooperation by paying their maintenance charges. Collections of maintenance charges are good more than 80%.
I believe why not to sue JMB if they fails their duty. Then what are they doing with the maintenance charges
I stay in a apartment & the apt is under my brother name. A bunch of indonesian tenants renting a unit above my unit keep throwing rubbish down to my apt backyard (ground unit have a small backyard). At first I just keep quiet about the rubbish but then those Indonesian tenants start to throw down cigarette butts, durian seeds, rambutan seeds, half eaten chocolates & worst still a plastic bag of PRAWN SHELLS AND GLASS BOTTLE !!
After I complaint to the MC, the very same evening I found graffiti (in Indonesia language) on my front door grilles. I complaint to our MC again & the building manager (one of the owner staying there) told me that the MC CANNOT DO ANYTHING ABOUT IT !!! Then the next morning my slipper was stolen.
I make a police report (due to security reasons) and gave the report to the MC and guess what ? The building manager told me since hv make police then DON’T LOOK FOR MC AGAIN !
I understand that the unit backyard is not a common property but sure the MC can do something about the bunch of indo tenants for throwing rubbish OUT from their rented unit to ground floor.
So can anyone tell me what is the use of paying maintenance fee every month if the MC do not bother about our security ?
Then the MC organise a function during CNY inviting JMB members and held at our apartment common area. No memo was given to the owners or residents staying there. Then later the MC told one of the tenants that it was a paid function and the council members have to fork out their own money for attending the function but when I check with another council member, I was told it was not TRUE and that they didn’t have to pay cent.
So is that mean the MC used the maintenance fund to organise the dinner function for JMB and our MC councils? And if the dinner function was for JMB, why the owners and the residents were not informed since our apartment is under JMB?
AS a tenant there is less thing you can do,only your brother as the owner has the power to settle this matter.i have faced a similar problem,you contact the owner of the house and inform him your problem.Take a picture of the rubbish accumulated and inform at the management office again.If they say it is under police jurisdiction,than go and do the second report and inform the police that the indons are harrasing you,bring your first report copy as well.Go and inform at the nearest COB about the
lacasidical attitude about the MC and the Jmb party,tarnish their image.Last thing you have to do is call press and publish in newspaper etc Sun or Metro.You will be heard!l
Dear jay
Thanks for the prompt reply.
I hv stop paying for the maintenance fee for 5 months (after the bldg manager & the MC told me that they cannot do anything). My mother and brother were “piss off” (SORRY for my language) wt the MC “don’t care” attitude so my mother do not want to pay the maint. fee now. She say why pay if the MC don’t care about the security & etc of the owners or residents.
The MC even use our maintenance funds to organize CNY dinner function & only invite the JMB and those councils & residents that ‘kow tow’ to the bldg manager. Are the MC allow to use the maint. funds for their own benefits?
What can we do?
Thank you.
Good idea to try out suing them. They just want to do the things which they like and ignore the things they do not like.
Dear sir,
I rented a shop to operate a cafe biz. When i signed up the tenancy agreement with my owner, i had strongly requested to use the carpark area (only for carpark that were fronting my cafe) at 7pm to 4am (which is after office hour). And my owner suggested to apply from the management, which i did and i obtained the written approval from the management. After a year, JMB was formed i received a notice that i was not allowed to use the carpark area and if continue to use it they will fined us rm100 per day. If that the case, what shall i do? I have all written approval and developer and my owner was aware about it. Can they overwrite the written approval that i had obtained? Where is our right as tenant or owner(which is not committee). Once the new JMB was formed, everything was charged and increasing of water bill by RM0.80 per reading and sinking fund RM0.50 per sq ft. Our bill was very high. Front and back Corridor also charged us. Does JMB had any right to simply imposed the charges on us before bring us for discussion or just simply increase the price?
Worried,
Chloe
Nope.. With new Strata Act 757, only owners can Sue other owners, as JMB / MC/ Management is not liable if the leaking is caused by an individual pipe..
However if that particular pipe is the main drainage pipe, then yes, the JMB / MC / Management is sue-able because that pipe is considered as common property, a pipe shared by multiple owners..
I am the owner of upper level and received the complaint from lower level regarding the water leaking. What if the leaking problem starts during the period of warranty and developer did fix the problem but the problem persisted and occurred on and off. Then management office didn’t really take any action whenever the lower level complained to them again but just asked the lower level to apply super glue to stop the leaking. Now, the warranty period is over and the management office asked me to repair it as the lower level still complaining of water leaking. So who should bear the cost of repair? upper level, lower lever, developer or JMB?
The lift at lagoon persona block 6 is making everyone angry, please look into this, don’t just know how to collect maintenance every month and keep repairing the lift, buy new 1, ask us owner to pay like u ask us to pay for painting, even I don’t like the colour, you are forcing us from the 1 st time, force again 2 time if you do not have the fund to comply.
My suggestion if the JMB have a Building Manager get him to inform the owner of the above unit. The pipe burst in the upper unit donot fall under the common property. If the owner have a House Owner policy he should be able to claim.
The other suggestion contact the upper unit owner directly.
Never contact the upper unit owner yourself. They will not like it unless they are your friends.
If JMB members do not care to contact them then they ought to resign and retire because they are unfit to be management people.
Watch out the partiality of JMB people. They help the people they respect more than the people they dislike. Test this out yourself and you will know what I mean. They have different standards.
1. Can Developer waive service charge, quit rent and utilities
2. Can JMB permit owners to pay lesser service charge and quit rent? Can issue credit notes to owners
I believe that the JMB has discretion to waive late interest for maintenance fees. Unlikely they can waive quit rent, utilities etc.
Once the collection starts, why would they want to waive? Owners should arm themselves against any increase.
However, let us know if any does and for what reasons?
Maybe apartment unoccupied for too long due to their own failures?
QUIT rent will not be waived.
As for utilities, if you use water, you pay.
Same with electricity. No use, no need to pay.
Hi…sir/madam,
I would like to ask should I pay the maintenance fees without a proper bill (no serial number and registration number). I only get a shop purchased official receipts with a stamp chop upon payment. Please advise me. Thank you.
No proper bill, no serial number, no registration number, PAY NOTHING.
If the management company refuse to do anything still, then repeat your letters to them.
Do not keep quiet and assume you need not pay, ok?
I have some issues with my management im staying on 15th floor highest floor in my apartment.
I have change of management 3 times in the past 5 years
my challenges with the committee.
1) I have complained several times that there is a leakage on my roof
2) My water pressure is too low ( which was not something i faced when i purchased the house)
So i have decided to not pay the maintenance until it has been rectified.
below is the email conversation with the office and the chairman.
Do advice if im not being fair thank you.ill leave the name out
Attn: Committee chairman
As spoken t Ms….., we would like to request for interest deduction for the outstanding maintenance payments.
We will settle the maintenance fee accordingly provided the management/committee issue a letter stating the confirm date to repair/change the roof-top as the roop-rooftop is getting worse day by day.
We, the residents of the top-floors, having nightmare during rainy days as the water leaking badly into our houses. Apart from that, the pressure of the water is low, making it difficult execute daily task. The allocation of the carpark also has not been resolved please do rectify it as we’re experiencing great inconvenience .
Your consideration is very much appreciated
****from the office staff*****
Dear Mr.Jon
Noted your request & complaints.
A) Regarding the repaired concern as bellows:-
a) Roof Top Water Leakages badly into the unit.
b) Water Supply Pressure Low to unit
c) Car park allocation not resolved.
Reply from Management as follows:-
1) Item A & B – Kindly refer to council members for you to obtain the answer pertaining this
matters due to myself representing management is not the person to make discussion for
repairing matters. Management or myself also follow instruction from Council Members
than only follows thru.
2) Car Park Allocation – Kindly comes forward to management to clarified this as we does not
know or received any complaint pertaining this matter. Management have indicated parking
lot number which your unit PSS1502 are A6. Your unit only designated only 1 parking lot
by the developer.
B) OUTSTANDING MATTERS
Pss1502 having outstanding total amount RM 5,717.69 inclusive during Raine & Horne.
Management have received instruction from Council members and to inform you that have to pay 50% from the total amount as belows:-
a) 50% – RM2,859.00 – April 2014
b) Balance RM 2,858.69 could pay by 3 times – RM953.00 (May/June & July 2014)
and also with the current monthly invoices.
If you not satisfied on the above suggestion you may make an appointment with the council members by the appointed date by the council members.(Subject to availability)
Thank you
*********Later in the evening the Chairman sends me this******
Hi,
Rest assured those money your paid to the management will be reserved to settle Rooftop Water Leakage issue and also the Low Pressure for the water at 15th floor, as soon as you clear off all your outstanding payment of RM 5,717.69 + Current months we will start the necessary works for the rooftop and water pressure. So the faster you clear it the faster we can start the works. Please let us know your decision latest by 18 April 2014. If there is still no agreement between you and the Management then we will force to take the necessary action to do the water cutting on your unit on the 21st April 2014.
Regards,
Hi Chong and Mr.Dzulkefly,
Thanks for your reply.
I would like to know several things before we move forward.
1) Thank you Mr. Dzulkefly on the break down payment suggested, In the previous email i have also stated regarding the deduction of interest and the amount paid but not stated on our statement which might have been overseen ,anyway i believe previously spoken to raine and horne they are able to help us with the deduction on the previous outstanding but we have to request balance of deduction from your end as advised by Raine and horne. So on the amount stated above RM 5,717.69, is that amount after the deduction of interest? if “YES” thank you very much Please print out a statement without the interest and we will proceed if “NO” then who can i speak to regarding this matter i would like personally come over to speak to him and get this sorted ASAP.
2) I’m Clear with Mr.Chong’s dates on the request of payment . What i am not clear is the date of the repair work and completion date of the repair. Assuming we get this sorted by the 18th of April will the leakage of the roof stop and water pressure rectified whereby all my current toilets and kitchen is able to function at the same time of usage with good water pressure by the 2nd of May 2014? if its not sufficient give me a fair time that the committee is able to rectify.
I hope this get clarified soon, my mum will be coming over to the please do explain to her today.
1) Deduction of interest
2) Amount of time needed to rectify
***** This was my last email*******
no reply and no body was there to explain to my mum since im not around to go myself
How can i fulfill my part if they dunno not do theirs. i was willing to sort the payment but i was replied with a threat about cutting my water supply are they able to do so?
help much appreciated.
Don’t pay unless they provide proper resist.
How can an irregularly/illegally formed JMB be set aside or dissolved by Purchasers?
Call for an EGM with sufficient owners. Get them together, then, discuss with a Chairman.
Then, resolve the problems. Get those who are bad service people OUT OF THE JMB. Some are very greedy for more and more charges.
iklan: jual dan pasang Bracket Tv, Plasma. Lcd ( Tv & Pc ) dan Led . semua saiz. jamin murah dari kedai. pasang setiap hari. sesuai untuk jimatkan ruang. call/sms : 010-5119681. terima kasih
Jangan masuk campur dalam hal JMB ini.
Letak iklan anda di tempat lain, ok?
Dear Sir.
please reply legally i have problem with jmb not giving consent for installation of base trancivers station (BTS) for ytl communication sdn bhd. These are the questions i want raise.
I am the owner of the top floor of the 4 storey commercial building and not residential in nature.
YTL is a licenced telecommunication co to install BTS with the relevant approval from DBKL.
The property was sold separately floor by floor to 4 different owners.
Do i have to get the consent of all the owners to install the BTS.
Can JMB unreasonabbly reject my proposal to the installation of BTS.
In the event if JMB and the owners of the other floor reject my proposal can i legally sue them and claim lost of income.
What is the consequence if i go ahead to install the BTS without the approval of the above persons.
please as soon as possible.
Thanks
Rrgards SC.Tanaa
JMB is meant to do maintenance and look after the building (the whole building). You are the parcel owner that does not mean you can do what you like. The installation has to utilize some parts of the building such as utilities and may I say it may change the view of the building.
JMB has their power not to let any installation on the building and they have the right to demolish it if they are bold enough.
Dont just because you want to make some profit, you ignore other people, unless you are willing to share the profit. No heart feeling about this.
Please abide the rules and regulation and do not act with your own hand.
To,
SC Tanaa
How can you sir own the roof which is also a “flat roof”: that houses water tank, Maintenance works to be done and so on. It is common property.
The underside belongs to you the top side is a “restricted common property”. If any the management must be dealing and the rental goes to Management as income (good if you have very honest and straight forward Building Manager and committee members). By the gratfullness of the JMC/MC CM there can be a one time gratitude payment if the CM wants to.
So, that would mean that you have the keys to the roof top and management is not controlling or both are having. This is an offense
Suba Pasu
0142326268
are you fixing at a place or area that legally belongs to you? know your rights before talking about suing ppl for lost income. duh
You need the consent of the JMB. Without that, they can remove them when fixed, ok?
Reason is because roofs are common areas.
Better thing is not to fix any.
Otherwise, more and more antenas would come up.
When you do not fix, less problems.
Does it legally right to impose late charge on maintenance fees?
In some SPA has mentioned that the Maintenance Office has the right to charge late charges. Check it out
The defective Strata Act allows them to charge interest.
Therefore, call it any other name.
However, good managers do not charge late charges or interest.
If I am a manager, I will not do that as it is painful to make owners pay since times are not that good.
Why not? if the delay been seen to be on purpose.
Dear
kl.k
you can now ……it’s a yes and its “not interest” for the unknown of the term used here, but…….. “late fee, late charges” of not more than 10%
Dear Sirs,
Firstly, I’m not a parcel owner but merely a tenant. The apartment building which I’m currently renting has a swimming pool, gym room and sauna for both men & women (seperately) It consists of 88 units and JMB has been formed.
I’ve been renting in this apartment block for the past five years. Initially, prior to the formation of the JMB, most of the tenants are allowed to utilize the facilities on daily basis.However, since last year, the JMB committee decided to ‘close down’ both the Gym and Sauna citing that it consume too much electricity.(since the management owed TNB substantiall amount)
My question is: Can the JMB decide on such matters. How many in the quorum (JMB committee) is required to approve such decisions? Do you need to call for meeting prior to approve such decisions?
The committee was legally formed about 1 1/2 years ago. But so far no AGM was called for re-election of committee members.
Currently, I believe, the committee comprises of 12 members and all decisions regarding to overall mantainance are being decided by only a few members. Is this legal or otherwise?
The committee had also stated that ONLY owners are allowed to use the facilities such as the Gym, Sauna room.
My Second question is: Are we, as tenants allowed to utilise the facilities since it is under common area of the building?
Can we deem such actions by the current JMB committee as illegal? to decide on matters without a proper quorum and meeting agendas?
Shall we refer this matter to the local COB for actions or assistance to resolve this issue for better understanding of all TENANTS.
Hope to receive your reply ASAP.
Thank you.
Mr. Yong (Tenant)
Tenant has the right to enjoy all facilities as the owner does. JMB has to think the tenant welfare as well.
Don’t just a few people did not pay up, they have power to shut down certain area, that is not right. The residence are paying their maintenance charges which includes all those common area.
Unless the collection are bad, then it is another story
Mafiawar, are u an authority to answer the queries, can you answer be relied upon?
This committee is selfish. Vote them out.
Please ask your owner to attend the AGM, ok?
Dear..
I live in Hamna, Sg. Dua, P Pinang.
As the duties of JMB is to ensure house rules, the JMB has placed a sign regarding to parking space.
It seems that the rule is NOT obeyed by some tenants.
I have seen my car parked full of hurdles (motorcycle, waste bin, etc) to avoid others from using the place.
I seem to agree that if someone to put his/her hurdle only for 1 – 2 hours. But if he/she places it for a whole day (at noon), he/she wastes the space. Some guess may come at noon for a while, but does find any parking place.
Thus, I and some tenants urge JMB to ensure the house rules to be obeyed.
Thanks
Tenants at Hamna
Hi, we are facing problems here with the condo management and the JMB seems to be not doing anything to help the residents. The management does not seem to be doing anything to resolve various issues highlighted by the residents from having a new paint job for the condo, to the repairs of the pool to the lift maintenance, etc. They have even proceeded to make repairs to the boom gate without notifying the residents on the cost of repairs. What can we do to demand for an explanation from the JMB and Management?
Hi, Steven Wong, as I’m from Management side, from a few other project, I can safely say that, although parcel owners are paying MF/SF to Management, however, the Management does not have the right to use the money unless it is authorized by selected committee members, in most cases, 3 signatories are required before any big expenditure can be carried out. The issues you have highlighted is considered a big expenditure, hence required those signatories, if there is a short of even one signatories, the Management is unable to perform it’s required duty. As per your boom gate question, the Management should be able to provide the repairs receipt if asked for, from the parcel owners. However, they do not require to notify the parcel owners about every expenditures, as they are only required the JMB’s approval, JMB, of which the parcel owners unanimously elected to be the committee members.
Dear Sirs,
I am an owner of Condominium unit at Setapak, but under my son ‘s name,
I have some questions about JMB committee Members as follows :
(1). Can I be a proxy for my son to attend and to vote or be voted as JMB
Committee member.
(2). A parcel owner owes over 23 months of maintenance & service
charges , Does the owner qualified for election as JMB committee
member, If he has been appointed as JMB committee member, and his
outstanding balance still not settled what action can we take to
against the JMB member., can wee complain to COB ?
(3). As JMB Committee member, Dose any restriction for term of time ?
can the JMB committee continually for five terms ( 5 Years) .
Thank you
No proxy dear
mafiawar, again your reply does not seem right!
Salam sejahtera… Untuk maklumat tuan/puan bukan senang dan bertapa sukarnya menjadi AJK dalam JMB/MC. Berat mata memandang berat lagi bahu yang memikul. Saranan saya selaku pengerusi JMB, kepada sesiapa yang berkelayakan dan mempunyai keyakinan jati diri yang tinggi ada baiknya tuan/puan menawarkan diri untuk jawatan tersebut. TQ
Hi..I’m seeking for advice as to how can I resolve an issue regarding JMB formation by a group of manipulative individuals at my condo in KL? Doubts has arise as to how can a JMB be formed without a licensed Management company? Which has been acknowledged by Registrar Of Society & DBKL? May I know whom will be the one responsible to do the assessment of JMB being managed in a rightful manner on all cases throughout Malaysia? Reason being that in my condo all maintenance monies due are directly paid to Management company a/c opposed to BMF (Building Management Fund)! Sinking fund fees are forcefully being collected despite rejection from purchasers, water charges on the rise despite poor quality, insurance premium on the rise, house rules not in order and many other issues. We would appreciate if you could help advice as to whom can we lodge report over these matters? TQ
Tony
Please, get yourselves the Building & Common Property Act 2007, an of shoot of the Strata Act. You will find all your answers in it.
Don’t bother yet with the Strata Management Act 2013. it’s gazetted but not enforced or rather not “di rasmikan” so if any one does follow it’s an illegal act as yet.
Suba Pasu
0142326268
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I have a question. If a project is not completed,
And only 1 out 4 blocks are ready. And only 1 block has been issued the CF, and the facilities and not completed. And only one block has been given vp can the developer form the jmb, bearing in mind tht all the 4 blocks are under one title. I would appreciate if you could assist me.
Thank you.
We are a tenants association and in October we are having a Tenants
Conference.We would like to invite the JMB to our Conference.We are Council Tenants.We have friends
who like tje JMB as of there maintenance.
Dolly
The Tenants Association would like the Attendance off JMB at our Conference on Saturday October 27th at Albrighton Community Centre.
Albrighton Road East Dulwich.opposite Sainsburys.To do with Maintenance.
Dolly
Hi ppl of Tenants Association, please include me into your news update or even meet on October. TQ
The Council Tenants Conference is October 27th at Albrighton Community Centre East Dulwich.Dolly
Dear Sir/Madam,
I would like to ask whether the condominium purchasers have the right to change house rule. House rule is given to each purchaser when collecting house key last month. According to the developer, purchaser need to form JMB, I means how to inform other purchasers. Which party should inform all purchasers for 1st JMB meeting ?? TQ
1.My unit has leakage from the unit above. What do I do?
ā¦File report with Management Office. Management Office shall liaise with unit on upper floor to rectify leakage.
ā¦Pursuant to Strata Titles Act 1985 (Act 318) and Building and Common Property (Maintenance and Management) Act 2007 (Act 663), the upper unit is responsible to repair the leakages, whereas the lower unit is responsible to repair the damages to his own property
I read it from … http://www.goldcoast.org.my/home/faq
This statement correct or not ???
yes. MC can do the repair as well but then the cost will be charged to the respective owners. š
hi…would like to ask, can JMB rent out the visitor parking lots?
The law is grey in this matter, but it’s shouldn’t be any problem as long as they are renting it for the interest of overall residents, and not for themselves.
Hi, I have an issue with my area’s JMB.
-There is a crack on the walking pathway (common property) on top of my apartment house.
-Whenever there is a rain, water will leak into my house. I want to repair the crack, but JMB does not allow me to do so, as it falls under common property. JMB itself doesn’t bother to repair the crack.
So I’d like to know whether i can rent the walkway on top of my house from JMB, so in return I can repair the crack on it.
The walking pathway at the common property is indeed belongs to JMB’s jurisdiction, and they have to act on it upon receiving complaint from tenant / owner. However, the law is grey in the time frame to be taken by the JMB. Thus, only solution is that you may lodge official complaint to the JMB, and if there’s still no action after few complaints, you may issue them lawyer letter. Otherwise, vote them out during the AGM.
See your local Councillor or your local MP.They can give you all the information that you need.Dolly
Contact your local Councillor or MP as they will give you all the information that you need.Dolly
how to take action on a irresponsible building manager who doesn’t bother the needs of the units owners
Encik Yusri
Please elaborate on what the Building Manager did or did not. Explain with some details. Where are the Committee members…..!!!!!!!!!???????????
Suba Pasu
0142326268
Go to see your Local councillor or MP also is there someone above the incompetant Manager that you could complain to.Dolly
can developer immediately hand over mgmt of common facilities to jmb in earlier block without consent or holding meeting to residence of new block coz the existing jmb ridiculous, not allowing people to move in on Public Holiday for new block?
Thankyou for your e mailhave passed your question on to a councillor.Dolly
I am the president of a JMB in KL. One of my JMC members are acting againts the best interest of the committee. Can I remove him?How do I remove him from his post?
You should have a code of conduct so meetings are not disrupted.You could have this person removed as of no confidence.Vote of no confidence.
What do you mean saying he is not acting well?
Whose interests you mean?
We need to know the situations.
Maybe others are bad and he is right.
Dear oneserai
If majority of Council Member feels in your favour in votes you can remove the person. Normally they wont leave without asking for the world of explanation and justifications and legality.
So, the best way is to write to COB of the issue and together with signed support of other CM send a letter or meet the COB explain then hand over the letter (make sure a copy is acknowledged received for your record)
To make this work ask the COB to acknowledge receive off your letter. Also, with the support of other CM on vote now the COB will only has to agreed on your letter of JMC majority vote to remove the person. Thus no argument from him but to honour the COB’s letter
Suba Pasu
0142326268
Can a JMB force the proprietor/tenant to purchase a car sticker every quarter per year at a cost of RM5.00 which the proprietor/tenant already have an existing car sticker and purchase an building entry access card (RM30.00) earlier? JMB informed that they have the right to block us from entering to our own residence even though we pay our management fee and sinking fund on time. Please advise.
I believe its a daylight robbery using sticker excuse, this isn’t right! you should get enough signatories vote of protest to submit to your jmb for review of such policies!!
Hi,I am jay frm johor,i am staying in an apartment.The new Jmb is formed after the AGM.We just took over for less than a month, The problem is,some of the contractors are demanding immediate payment ETC,lift,cleaners,security firms.Most of them have not been paid for the past 6-10 months!some of the contrators that was terminated by the previous committe sued the Jmb and have won,they are demanding to break the sinking fund to reimburst their outstanding due.All the lawyer fees and interest have doubled the amount!So,as the chairman of the current committe,what should i do?Can the Jmb sue the previous chairman or the managing agent hired by them?Or i just wait for the last court order to break the sinking fund.How to inform the residents of this problem?Who are responsible for all this mess?Anybody,plse share your opinion.
rgds
What had happened to your collection thus far? did u get ur account audited yearly? Not mistaken, JMB can be sued…
agreed with LearnResidence.. the root of your Jay’s problem is surely nonpayment of maintenance which leads to failure of payment to contractors etc for the past 6 months. Instead of suing the previous chairman, why not look into your collection.
I am facing the same problem. This is what I did
(1) I told the contractors that they can either wait or i will change the contractors and terminate their services
(2) The contractors that agrees with my settlement plan was retained and the one that did not was replaced
(3) On new contractors appointed, the payment is made within 90days from date of invoice.
(4) The old contractors are free to do whatever they like including engaging lawyers. We simply ignore their lawyer letters and did not hire any lawyer to handle our case.
(5) In the meantime I work out a fee recovery plan from residence. Enforced the house rule. I chose NOT to pay the common area electricity bill until TNB issued termination notice. I then pasted the notice in all areas and highlighted that JMC will let TNB cut the electricity supply unless we get 95% people to pay. If TNB service is cut, we will display the name of all the people that did not pay and let those who pays to handle them. All this are displayed prominently with a big banner. The collection has gone up tremendously
We just need to be creative
Thanks to both of you for sharing the ideas,My current problem is,we are having around 1200units and most of them are tenants not the owners.
Dr R@28,your method not suitable in my appt.How come you ignore the High Court order that demanding the payment?Contractors need their money in any manner.Ok,lets say i ignore the court order,what will happen next?Anybody have experience on this?I also agree that some contrators are lenient and willing to talk the terms but some are not.Another thing is,
do the maintenance hired for the building need to have cidb or chargeman
qualification?
Becareful of ignoring court order, especially high court. your personal liability maybe at stake, make sure you have insurance coverage for it… Don’t you have all the owner’s mailing address for collection of maintenance fee? what happened to your collection thus far? Was there mismanagement? you may want to take legal action against the previous management, maybe start with police report. Your collection is suffice for hiring qualified electrician, doesn’t it? better not try to be penny wise, in case there are short circuit, you maybe at fault… Maybe you can negotiate paying your contractor in installment whilst you collect additional sum from your existing houseowners…good luck
Most of the failure projects due to under budget costing by developer, poor collection or misuse of maintenance fund by committee / property manager.
1st -you need to see your collection performance whether sufficient to cover to monthly fixed cost.Ask your property manager to do a budget.
2nd – cut cost, cut whatever not necessary expenses or reduce usage of electricity until able to cover for monthly expenses
3rd – boost up your collection by issue reminder, notice of demand and summon ( summon cost a lot of money- may be you can choose few top defaulters to go for summon)
4th – Deactivate for access card to all defaulters
5th – Do not ignore high court order. List down all outstanding and filter which contractor already sue you.( compile all the outstanding invoice and job sheet , DO , PO) If no proper documentation and approval, ask contractor to provide you and proof it. If the contractor or service provider did not service properly then ask them for credit note or discount. After that, sum up total outstanding owing and negotiate for instalment one by one with all the contractors.
6th – Call EGM for top up fund or terminate fixed deposit. This is to settle outstanding payment. Double check all the sole pro name and correspondence address for your correct billing.
Remember – all the documentations must keep and file properly( black and white)
Hope this will help you !!
Jay, I’m sorry that you’ve inherited a problem project. KC’s solutions are the most viable. I don’t understand why you need a court order to utilise the sinking fund. You should be able to hold an EGM and get everyone to approve it. Unless the court froze your account, then that’ll be a big headache.
Hold an EGM immediately – I mean as soon as you can. You need to write to the CoB to inform them, also give them the agenda. You need to write to all your owners about the same things. During the EGM discuss very frankly the situation. Sometimes some owners would be able to assist you in this.
Be very frank with the owners, or they’ll think it’s your group that got them into this mess,
I think you are very harsh.
There are also other less arrogant ways.
Get ideas from Christians who are more caring and loving.
Residing in a 2 blocks buliding codominium,with the total units of 292,inclusive of 11% with accessory parcel.
I have a question,to seek for opinion and answers to it.
JMB management insist to charge an additional fees on the accessory parcel,based on the calculations from government strata management of weightage factor for accessory parcel,that is additional 0.5% from the monthly mainteance bills.(Stated by law of the government ) Is it True?
To my knowledge,let it be government strata title or AKTA law are just informations and guide lines to building managements.To respects and indentify ownerships of individual purchases.COB is a subsidary body to the government,to act and monitor/records meetings in operations of managing buildings,inline to the government policies and also to assist on any dispute and guidances to related issues .I dont think the government will interfere in any bulding managements especially internal operations.
Accessory parcel owners that purchased the units had been managing and maintaining the parcels at their own expenses by landcaping,water and ellectrical bills.,making a better living envornments and enhancing the building images as well.Maybe the JMB managements are not aware that this owners are paying extra on top of existing mainteance bills and forgetting the accessory parcel that earlier obtained is a piece of bare concrete cement.It is unfair to ask the owners to pay extra and not logic in doing so.Then in the other hand ,who pay them for the effort/time/money in turning a piece of junk into a master piece??
Likewise,Can we be jealous or envy to a person who owns or drive a better car like Bentley or Posche ??That goes to the same issues as above.
Michael, are those accessory parcels included in your title? If yes, just pay up loh. If no, you open up the area to the other residents, then no need to pay loh. Also no need to do landscaping cos the management should handle it since it doesn’t really belong to you.
There is term in the act 663 that is called “House Rules”,which some of the JMB use for their own greed.You can refer to COB or HBA.
I live in the apartment which is used ‘guarded apartment system’ ever since under the management of developer Sime Darby. Then after 2007 the JMB was formed here. Before the formed of JMB,we paid the maintenance fee to the Sime Darby staff which was came here in every month,.Although most of the residents here fail to pay the maintenance fee on time but we were allowed to pay the installment we have base on our financial ability. I was satisfied during the management of Sime Darby cos I can see how they managed our apartment area with the cleaner,guard and everything. But things were changed when the management taken over by the JMB. There were no guard at the entrance,no cleaner to sweep the rubbish or clean the swimming pool ( do not open at all to the residents here for more than a year) and the most unfortunate was no light from the road at our parking lot. Actually, I was kept paid the maintenance fee but when things changed like that so I just stop paying. I felt like useless to pay some money if the JMB done nothing.
So last year the JMB was changed their committee and the residents here can see their effort to manage our area but another problems came like :
1. The chairman of our new JMB love to cut the trees around here and and burned it.
2. This year we were asked to buy a new sticker for our vehicles based on the amount of vehicles belong to the residents here or we also allowed to buy the stickers for our relatives which not live here too,so that easy for them to enter this area. The purpose we were asked to buy the stickers because the ‘guarded apartment system’ will be applied again.
3. I can see most of the residents ( owners/tenants) followed the order. Unfortunately the’ guarded apartment system’ just started feb this year and was run by a security company and of the guard was our JMB chairman’s father. What a weird ? And this system only just lasting until july this year.
4. And here come another problem, rite now they are going to implement a new system ‘Auto gate with the access card’ to each residents. They only informed to us the residents through the memo which was paste on the notice board in every block without asked our permission like sent us with approval letter from the residents to build up the auto gate.
5. My question here, are the committees of JMB have authorities like they did to implement and cancelled the rules just like that. They also never gave us any details explanation why the guarded system was stopped suddenly.Are they allowed to prevent our vehicles enter this area, In fact we still have the car/motorcycle stickers.
6. The cost to build the auto gate is Rm24,000 and Rm1000 for the access card. Are they the committees of JMB free to use the money just like that without having any approval from the residents here.I got the info about the price from the worker who was build the auto gate.
7. I am personally do not agree with the auto gate cos we are not living in the condo and the fences surrounding our are just not match with it,where anytime intruders can cut it to enter our area.
Well that’s all I can write although there still more things I want to write. Really need advise and opinion what actin should I take.
Hi. I am also now having bad experience since JMB took over the building management role. My friend has advised me to report this to REHDA or Local Council. I am now writing official letter to complain, but have not decided which authority or association to send it to. You may try with either one…
I have passed this on to a councillor.Dolly
Some JMB members are horrid creatures.
The Act is bad, and the law does not protect owners.
Try not to buy strata properties because such JMB members can make owners suffer even more by upppppping the charges. This is why I deem them horrid creatures.
Mr Rayray , Seerkien and others
when there is such a JMC members report to the COB’s office immediately. Land are scarce and population and migration from other state and now legal and illegal help, assistants, co worker and etc we need to live on stacks. The act has definitely removed and put a stop to the bullying of the developers.
Remember please “what is a government without the people and people without a government” you put them there so you can also remove them.
Whenever there is very serious problem write to the COB for an EGM.
Rehda is for developers. Before, the COB’s office was in all Majlis under the Property Management Council which was below Valuation Department below Datuk Bandar. Now it comes under the Housing Ministry.
the order
Act of Parliment
Ministry
Minister
Property Management Dept
COB
JMC/MC
Government Valuation Department is with the Finance Ministry,,,,Surprised!!!
Suba Pasu
0142326268
Refer to act, you need certain number to call for EGM or you can approach Cob in your local council to call for one. Did they present any budget plan before this? are their account audited? did their house rules obtained approval in Agm and hv they sent out copies of their Agm and audited reports to COB? these are required. worse case, bring them to court. not mistaken, committee who has personal interest not allowed to be in decision making and has to make known his interest. tq
hi, i stay at town house, i am a upper unit resident, my group stairs unit build up a awning very nearby to my balcony, besides it the the height of awning is lower than my balcony ceiling…when heavy rain, the water will be flow to my balcony until lightly flood in my balcony, what can i do for this issue even i told the owner, but they will not agree to move up the awning or make in more small size….
Give them a letter to remove because water is flowing into your property.
Hi,
I would like to know whether a shoplot with strata title issued will still require a JMB? if yes or no, please advise me on the provisions in the law or act that supports the answer?
thanks!
Pls refer to the common property Act 2007,came into effect 12 th April 2007,stated very clearly the objective in forming JMB,to provide proper mainteance and management of building and common property of strata buliding,after delivery of vacant possession.If your shoplot need mainteance of common propery,then JMB is required as elected by owners ,to look into the interests of the property.Otherwise,without JMB,who will run the daily operations in terms of security,cleaniness and problems arises at times???The whole property resales value will be bad and areas turns into drug addicts and crimes sectors.,then who will loose in the end?
Hi, our condo JMB recently voted during AGM to install additional CCTV in every floor of the block. Each unit has to pay RM70 per month for 12 months for the CCTV implementation. The fee collected will be separated from the maintenance and sinking fee fund. Many of us do not agree as the cost is too expensive and the residents were not informed of the AGM hence the turnout was very low and I heard those who voted for were mainly proxies. Now we are in the process of collecting signatures from 25% of the residents to call for EGM to reject the decision.
My question is many residents are not paying the CCTV fees now so if an EGM is called later, can they attend and vote during the EGM? I was told those who did not pay will be considered of being in arrears hence JMB can prevent them from attending the EGM. Is this true?
Wong, 2 issue here.
First of all, you said the residents were not informed about the AGM? In many cases the owners chose not to attend, but when they found out about the extra charges, said they weren’t informed.
Secondly, do all of you think paying 70/month for 12 months is too much for the cctv? Do you think the cctv cost is too high? Or you just dont want to pay 840 towards the cctv installation?
What you need to do is to discuss properly among yourselves the real reason this came about. Why most of you didn’t attend the AGM and why you don’t want to pay. Then you can write to the COB and demand an EGM. All of the owners who are unhappy must make sure your maintenance fees are paid up to date to attend the meeting. And no, the special charge (70/month) cannot be taken into consideration for the simple reason it was not provided for in the Act 663.
If all of you are acting in good faith (not because you guys just want to make trouble), you should be able to get a satisfactory explanation from your JMC. If all of you think the cctv cost from this contractor is too high, get a few more quotations. During the EGM get a motion passed to get the JMC to inform all residents of new tenders available so that everyone gets a chance to tender.
Hi bslim,
Thanks for your reply.
1. I have spoken to fellow residents and all were not aware of the first AGM. We did not see any AGM notice or receive notification in our letter box. I understand there are times residents choose not to attend but I am pretty sure we did not receive notification for the AGM. Is there anything
we can do about this non notification for AGM as I believe we have a strong case here but it will not be easy to prove as the developer can claim
that they did send us the notification?
2. Many residents do not agree with the CCTV costs as we have checked with other CCTV vendors and feel the 840 per unit cost is too high.
The CCTV is to be installed in every floor of the block. We have 21 floors in 2 blocks and each floor has 9 units. JMB did not share details of the CCTV implementation like vendor selection, how they derive the costs, types and number of cameras to be installed, etc
3. In order to call for EGM, I understand we need at least 25% signatures from owners. We have about 20% now but may not be able to reach 25% as many owners are from outstation and we cannot contact them. What other options we have to debate/reject the CCTV implementation if we cannot garner 25% signatures? If we ask COB, I think they will also need us to collect the 25% signatures before we can call for the EGM?
Thank you.
One more question, you mentioned:
“And no, the special charge (70/month) cannot be taken into consideration for the simple reason it was not provided for in the Act 663”.
Can the JMB say since the CCTV fees were voted for and passed in the AGM, it is consider valid and be taken as part of the maintenance (under security) of the condo?
Thanks!
Yea. The law is bad. Owners surrender their own rights to unreasonable JMB members. Always attend the AGMs, tell all your friends.
Mr Wong
One’s maintenance and sinking fund collection is where the condo’s operation to operate is taken from.
If there is not enough as to from the maintenance service charges then have an EGM to use sinking fund. When ever sinking fund is to be used. Management Must call for an EGM and get the consent from attendance on count of vote for using capex.
Normally JMC get into financial problems because developer would have not the know how to calculate the proper as per total sq ft plus expenditure plus inflation plus an additional for emergency repairs etc.
Then when JMC is formed no one wants to address this area cause you will end up paying more from the present charges.
Remember this monies are public funds and people who are given responsibilities to safe guard, care, proper usage, and so on. They are answerable if your money has no trace.
Chairperson and it’s committee are not people in power but merely nominated representative of the majority to act as guardians ……period!!!
The Act does not come under ROS. Majlis is the one who is issuing stratified dwellings it’s certificate of formation whether JMB or MC
Suba Pasu
0142326268
Do the present jmb have to right to collect the long overdue more than 4 years maintenance fee from purchaser..without notice and warrance from previous management company and present jmb
I am a house owner of one of the condominium at taman melawati.the problem is i had paid the maintenance fees every month since i bought the codon from day 1..1992…after going through so many management company n jmb managed..and now this newly form jmb issued me an invoice saying that under acount 3 and acount 2( acount 2 and 3 r previous management n previous jmb..and acount 1 is under present jmb)i still owe them more than 10 k maintenance fees..if i dun pay i cannot sell my hse..bcos they would not issue the clearance letter n without this letter i cannot sell my house…and i told them i had paid all my maintenance fees..and they asked me to produce to them the payment receipt since 2005 to 2009..and all this far to long old receipt already no more with me..if i owe the previous jmb and management company maintenance fees sure they would issued notice and warrance letter to me..and after so many years and so many management company and jmb ,,,n out of the sudden this newly form jmb said i owe than more than 10k..this is very unfair n crazy..how many of us r keeping the receipt for so long time..it mean that they have the right to claim the maintenance fees from us any time any year once we had lost our payment receipt..and they also insist every seller to pay 2%liquidator fees base on selling price..please advise me..why this jmb have so great power to simply claim money from unit purcaser and so great power not to issue the clearance letter..should i go to ministry of housing department to make complaint or should i take legal action again this present jmb..
Hi, I am facing the same problem but I have all the receipts and proves but they still insist us to pay it. Is your problem solved? Can you share? Thanks.
Can a JMC Member call any Owner who has outstanding Maintenance Charges . Isnt these charges supposed to be Private & Confidential to all Owners.
It can be done, i think under the house rules,they can paste it on the common place to remind other resident sand of course to shamed the owner .Actually its not the right way but sometimes its very annoying to collect the overdue charges.
Does JMC or JMB hv the rights to inspect the apt that they suspect sub let out to foreigners or illegal foreigners?
Most of the owners in our taman rent their apartment unit out to Indonesian. I’m not bias against the Indo but those Indo like to sub let the rented unit & most of the rented units have around 7-8 Indo staying in one units.
Then those indo like to create problems. Before CNY, the owners staying there caught a Indonesia lady try to break into one unit. Her accomplice got away. Then that Indo lady told the police that she & her brother rented a unit in our taman. Later her brother told the police that his sister is mentally un-sound etc, etc.
The next day that Indonesia guy gather a WHOLE BUNCH OF THEIR INDONESIA GANGS & THREATEN THE OWNER WHO MAKE THE POLICE REPORT !
These people work for the bosses near where your shop is.
These bosses employ illegals if you think the apartment owners are wrong in letting them stay.
Can someone advise me, technically how to disolve a non-performing JMB committees? The JMB was formed in less than a month from date of vacant possession and the most committees are not living there. They rented their units to outsiders/foreigners. Incidents of lift breakdowns, robberies, cleaning quality are NOT being addressed effectively & they don’t even aware of the lifts broke down prob! Majority of residents cum buyers DO NOT want them to hold that posts in JMB but do not know what to do…and the maintenance charges are high @ RM150 monthly with NO pools, no courts, no landscape garden, etc…Our apart are just mid range with surau, dewan serbaguna, toilets & small plygrd for kids.
People have been saying that the current JMB was formed out of personal motives of this 1 guy (who is the Pengerusi JMB) who wants to make personal profit/platform to gain money from the apartment maint. The Vice Pengerusi is his son, the treasurer is his son in law…How can this happen? What channel we (house owners) have to eradicate this prob?? How to disolve this corrupt JMB committees? PLS HELP ME!!
and worst scenario now, there exist 2 Persatuan Penduduk of the same apart building! and each fighting to materialise their ideas and claim that the other corrupt, money politics, etc..My concern is to solve the prob of the hse owners not power gaining. The o/stdg elec bills of the common facilities has came up to almost RM20K and the JMB said they don’t have enough money to pay!..and that by June if the situation not being alleviated, we (house owners) have to make our own way by stairs! Believe it or not???
Dear Mei Li
First and foremost, unless VP and etc. are proprietors themselves he cannot be nominated.
Second, during election ….all elected person must voice out any bias to taking up position (and please stop telling that you are volunteers. JMC and MC can sued and be sued !!!!!!!!!!!!).
The Act calls upon elected person to be serious, diligent and dedicated and it is a full time responsibility. So if before an elected person has monetary transaction for profit (eg rental of retail lot/s) he has to get consent of all elected JMC MC. No person on duty of JMC/MC mush have vested interest during the period.
For the act of “walking”, I must ask how in “gods world” did they get elected. Call the AGM null and void by writing to the COB. He will call for another. Audit all accounts before transformation of handing over. For any wrong doing (if any) make a police report (falls under criminal), hold them responsible and teach them a lesson so the next time Management Office is for betterment of residence and not their SDN BHD bank.
Suba Pasu
0142326268
Check Building & Common Property Management Act or the new strata management Act, if it is not conform to requirements of the law, than they are acting illegally, you may able to bring to attention of Commissioner of Building or Local Authority ie your Majlis Perbandaran. good luck
We once had a smiliar problem and we were in dilema so we approached the ROS but it seems it was getting into deaf years although it may seem that they are helpful but trust me they are a USELESS department among the ministry! No wonder why all JMB in town are having problem. These ROS do do any assessment to maake sure JMB follows rules & practise! There the next cause of action I did was to bring up the matter with TV station where yoou get highlight with issue in hand. Further to that I sent a coplaint pledge to JPM’s dept. Thereofore now we are waiting for some action to be taken with our JMB! Good luck..
Hi!..Under Act 667, does JMB allowed to elect “Vice President” post???..becoz COB mentioned JMB should be comprised of President, Secretary and Treasurer. But this JMB of my apart has a Vice President post. Is this valid???
A lot of JMB / MC also have vice president, vice treasurer and vice secretary position. Act did not mentioned JMB / MC cannot have vice position.
Hi All, just a simple enquiry regarding card access system. Can JMB i.e. has LEGAL RIGHT to block access of tenants/owners by deactivating the card access if there is outstanding maintenance fee. This means the tenants/owner has to park the car outside the guardhouse?
If the resolution passed during AGM/ EGM, then JMB / MC have the rights to enforce the new house rules. This is to encourage all the purchasers pay promptly so that the management can plan the cash flow and maintain the building properly.
Question: i bought an apartment (sub sale). however the developers don’t seem to be bothered in maintaining the common property..i just found out that there is no JMB formed. i wrote many times and even made a complaint to the office but no reply froom the developers. Kindly advise.
We have been asking Property Managers to propose our property management system so that the owners will have a more transparent accounts and keeping a fulll history of communications. Unfortunately most of the managers are afraid to move forward or propose to the owners. If we can do better with the help of technology..why not!
Please advise offical channels to complain on a JMB with a JMB in Petaling Jaya? I went all the way to MBPJ but still no action. I tried BPA and CCC but not much action also. Thanks.
Try KPKT or write to your YB for your condo, or write to Menteri Besar Selangor. Good luck. Which part of PJ are you referring to?
May I ask can JMB sue the owners who did not pay their monthly maintenance fee? The reason they are not paying is because the developer did not install CCTVs along their premises. Is it JMB responsibility to install the CCTVs when the owners should have gotten it from the developer before the developer handover their duties to JMB?
May I ask can JMB collect / sue owners for outstanding monthly maintenance fee owed to developer. The Reason they are not paying is because the condo was very poorly maintained to the stage most of the units could not be rented out during the time when developer was incharged. FYI, JMB is only formed this year and condo sold in 1995. Tks
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.
Sent to councillor Dolly
Can anybody help me with my problem. I purchased an apartment from the owner in 2011 and I have submitted to JMB office all related documents for them to update their record. Since I took over the unit from previous owner (from 2011 until now), I make sure there is no outstanding fees for maintenance, sinking fund or insurance. My intention is to occupied the unit but due to some reason I have to stay at my mom’s house.So the unit was left unoccupied since 2011 but I do make my regular visit at least once a month to collect bills and pay them and sometimes stay there for a couple of hours and leave the unit after locking the door and grill. However, on 21st November 2013 (Thursday) at 5 pm I was shocked when I found that the locked was replaced with a new lock, grills and the main door were broken.I rushed to the guard to find what had happened. According to him, the residents complained and suspected that something smelly came out from my unit which they claimed the unit was unoccupied and do not know the owner. On 7th October 2013, at night action was taken by police to break the grill and the main door.I could not do anything that afternoon but to wait for the next day to gain further information from JMB office as the office closed at 5 pm. The next morning I went to the office and JMB staff informed me that it was true and asked me to contact the committee member of JMB (which i called him Mr. A) who made the police report. (For information, he is also the head of the floor where my unit is located and any problem arise from the specific floor may be addressed to him.) I managed to contact Mr. A and he explained what had happened on 7th October 2013. Not satisfied with telephone conversation, i called him again asked for a meeting the next day. The next morning (Friday), he explained again that the neighbours complained to him about the smell which has been there for 3 days starting from Saturday, Sunday and Monday and the neighbours suspected it came from my unit. (The JMB office was open on Saturday from 9 am to 1 pm. After checking with JMB office, I found that there was no report or complaint made to the office on Saturday and on the next Monday itself).Acting on the 3rd day of complaint, which is on 7th October 2013 Monday at 7 pm Mr. A called the police and the police take necessary action to break the grill and the main door. After inspecting the house, the police did not find anything even though the smell was still there. After the police left my unit that night Mr. A locked the grill with new lock. When I asked him if he did called or at least make an initiative to call me as the owner of the house before he called the police, he replied he did not because he did not have my number and did not have accessed to JMB office to check my number because the JMB office was closed and further more at that time he was blur not knowing what else to do. When I asked him again did he called the Chairman of JMB informing him situation, he replied no. I said if only he have an initiative to look for my number even though the office was closed, he could have called Chairman to have access to JMB office for my number, I would willingly open the unit for him without breaking it as I stayed about 10 minutes drive from my mom’s house. He said after that incident he did informed the JMB office and made an assumption that JMB office would called to inform me.He then kept quite did not even called me to inform what had happened of follow up with JMB office until i found it myself during my routine visit on 21st November 2013.I believe this incident (breaking the unit without owner’s knowledge could be avoided if Mr. A take extra initiative to look for my number) or wait for the next day for him to take my number. Then I insist to meet the Chairman of JMB and we had a meeting on Saturday afternoon. Surprisingly and to make it worst scenario, the Chairman of JMB claimed that he only aware of this incident when Mr. A told him on that Saturday morning (23rd November 2013).I said to him this incident happened on 7th October 2013 and it took 1 month plus for him to be informed and not even one courtesy call to me from Mr A, or from JMB office itself (as they have been informed by Mr. A earlier)
My questions are:-
1. Does the owner has the rights to be informed on what is going to happen to his unit? (in my case before or after police take necessary action to my unit)
2. How far can the committee or the head of the floor exercise his power?
3 What are the SOP before any action being taken to any unit regardless the unit is occupied or not?
4. Does the committee have the right to do anything they think right even though it may effect others owner’s right?
5. Can I proceed with legal action?
Thanks for reading it and appreciate if someone could help on this matter.
There is various wrong doing as on legality. Both the Building Manager and the Chairperson are not aware of their individual protocol. The BM must be an idiot because for one any new purchaser’s lawyers would had asked for consent to transfer any dues to be paid and so on to Management Office. So in record they could have called the lawyers office to get to you!!!!!!!!.
It is the responsibility of both Management and new Proprietors to inform the office that a SP & A has been transacted. By doing so the “scroll of the legal proprietor” is in record and it has to be sent to the COB’s office whenever…..
Also, BM’s communication to guard and SOP are not proper. Chairperson don’t physically go to Police station!!!!!! Why did they engage a BM for….”Makan Gaji ke”. By law any person can make a police report. Police needs a court order to “force entry” also they have all the means to track you if one idiot cannot.
There are that needs to be explained and about your rights.
NO!!!!, I am not a lawyer.
Suba Pasu
0142326268
No one seems to be bothered about owners’ rights. The Strata Title’s Act do not accord any worthy rights to owners of stratified buildings, except the ‘right’ to pay management charges demanded from you. Therefore, the JMB and MC members are mostly not bothered about complaints made about their bad and costly management, and the Act gives no owner who owe management fees the right to vote them out. How can this be? Why no voting rights given to them as owners? If their payments are in arrears, then they cannot be JMB or MC members or to stand for other elections; but why no right to vote; and especially in voting out all those unreasonable, bad and greedy JMB or MC members? All owners of strata properties in Malaysia need to be united and fight against this Section of the Act. Otherwise, all Malaysians need to boycott stratified properties. Never buy any. The Act calls you a ‘tenant’ in spite of your paying for the lot; and the management charges will add up to even more than the cost of the original property cost because the Act does not control the spending by the JMB or MC members. So unkind to owners, eh?
Hi guys ..can i get ur opinion or feedback from u all’s regarding the JMB rules.
My fren is 1 of the JMB MC,where he was selected recently. He try to manage to bring the Apt for better conditions. Previous MC have left it debts with Syabas n tnb,currently my fren trying to settle down the debts n mean while doing collection for the outstanding payments for Syabas n Maintenance to repair the roadworks n the apt was look very terrible in term of not in proper conditions.
So when the MC n the teams was doing some collection of fund from the owners n also tenants for the outstanding, they refuse to pay n the outstanding is most probably RM 3k each HSE.
In this case what are the actions can be taken against the Hse owner / the tenants. Can we lock down the water or can we sue them or else any other actions which do not break the rules.thx
Hi this is my opinion since i am a JMB cmtte.
1. The police can check every unit when they suspect anything amiss/fishy in the unit.At certain times owner can’t be contacted..so no need to wait for.
2.You must check this with COB.
3.There is no SOP, if the police wanted to go in..they will.
4.Certain rules can be enforce by the committee(they represent the residents)under house rule.It must be informed to residents by a simple memo.
5. Thats your wish! normally committee is covered by the error and omission insurance.
My humble requests,try to settle this amicably with your JMB or you can refer to COB for further action.Don’t waste your money..
Just sue the bastard Mr.A for property damage.
Hi farianz
Your legal answer is “every proprietor (if strata not issued yet) and if it has then they become “unit owner/s” must pay all chargeable due to the JMC or MC no two ways about it. Water belongs to Syabas and it’s consortium. No other department, establishment or person has the right to disrupt water.
According to English law ” water is a basic necessity to survival. Thus 1st in High Court and then Appeals Court an owner sued JMC for disrupting water and he won. John VS blah blah Management Corporation. Some do the twist arm tactic …….it only takes a person well versed in the Strata Act to sue.
The BCP Act clearly states that JMC or MC are to apply to court to attach belongings/also known as property too “moveable items” in the unit to address the arrears due to Management. This is the only action, any other is illegal. Yes, the question of funds avail needs to be addressed…..cough it out first then get it back with claims from the ignorant owner/tenants.
The COB must be informed on the defaulters list. The COB will write to the proprietors to pay or initiated by COB’s legal department they will proceed to court ,,,,,,,,also on the COB’s jurisdiction.
This is where the time factor/ efficiency/ promptness/staff’s off the department is questioned. As one will observe in any……. if he/she is a Malaysian.
Suba Pasu
0142326268
Dear Suba Dato’ Pasupathy
What if the MC just lock down our apt unit water supply without any notice etc.? Is it against the law for the MC to do that?
Half year ago when I paid my maintenance contribution & water bill in the MC office (located in same block), I have told the clerk that I did not receive any invoices from the MC. I told the clerk that if there’s no invoices, I cannot pay. And until now I still did not receive any invoices so I did not make any payment on water bills (since 6 months ago).
Now the MC lock down our apt unit water supply. Make me more angry and I refuse to pay them any cents!
So the MC have the rights to lock down our water supply?
Thank you and regards.
Unit is bought with connection of water and electricity. S&P and Deed of Mutual convenants does not sanction water supply cut to enforce maintenance collection. That’s similar to spraying red paint on your door (which is just as illegal)! Sad thing is, though the JMB’s action is illegal and they know it, they do so because they know most unit owners won’t want to hire and pay a lawyer to sue them.
Actually the MC did not have the right to stop water / electricity supply. And to make the situation worse, you stop the payment!
1) If you didn’t receive the invoice, you may visit the MC office to get the clerk to print out your water bill.
2) You may sue the MC for their illicit action, but once again, it’ll be lengthy process here and the question is who’s going to foot the bill?
Dear Lis
No they cannot. My advice make a police report “don’t expect them to do anything” this will be your record for suing MC later. Then write to COB “don’t expect any action from them too”.
Allow me to explain the the added problems that they have caused. COB has been advising to “Management” if it is stated in the House rule book …….they can.
Now there is a case law in the Appeals Court that “they cannot”. So when primary says cannot secondary is saying can. I will let you decide if I am talking about People,Court of law, COB, law and or rule.
I asked the COB at Maju Junction…..and i quote:” who is or rather has the power to decide on the Act of Parliament, point of law and to over rule you (the COB)”. Thus the COB has disrespected the Courts Rule on a case law. There is another case law where the COB was also used by a proprietor jointly with MC. To me the COB in certain district only writes letter to JMC and MC of “show cause letters”.
Can anyone out there tell me if during AGM or EGM you see anyone from the COB office to advice and to monitor the floor.
Your answer……. just sue or call for a press conference
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Can someone help me with this? I own a apartment in Las Palmas Bandar Country Homes. I bought it cash 2 years ago. In the beginning of 2013, I secured a buyer and signed a Sale&Purchase Agreement. Buyer secured a loan with CIMB, signed loan agreement and towards the final release of payment, the bank requested a copy of quit rent paid to Pejabat Tanah Gombak (PTG). I have been paying my quit rent to JMB but they have not paid to PTG for past 2 years. JMB’s reason for not paying is that not all unit owners paid their dues. CIMB is not wanting to process the final release of payment without the quit rent payment proof from PTG. What is my right against the JMB as regard to this matter?
Lodge complaint to the COB and c.c. the complaint to the JMB. If the JMB does not wish to pay the quit rent, then why collect from other in the first place?
Any MC/JMB should not delay, and should not have valid reason for delay in payment for water / electricity / quit rent, etc. It’s their duty and responsibility to chase for the outstanding, and not to wait for the payment of the outstanding from the owner. In your case, shall you have concrete evidence that the JMB is delaying the quit rent payment, you should seek the intervention from the COB-PTG branch.
I would like to ask whether we can claim damages from JMB. The story is that our cars are park on the highest floor and there has been leakage from the ceiling. It leaks cement alike and will harden over time, thus damaging the car paint, headlights etc. Numerous complains were made since 2 years ago & from time to time but no ultimate solutions so far. Appreciate any advice.
Should have issued written notice to the JMB first. Build evidence via letters that you have notified them and they have not taken action. Take pictures of your car and ceiling. JMB can be sued for negligence or for causing loss..
Since the problem have occurred for 2 years now, did anyone raise this concerns during the AGM? If yes, what’s the resolution from the JMB / the floor? If no, why the resident did not raise it then? Everyone should make full use of the AGM/EGM, otherwise the meeting will serves no purpose.
Then, you should determine whether the defect is under defect liability or not. If yes, then the developer have to make good the defect, otherwise the JMB have to rectify it. If it’s not covered under defect liability, then you’ll face difficult task to deal with the JMB. The only solution is either the resident able to secure the quorum to call for the EGM to address this problem, or wait until the next AGM.
I’m not trying to demotivate you. Frankly to say, MC/JMB can sue and can be sued. But it’s not an easy process to claim losses/damages from the JMB. They can play up delaying tactic, and once their terms is over, then you would have to start all over again.
If you drag them to court, then it’ll be lengthy process. Who’s going to foot for the bill then?
can a jmb member/committee of a shop office receive fees for performing duty.
Good day,
I had just been appointed as the Treasurer for JMB in my area, and I had been informed that there is an owner who has not paid his maintenance fee for the past few years, and continues to refuse to do so.
He proposed to pay only a fraction of the total fees, and requested for us to waive the rest.
What can be done by JMB if there are owners who refuse to pay their maintenance fee?
The owner have no right / no good reason not to pay for the rest of the outstanding. There are few solutions you may consider. Let’s go for the primary one first – legal letter.
Can the chairman of a Jmb draw a salary?
The law is grey in this area, unless it is stipulated under House Rules. As long as there is a proposal during the AGM, followed by endorsement, then nothing can be done.
No!!!!!!!!!! Please understand/meaning of the word “salary”. JMC are full time representative of JMB. JMC is an entity, thus the word “volunteer” is wrong. They are only entitle to an allowance of not more than RM300.00 But on the other hand if they desire more then the floor on AGM or EGM must be passed.
Salary is given to worker at management office like clerk,technician,cleaner at your flet/apartment/condo.
JMB member/community will receive their allowance if they(JMB) all agggred in their montly meeting about this issue.Normaly the allownce amount depend on current JMB account that time.The amount allowance will be declare to COB as acknowledgment.RM250 until RM RM 450 is normal rate for their monthy allownce.
Most cases for new JMB facing already `critical fund`, critical deb(like TNB common area bill,Syabas,lift provider) and critical problem from previous management. Some are new JMB member/communty still dont receive any allownce due to `no money`.
Thank you Shally. So it has to be passed by an AGM or an EGM before the Chairman can draw a Salary?
You’re welcome. In fact the chairman may, and may not draw a salary or perks. He may because the law is grey on this, and he may not because the owners did not made known of this. The owners have the very right to know how it is going to affect the fund, because any depletion of the fund is eventually affecting all owners. Therefore, if possible, the election of the members of council have to be on their voluntarily basis, otherwise it may lead to conflict of interest later. Who knows? However, if the elected members of council are working on voluntarily basis, then you may have another problem – nobody wants to become the members of council.
Thanks Shally. So who do we file the complaint to if the owners felt that they are not happy with the chairman drawing a salary from the fund?
It is interesting to know whether the chairman running the MC / JMB office by himself? Or he employs property management company to run it? If he is managing the office, with few staff employ direct under the fund, then I think it’s OK. But if they employ property management company to run the building with management fees plus his salary, then maybe 50-50.
You can file complaint to COB, however, as what I’ve mentioned, the law is grey in this matter. As long as you are aware that this topic is not brought up during the AGM, or mentioned in your House Rules, then you may have some chance to reverse this salary matter. Mind you, the representatives from the COB may check the same too!
where do we file complaint if the JMB member abusing the power and miss used of the funds. Please help….
Dear Ice, if you confirmed that the JMB members are abusing their power and misused the fund, you can file complaint to the COB located in all Majlis Perbandaran.
Hi,
I have been staying in my condominium for more than 8 years. Last year a new management took over and they creating problem that was never happened before. They create a new rule stating that every unit only eligible for 1 car park. Whoever have the 2nd car have to park outside the premises.Parking outside the premises meaning we have to park outside the main road and a lots people will get summons from the dbkl. We even try to provide them solution to practice double parking method and they did not even bother to try it out. Before the management practice this rule, should they held EGM/AGM to get the residents agreement first ? Is it a must for the management to provide us the annual & auditor reports. Beside , may i know where to get the legal guide to propose to change the existing management ? I hope to get all the legal info pertaining to JMB if you have any, Many thanks and really appreciate for your help.
Hi Zee, before I could give you any advise, may I know how many car parking lot is one owner eligible?
Hi Shally thanks for the reply. I check the agreement and it does not mentioned about how many car park lot one owner is eligible ( Our condominium Genting court Condominium developer went bankrupt ). But i believed it should be one. My concern is not only the car park issue. What i am trying to said is no issues happen from previous management and once this new management took over , they do not maintenance the condominium very well ( It is getting worst) and they created this car park issue which never happened before.
I would like to know how can we removed this management , chairman and the committees members. Our condominium is under Building and Common Property Act A663-2007 but i still do not have clear picture of all the processes.
Furthermore, is it a must to have a management company to manage a condominium because from the annual report it show that RM15k payment is for the management.I would rather use this money to improve the condominium. Beside, on their annual report, it also show they bought “A New Computer system each month ” from october 2013 till Feb 2014 ( ranging from 2.5k to 3.5k). They even “upkeep the computer” every month and it costs 1.2k++ .This is really suspicious to me.
Therefore, I really would like to know how can i replaced the current “JMB” and replaced with a new team ( Without a management company) to manage the condominium. Kindly guide me with the proper processes step by steps.
Thanks you and i really appreciate for your help.
Kuasa selaku agen yang dilantik oleh jmb hingga tahap mana tuk mengurus
Apa peruntukkan undang2 yang agen ada,
Refer to Strata Title Act 1965
Hi again,
I am now holding position as Treasurer in my area’s JMB. However, due to my pass differences with the JMB chairman, our relationship is not of the best terms.
The Chairman imposes authoritarian way of managing our JMB, along with the Secretary and Property Manager who are believed to be his friends or relatives. They openly award contracts and projects to companies associated with them to claim unreasonable amounts and to pocket the excess money. The committee members & owners are aware of this, but have no say of about it.
1) As a Treasurer, I disapprove and actively criticise the way the chairman allows excessive spending of the public funds, and making false claims of the expenses.
As I am still new, the Chairman, Secretary, and Property Manager frequently pass works to me that I believe is not within the Treasurer’s job scope, as a way to pressure me. Can I know what are the job scopes / responsibilities of the Treasurer in JMB?
2) Our chairman has been holding his grip on his position since 2008,and is not bowing to the pressure of committee members to let go of his position. Is there and Act or law that allows us to force him to resign and allow more trustworthy candidate to take his place?
Thanks.
Hi Andrew
There is certain issues, hiccups and point of law that needs to be addressed. If you really need proper professional advice please get in touch calling
Hp 014 2326268
off 03 2164 3522
Ask for Suba
Hi, we are facing a similar issue here. Recently the treasurer shared with me that the Chairman has be persuading him to accept kickbacks from the CM’s vendors. The treasurer is a nice fellow and he is at a lost on how to manage this situation he is in. We only formed the Management Committee last year and the next AGM is due soon. The rest of the MC are not aware of this issue as this was a private exchange between the CM and the treasurer. Throughout the past year, the CM has been appointing and approving vendors quotations without informing the rest of the MCs or even the Management Agent. He will then instruct the treasurer to prepare the cheques when payment is due. The treasurer is uncomfortable with this situation and he intends to step down at the next AGM. How would you suggest we deal with this situation?
Thank you.
Dear Readers
Sharing an article for your information :
Referring to your article dated Nov 29, āKelana Mahkota residents worry about abuse of RM1mil fundā, that contains allegations made by the chairman of the current joint management committee (JMC), Lee Ten Ming, I would like to make the comments below.
The acting chairman claims the previous JMCās books were in the red despite the residents paying fees on time, due to a lack of competence, and that this āincurred RM400,000 in debt to our accountā.
As a matter of fact, as at April this year, the previous JMC left more than RM140,000 in cash, RM1.053 million in fixed deposit, and RM166,000 unpaid to various vendors. Kelana Mahkota Condominium (KMC) has a 60-days credit term with vendors. The RM410,000 debt mentioned by the acting chairman may refer to the amount of Deposits paid by Parcel Owners for Water Meter Bulk, Renovation, Service Charges etc which some like renovation will be returned eventually.
The previous JMC also had to undertake a variety of remedial work and upgrades to the structure and facilities of the property, which were funded from the amount collected from parcel owners with outstanding dues. The sinking fund was left untouched.
The acting chairman further claims that he is not a signatory of the KMC Sinking Fund Fixed Deposit, nor are any of the current JMC members. This is true, for now; we have reason to believe that the minutes will show that it is a matter of formality before the acting chairman becomes a signatory of the account.
The acting chairman also says that the current JMCās monthly accounts are put up on the propertyās notice boards, and that they are therefore transparent to scrutiny.
This has been the standard practice of the previous JMC, which would also present the accounts at all Kelana Mahkota Condominium AGMs, and indicate in the minutes of meeting the purpose of the spending and amount involved. The current JMC does not do this.
The acting chairman claims the committee members Alex Tan, Harun Mizam and Adrian Wong were legally dismissed by a petition of fully paid parcel owners in June, under the new law (Act 663).
No such petition was ever initiated.
The acting chairman also claims to have a letter from the commissioner of buildings (COB) to validate his assertion that the dismissal was lawful.
We beg to differ, since no petition was ever called.
On the acting chairmanās claim that it is beyond his jurisdiction to call for an EGM, and must defer to the COB, the Act contradicts this.
Subparagraph 2(2) (amended) of Act 663, states clearly
ā(2) Where there is any vacancy in the post of Chairman, Secretary and Treasurer, the remaining members shall convene an extraordinary general meeting to appoint another members who are entitled to vote to fill the post. For other post, the remaining members shall appoint other purchasers who are entitled to vote until the next annual general meeting.ā ā¦
10(1) A general meeting other than the annual general meeting shall be known as an extraordinary general meeting.
(2) The Bodyā
(a) shall convene an extraordinary general meeting upon a requisition in writing made by the purchasers who are together entitled to at least one-quarter of the total number of parcels registered under section 12;
Harun Mizam is the Kelana Mahkota Condominium former JMC secretary. This correspondence is now closed.
– See more at: http://cj.my/post/7062/kelana-mahkota-condo-dispute-the-accounts-were-in-order-says-ex-secretary/#sthash.HYshQNiZ.dpuf
From: Citizen Journalist Malaysia
Hi
Would like to know what action and thing we need to do when a units is over stay? mean a condo stay more than 20-30 ppl in one condo/units ( all are foreigner ) tenant.
as JMB had inform the units owner/issue a letter but problem still the same. 2ndly tenant w/o rsident card/access card ( as per-condo rules all resident must hv resident card/access card to in/out from main gate) maximum 8 cards per-units and the unit is over-stay more than 8 ppl *( the rest are w/o access card) what JMB can do? your prompt respond is ery much apprecite.
BR, Kelvin
Thank
Kelvin
There are many issues that this Strata + BCPA+ SMA has/had not addressed yet. Reason being the wrong professionals was called in.
I must say that Mr. Tan Kim loong of HBA was the originator/s who had the courage, patience and guts of steel to push for some kind of regulation/regulators. Still there are problems that has not been looked into
For example when one Staff in COB office say cannot another says bolehā¦ā¦..and now we expect them to buat apaā¦.. not to say they do any sā¦.t at Maju Junction tingkat 17?
1) Anyway, only the proprietor of the unit must decide and record in the tenancy agreement. Seems like a hell place that i was Managing āCyberjayaāā¦ā¦ Iranians arabs, kazasthans honestly the Africans gave me no arguments.
As to the accessā¦ā¦.go back to no.1
if the proprietor still has more than 8 tenants ā¦..you can do thisā¦ā¦all other tenants not to be allowed to use any facility!!!! Get the proprietor, if he is late on any dues, give the pressure afterā¦. you had sat down and spoken to him.
But, this is the Building Managers Job Function. JMC must not get involved but to aide only when assistance is asked. Always have a friendly lawyer in hand(in payrol if possible) it only takes about 100 to 200 0r another 50 ringgit to send proprietor a warning letter.
Also here is where your House Rule Book will come into use if JMC had mentioned after proper advice fromā¦.. eā¦..rā¦ā¦ erā¦.. COB or a lawyer. Then legal action can be mooted
As to the Prompt reply hope this sufficeā¦ā¦.. my friend I also have to work lah. Like I said if an Act of Parliament is done with proper ārombongan pelajar ke luar negaraā then one will not need this site now would it ā¦ā¦yup, same goes to COB Maju junction too
Suba Pasu
0142326268
Hi,
On-going case here
I didn’t pay maintenance fee for the last 2 years because JMB did not report and audit account.
The agent disconnected my water on 24.03.2014.
same day, i make a police report. as expected police said not their problem.
Called COB – they said will call the agent.
25.03 – report to SAJ – same answer, not their problem, their authority up to bulk meter only
25.03 – report to Biro Pegaduan Awam (BPA) – regarding SAJ and COB of no action – no reply up to now
25.03 – report to SPAN – answer as expected, not their authority
27.03 – file online complain thru BN website – no reply up to now.
27.03 – file online complain to NCCC – no reply up to now
27.03 – submit official complain and police report to COB – COB said will call agent
On 31.03 – Planning to file another complain to BPA , file a complain thru opposition party website and file a web complain thru United Nation of Human Rights
And my suffering continues.
Give me idea what i can do further, i am willing to try.
Thanks
Tang
Try Tribunal Pengguna, pay around Rm10. Try contact KPKT, whether new Strata Management Act enforce? They suppose to have a tribunal already. good luck
Mr Tang
Please take time to read my replies/postings your answer is there.
Your last action and hope it’s stops there, is look up DBKL portal. Under Management/maintenance building/COB look for a person name Puan Kamariah head for valuation department. Forward your documents and etc to her. No action still then Datuk Bandar see Sec. Puan Rosmah No action still try Human rights NGO and get together a press conference
You can legally cut the lock and if any revenge taken by so call management take the heat then sue the F…….and hell out of them!!!!!!
You will win that I guarantee read case law on “clamping of water meter” (Google)
What is not legal cannot be legal nor enforced by any monkeys!!!!!!
The Police will take action on the wrong reasons these days and they don’t know S…..t about laws being enacted, in reading, gazetted and etc
This is way I said the bloody COB is a F….. waste of time and money.!!!!!!!!!! toothless!!!!!!!!!!!!!!
I have to remind them on the clauses of the BCP Act 2007 most of the time. A bunch of bloody idiotic 3rd grade ….tidak apa attitude ……hai yah just no words in vocab. to name them
Before I forget see also HBA Housing Buyers Association at jalan Imbi…….you may see me there and they operate only on Saturdays
All the universal best of cosmic luck ……..you’ll need it i assure you that
do give me a call we can fight this together with others on the same boat
Suba 0142326268
Stratified Consultant
Building Management
im sorry but i posted my previous msg wrongly
i need of some advice.
I have some issues with my management im staying on 15th floor highest floor in my apartment.
I have change of management 3 times in the past 5 years
my challenges with the committee.
1) I have complained several times that there is a leakage on my roof
2) My water pressure is too low ( which was not something i faced when i purchased the house)
So i have decided to not pay the maintenance until it has been rectified.
below is the email conversation with the office and the chairman.
Do advice if im not being fair thank you.ill leave the name out
Attn: Committee chairman
As spoken t Msā¦.., we would like to request for interest deduction for the outstanding maintenance payments.
We will settle the maintenance fee accordingly provided the management/committee issue a letter stating the confirm date to repair/change the roof-top as the roop-rooftop is getting worse day by day.
We, the residents of the top-floors, having nightmare during rainy days as the water leaking badly into our houses. Apart from that, the pressure of the water is low, making it difficult execute daily task. The allocation of the carpark also has not been resolved please do rectify it as weāre experiencing great inconvenience .
Your consideration is very much appreciated
****from the office staff*****
Dear Mr.Jon
Noted your request & complaints.
A) Regarding the repaired concern as bellows:-
a) Roof Top Water Leakages badly into the unit.
b) Water Supply Pressure Low to unit
c) Car park allocation not resolved.
Reply from Management as follows:-
1) Item A & B ā Kindly refer to council members for you to obtain the answer pertaining this
matters due to myself representing management is not the person to make discussion for
repairing matters. Management or myself also follow instruction from Council Members
than only follows thru.
2) Car Park Allocation ā Kindly comes forward to management to clarified this as we does not
know or received any complaint pertaining this matter. Management have indicated parking
lot number which your unit PSS1502 are A6. Your unit only designated only 1 parking lot
by the developer.
B) OUTSTANDING MATTERS
Pss1502 having outstanding total amount RM 5,717.69 inclusive during Raine & Horne.
Management have received instruction from Council members and to inform you that have to pay 50% from the total amount as belows:-
a) 50% ā RM2,859.00 ā April 2014
b) Balance RM 2,858.69 could pay by 3 times ā RM953.00 (May/June & July 2014)
and also with the current monthly invoices.
If you not satisfied on the above suggestion you may make an appointment with the council members by the appointed date by the council members.(Subject to availability)
Thank you
*********Later in the evening the Chairman sends me this******
Hi,
Rest assured those money your paid to the management will be reserved to settle Rooftop Water Leakage issue and also the Low Pressure for the water at 15th floor, as soon as you clear off all your outstanding payment of RM 5,717.69 + Current months we will start the necessary works for the rooftop and water pressure. So the faster you clear it the faster we can start the works. Please let us know your decision latest by 18 April 2014. If there is still no agreement between you and the Management then we will force to take the necessary action to do the water cutting on your unit on the 21st April 2014.
Regards,
Hi Chong and Mr.Dzulkefly,
Thanks for your reply.
I would like to know several things before we move forward.
1) Thank you Mr. Dzulkefly on the break down payment suggested, In the previous email i have also stated regarding the deduction of interest and the amount paid but not stated on our statement which might have been overseen ,anyway i believe previously spoken to raine and horne they are able to help us with the deduction on the previous outstanding but we have to request balance of deduction from your end as advised by Raine and horne. So on the amount stated above RM 5,717.69, is that amount after the deduction of interest? if āYESā thank you very much Please print out a statement without the interest and we will proceed if āNOā then who can i speak to regarding this matter i would like personally come over to speak to him and get this sorted ASAP.
2) Iām Clear with Mr.Chongās dates on the request of payment . What i am not clear is the date of the repair work and completion date of the repair. Assuming we get this sorted by the 18th of April will the leakage of the roof stop and water pressure rectified whereby all my current toilets and kitchen is able to function at the same time of usage with good water pressure by the 2nd of May 2014? if its not sufficient give me a fair time that the committee is able to rectify.
I hope this get clarified soon, my mum will be coming over to the please do explain to her today.
1) Deduction of interest
2) Amount of time needed to rectify
***** This was my last email*******
no reply and no body was there to explain to my mum since im not around to go myself
How can i fulfill my part if they dunno not do theirs. i was willing to sort the payment but i was replied with a threat about cutting my water supply are they able to do so?
help much appreciated.
may i ask, now my apartment facing the same problem where’s the JMB no performing well, three years no AGM, no presented the financial report to the residential. the question i would like to ask if during EGM, 1/4 of the residents attend the meeting and planning to kick out the JMB, can it done in EGM ? if yes, can our residents of the apartment manage our own by forming new commitee members without JMB, we hire office staff, hire a new security group , does it work?or must lead by under JMB?
Good morning, I have a few additional questions about JMB.
1) Is it compulsory for JMB to have a Property Manager?
2) What are the common job scopes of the Property Manager?
3) Does a Property Manager have rights for decision making?
4) Can JMB hire clerks to replace the Property Manager instead, and to perform the same works?
Thank you.
Hi, please let me clear about this. I got an information that the unit of chairman at my condo is not under a person name which is belong to mr.chairman in person. The unit is registered under the chairman company name. eg:the chairman name is mr.abdul. and the unit register as mr.abdul holding sdn.bhd.
What make me wonder, can mr.abdul be the chairman? can he attend the AGM as resident or any other way to make sure he is wrong or right?
Hi
I hv one question to ask : in ours newly condo some of the stubborn resident never pay maintenance fee at all. And we hv issue a warning letter and also block the resident car access card, result still the same. Can we issue a lawyer letter to due this stubborn resident?
Best regards
Kelvin
hi
i have a serious issue wanna to ask and hope to get some feedback or suggestion. On 29th Apr 2014, there was a noticed from security company to informed our apartment against owe one year security money with total RM356 thousand plus (from feb 2013 – march 2014), and the security company warned the residents need to clear the total of outstanding, otherwise there is no security start from 15/5/2014.
the residents felt weird that we paid the maintainance fee monthly, where all the money gone? even during the EGM on 12/4/2014, the management company show the a/c we paid for security services every month. With the issue like this, can we go SPRM to ask them interrupt in our JMB and management company financial report, because there is something related with cheating case? Need some help urgently!, Thanks
Hi Chew,
1) Can’t understand why the security firm warned the residents to clear their outstanding, and not to the MC?
2) Even though during the EGM the MC showed the a/c paid to the security, is there any members on the floor asked for proof of payment / receipt?
3) There’s nothing to do with the SPRM – that’s election commission and not in charge of strata title. You should find COB.
dear shally yuen,
me and my neighbor try to meet COB head, but seem like he try to push away the responsibility too. the funny thing was our JMB financial report never been audited by any auditor until now but COB no take any action.
please update this article. Building and Common Property Act 2007 is repealed and replaced by Strata Management Act (Act 757)
Act 757 only gazetted, not enforced yet.
Yes it’s x yet enforce, but they Tgt this year
hi,
Carrently i’m staying in Desa Park Serdang, as a residents, we are require to pay RM 250 a month for security and sinking fund. after 6 months, and the statement of account shown to us, we found out that actually we got cheated like the security fees and guard house electricity fees all not tally with supplier invoices. the developer is making money from the maintenance fees we been contributed.
in this case, what can the residents do?
Complaint to COB. When new Strata management act enforced, can also claim in that tribunal. good luck
‘URGENT’ Anyone can tell me which Act is mentioning what’s the procedure should be follow when want to use ‘sinking fund’ money? because the ACT 663 only mentioned what’s sinking fund and what’s the purpose and usage of sinking fund. thanks
My unit is at the top floor. The rooftop is leaking badly and resulted water seepage into my unit. This condo is managed by Joint Management Body xx sdn Bhd and I have been paying the monthly maintenance fees on time. I have informed the JMB many times ( almost 1 year) on the rooftop leaking issue and no action was taken. I had also hired my own contractor to have a look at the rooftop leaking issue, this issue is most likely due to the multiple cracks on the rooftop (cement) and the water proofing not done properly. Any advice on how to move forward to get the rooftop fixed? Thank you.
Mr Fung
Developer has a seat in Council during the JMC period. All the JMC need to do is to ask/instruct the developer to diagnose your issue and make good if any on the problem.
This must had been advice by the building manager on your matter to JMC and JMC to developer during JMC monthly meeting or JMC EM.
Since the COB is er……have people ……..!!!!!!!!!!!! any miss management
of the JMC I think report to MACC at least they are doing something about something these days
Suba Pasu
0142326268
Consultant
I am living in a 5 blocks apartment in Penang. It’s been more than 12 years and we do not have our strata title yet. Our current new JMB is still working on it. After 5 years there is no result yet.
We wanted to know if there is a possibility to break up our block for management. We do not trust the current JMB and have no confident in their dealing with day to day activities. We wanted to manage our own block and to have our own JMB instead.
Steven,
Ask jmb their activity,job task,account.If they failed to do that.Get a prof.Next AGM, select new JMB.Make sure u paid all maintenance fees without fail.
Good luck.
Hai, i would like to ask one thing, Currently my condominium management charge RM200( RM20 for access card + RM180 for annual fee) annual fee for each access card for tenants. As i know there is no such thing exist before. Could you please help me on this issue.
I am a lawyer at Templer Impian Condo. Management disconnected water without notice. Am taking them to task. Please support. call me at 019-3511 339.. The Commissioner of Builiding Selayang advised me that JMB CANNOT DISCONNECT WATER!!e-mail shanmugamsumathi@hotmail.com
Your JMB did not read their Deed of Convenant before they disconnect the water supply…yes…bring them to task!
How do I locate JMB of Wescot Taman Sri Sentosa?
Hi Sirs, I have a situation whereby my Committee in JMB has decided to proceed with cut off the electricity supply to the Defaulters. It is a valid action?? if so kindly explain.
Dear Natul, only TNB people is authorized to do so. On what basis is your JMB authorized to cut the electricity?
why the apt i’m staying still using the bulk water meter instead of individual meter? sometime i use less than RM20 per mth but i still have to pay my management. can’t jmb do anything or enforce my apt jmb committee?
My apartment (Bistari Impian, Larkin JB) has stopped water for one block as they claim a pipe is broken. They stopped water service last night without any notice. The water didn’t resume even in the morning knowing everyone needs to go to school and work.
Calling the management didn’t do anything. This is not the first time this problem occurs despite paying them maintenance bills.
What should we do? Anyone can take action against the management? No one is even working on repairing till 9am.
Dear Sir, can JMB elect new member in the EGM and to increase from 10 to 11 members? Since the AGM quarum is after 30 minutes of x%. What is EGM quatrum?
Dear all, we would like organise a simple coffee & demo session to introduce our strata management system that includes a free self-service portal for owners, council members and managers. After implementing our system in Malaysia, we realized many properties and managers are using corporate accounting method and system that was not specifically built for strata management, plus lack of tracking and security features. We believe council members and managers should have full transparency and real-time information on their propeties at anytime, anywhere. Let us know if you guys are keen to participate. It will be nice if someone can take this opportunity to share his opinion on GST and JMB role. Let’s make this happen and shake up the industry to learn what others are doing right and we are not! We will be sharing with you how Dubai,Australia and 10 other countries benefit from using a proper and recognised system and procedures. For those who are interested, please drop us an email at eugene@mystrata.com. We will email the inviation to you! Thanks.
hi, i hv a question… im staying in 5 storey apartment with lift and this apartment only carry 2 blocks with 80 units only( very low density residents ) .. ok now my problem is ..lift at my block was not operated almost 4 mths due to broken… as first JMB was told us that waiting for claiming from insurance .. almost 1 1/2 mths waited then only get knw that insurance was not renewed …. what shell i do… and where to lodge a report abt this issue … kindly guide me…
we collect the key of our apartment on end of October 2013.
up to today (14th Oct 2014), the management still refuse to advise the date of held the first meeting and also date of set up the Joint Management Body.
many minor issue havent being fixed too.
are they against any law?
hi, I would like to know who’s responsibility if the main water paips go into the individual apartment befor meter ? this water paips leaks and cause down stairs apartment ceilings wets .
JMB staff whose stay in apartment have more than 1 parking… and empty parking lot not allow to other park…. please comment -Flora Damansara Apartment
Hi. The JMB rents out the utility room on my floor to some foreign workers and i want to know whether that is legal? I have since lodged a complaint 5 days ago and they have yet to respond. May i know what avenue can i seeks to resolve this? Thanks in advance
Hello everyone! Need advice. My unit leaks to below unit. I just got to know about it when the tenant told me and I told them to go mgmt to report and let mgmt deal with me. In parellel I get my plumber in to check. After a few weeks, out of a sudden I get called 1 day 4-5times and lots of SMS from owner and tenant. They said management office not able to get hold of me and they keep sending messages on behalf. I told them to stop calling me during working hours because it affects my work. The call still went on about 3 weeks. In between, I called up management office to arrange view and rectify but at the end only me and the other unit owner and I let them in to view my unit. Than I email to the management office that I will give them 20days to settle the leakage which are under warranty (special to our project which is in s&p).but management office wants to earn extra, keep delaying and force me to pay their appointed contractor. The below unit owner cares nothing but his tenant who threat to leave if he don’t settle the leakage. They both call and force and scolded me and at the end they even spread to many residents and stick paper on my grills with some glue which my paint came off. Now, I got angry and I told them I won’t even wait till 20 days period up, I will stop allowing them to come in. After I show my anger, they send me email saying they will ask the warranty contractor to come inspect but I insist they apologize but instead, the management office wrote a letter to COB and the below unit owner told me that he will not apologies because my unit leak to theirs and that I did not listen and respect them and I rather save a few hundred and wait for the contractor with warranty, name calling me and hang off. Later owner SMS me saying cob will take legal action and send pegawai to warning me and the whole neighborhood will know about my unit leak and If I don’t let cob enter my house, they will ask police to handle me and even summon me for all the damage.
Seriously, can I just ignore them until they apologies? I am very upset they scold and shout at me and keep calling me and SMS. I am a divorcee and I have a baby with me. I really do. Not want to have strangers knock my door and summon me but I think I deserve an apology are being treated with respect. The owner even said I am a bitch and that is why my husband leave me. What have this to do with leakage?
the management officer(Boss) at my place drive expensive car, I believe he cant effort unless he play with ……………….
Hi
MY name is Baldish. . My unit which is in Villa Wangsamas has had walls all moulded due to the above unit undertaken some tiling repairs in the bathroom. The management knew about this but didnāt want to tell me about this till I got some specialist in to do some thermal imaging and after that a few weeks later he told me he thinks that the above unit has had repairs done in bathroom. Now I have been waiting for them and nothing has been done so far. The management rep told me that he will get a contractor in to view the unit above and we can discuss on what went wrong. My whole house has been moulded now with mould bugs. What kind I do or what are my rights before I can actually take him to court for negligence and the property management representative not admitting that he knew when he actually knew. Can I take the condominium management rep to court and also the unit above? How long notice I need to give them to repair it before I take legal action??I really need some advice as my whole house is rotting just because of the unit above undertaken some renovation and damaging my unit.
Regards
Baldish
Dear JMB
I would like to know whether the Management company and the Condo Management Committee have the right to stop contractor’s workers from coming to my unit to renovate and also to impose fine without any prior or written notice.
I have not received the minutes of the meeting when they impose a fine of RM300 per day for foot/shoe on the common area?
Regards
Evelyn TEE
My apartment management not sharing and publishing their expenses report. Allmost 4yrs I’m staying here but no any
Can we sue the JMB for motorcycle clamping in owned vehicle lot in condominium although the house rules have been gazetted?
we do not satisfy with our shop apartment management due to frequen water disruption(water cut by syabas) due to management office sometimes didint pay(or late settlement) water bills. we collected majority owner to ask for water meter seperation. what is the procedure next who to refer? the manegement keep delaying the meeting. what can we do now? pls advice. thanks , your urgent reply pls.
Can comittee member reject propsal that been brought up by chairman or v.p.
In the council meeting
Council meeting if pax 4 person can gave meeting
Current c.m 9 member
Sir,
We purchased Krystal Court townhouse and officially owned it in April 2009. The management people here asked us to pay all the debts of previous owner since 2002 which total up to RM10k. We have all the proves, receipts, SAP and other related documents to shows that we only started to owned by the house by April 2009 and the previous owner already paid and settle everything. Unfortunately, the management didn’t accept it and our house lawyer advised us to pay it. I don’t understand, what is the purpose of hiring lawyer to purchase a house if they could not help us to prove it to management people and we have to bear the amount that is not suppose belongs to us? Is those SAP and other which so-called official documents are useless? Please advise.
We have a problem with our apartment, we use access card to enter our apartment ever since we bought it and now the management is implementing finger print system and wanted to disable all card access, many owner have find it very inconvenience if our relative coming to stay for few day or week we need to register their finger print at the management office if they come on weekend then we need to wait until Monday to able to register and at this time we need to personally use our finger print to open the main gate for them, another thing is not everyone feel secure to provide our finger print to the management, but the JMB have decided to take this action without many people concern, my point is does JMB have the power just to forcefully implement such a system and force owner to register their finger print without all owner concern? should they call for a meeting first before decide to implemented?
Hi,
I owned an unit in Park 51 Residency, but the management is really bad. I’ve paid RM1200 for the renovation deposit and for unknown reason (compulsory) they charge me RM200 from my RM1200 deposit as ‘Admin Charges’ (Why no full refund as there is no damage to common area and lift????). What is the ‘Admin Charges’ for? What kind of admin task they have done to my renovation?
So I decided to call the management to find out the answer. I tried called since monday(1/6/2015) but i was told by a guy (who answered my call) that the 2 person in charge was on leave and on MC. Ok nvm, i called the next day I got the same replied.
Today (5/62015), i called again. Finally, 1 of the admin back to work but she said all the renovation deposit matter should refer to account department but the person in charge is on leave!!! (what a Tai Chi).
Beside this matter, I also had another bad experience with the management after they release the key to me. I rented my unit to my tenant right after I got my house key and my tenant moved in few days later but the water meter was not install and no water supply! After few complain, finally the management gave me the plumber number and ask me call myself!!!
I wonder why I need to pay the maintenance as the management not doing their job!!! What so difficult to get the basic thing done? Am I too much to ask them to get my water connected (It is a very basic human needs OK). Such a simple job also cannot do. I really can’t imagine when the condo getting older how the condo will be?
Joanne, I can empathize with you. Near where I stay, there is an apartment whose residents just throw garbage along the streets making it unsightly and smelly. In a lot of cases, as a single voice, MC will ignore but if you have more people singing the same song, then it may help. If you think it’s useful, I can help you create a feedback form that is accessible from PC/smartphone, and you can share with residents. Every can just click on issues (no email/id required) that they are facing which they can easily show to MC how severe the issues are.
can developer representative vote during JMB meeting? or only JMC can vote and make decision.
Can JMB block access card and entry for owners if late payment of maintenance fees not exceeding 3 months before a proper letter issue for late payment? Accoding to my JMB , they have house rules stated that they can do that. In fact, they show me the house rules. But i wasnt too sure wether these house rules has been approved by the commissioner or simply created by JMB… anyone know where can i read these act?
Can the management block our access card from entering our unit if we default in our monthly maintenance fees
JMB is the worse management.
Sir/Madam/ Whom it may concern, Good Day
My name is Arvin and I’m from AKVS Aqua Clean Sdn Bhd Management; we provide waste water disposal service, plumbing work, renovation and so on. Would like to seek for an opportunity to work together with your respected behalf. Upon our request, we will be very much glad if you grant us with an appointment to further explain on our services.
Thank you and looking forward.
I need an advise.
The lift at my unit has broken down since 2013 and not yet repaired until today. The reason was because there was not enough funds to have the lift repaired. In total my area has got either close or at least 50 lifts. Since 2013, I have been paying the monthly dues and only until recently when i found out there are other lifts that broke down in 2014 but was repaired immediately, hence it looks like funding is not the main issue. What kind of action residents can take to ensure our problems are addressed? between 2013 and 2015, I think at least 4 times the management body has changed.
Hi i am doing a piping job and waterproofing.. Any JMB need a waterproofing/plumber contractor can contact me.. Kl/selangor only.. My emel baimvenicehill@yahoo.com
I need an advise
My unit is a complex shop lot. I’m one of the committee apoint in year 2012 but was not infome of any activities by the JMB. Since the JMB form in year 2012, till todate, the financial report is not out, no AGM , developer is control the JMB and therefore the developer is not paying any maintenance since day 1 till now. The common area has been renting out by the developer and collect the rental. I have queries the management abount the financial report but no answere from them.
All the decision and rules had never call for the committee meeting. Decision is made by the management manager and staff. Every month I need to pay almost 20% of my rental to the management. Can I stop paying the maintenance fee? Is the JMB still legal in this case.
JMB start collected the motor park rental, even owner also need to pay, is it they can do that?
@alan siow
If its common are and approved during them AGM/EGM
then yes
Hi, can JMB committee check other owners statement of account and do adjustment on the statement (giving waiver without proper document) as they wish?
Dear Arvind,
The JMB committee especially the Treasurer or the Chairman has the right to check the owners statement of account. But to do any adjustment for e.g. waiver of interest and other payments, must require the approval of the council member. In some JMC, there are some standing instructions preapproved by the council on the authority given with limited power to the Treasurer or Chairman.
I paid a deposit of RM500 for renovation, I told to contractor to obey the house rule however, the contractor throw the stuff outside of the apartment outside the grill where the place for other people throw the unuse simen, kitchen cabinet and ect. The contractor did not throw anything inside apartment or inside the area belong to apartment. The management told me if I not get my contractor to clear the stuff the deposit of RM500 will be forfeited.
Dear Khairul,
In every Strata Title community, there is what we call the house rules and regulations. It covers the conduct of every one in this community including guests, vendors, suppliers and contractors. In your case, it is very clear that your contractor did not abide by the house rules that all construction rubbish must be cleared by the contractor. I f not, you will find your place as a rubbish dump by others as well. THe JMB has the right to forfeit your deposit because of your contractor failure to abide by the rules.
The contractor said he did not do anything wrong as he threw the rubbish at the place where people throw the rubbish, he said, unless the place that he threw the rubbish i.e parking area, lift area, garden, inside apartment area or the place with signage i.e “Caution Do Not Throw Rubbish or you will fine RM500” then he can come back to clear all the rubbish and last, he said, why we need to clear the rubbish in the rubbish area.
Legal adviser, please take note that, the contractor didn’t throw the rubbish inside the apartment area, they throw it under MPKJ area not under JMB area.
Legal adviser, can I get back RM500
The contractor said he did not do anything wrong as he threw the rubbish at the place where people throw the rubbish, he said, unless the place that he threw the rubbish somewhere in parking area, lift area, garden, inside apartment area or the places with signage i.e āCaution Do Not Throw Rubbish or you will fine RM500ā then he can come back to clear all the rubbish and last, he said, why we need to clear the rubbish at the rubbish area.
Legal adviser, please take note that, the contractor didnāt throw the rubbish inside the apartment area, they throw it under MPKJ area not under JMB area.
Legal adviser, can I get back RM500
Hi Legal adviser,
Saya khairul Azman, saya Pemilik dan tngal Di apartment Sri ixora P14-08-01 , sebelum ini saya pernah diberi amaran kerana telah melanggar house rule.
Tapi hari ini management telah melanggar house rule dimana membenarkan kontractornya bekerja sampai sekarang 2228hrs.
Saya owner tapi saya perlu membayar Lebih kepada kontractor untuk Membuat renovation kerana kontractor hanya dibenarkan masuk pada pukul 10.30am hingga 6.00pm Jumlah 7jam dan 30mnt peruntukan utk sehari , Jumlah hari utk Membuat renovation rumah say adalah dari 1-20/04/16 Jumlah 20 hari legal adviser boleh buat semakan Di JMB sri ixora
Tujuan saya Membuat keterangan ini adalah kerana pihak management tidak adil dalam menjalankan tangungjawab terhadap Pemilik, pembekal, penyewa, tidak ada kecemasan kenapa perlu biar kan contractor buat kerja sampai malam sudah ada Pemilik atau penyewa yang dah nak mampos ker?.
Jika tiada respond dari pihak legal adviser, Saya akan print screenascreen dan masuk kan dalam Facebook, intagram, Twitter dan IM4U.
Wrong place
Sorry En Khairul,
Baru sempat baca email hari ini. Pertama, tempat pembuangan sampah di dalam kawasan kondo merupakan kawasan common area. Common area termasuklah semua tempat spt tempat letak kereta, padang permainan, tempat sampah, kolam renang, lif dll. Common area adalah di bawah pengawasan JMB atau MC.Sekiranya kontrator tuan membuang sampah di luar kawasan common area iaitu di luar kawasan kondo tuan (contoh tempat sampah awam), pihak JMB atau MC takda hak untuk mengenakan penalti atau denda.SEkiranya benar seperti yang dikatakan oleh pihak kontraktor tuan, pihak tuan boleh membuat tuntutan kepada pihak tersebut dan pihak JMC tak da hak untuk mengenakan penalti tersebut.
Dalam perkara kedua, memang jelas bahawa pihak JMC tuan tidak mengikut piawaian house rules yang ditetapkan kecuali kalau ada kecemasan, Tuan boleh membangkitkan isu tersebut kepada pihak COB dan juga semasa Mesyuarat Agung. Pihak tuan boleh mengunakan kuasa untuk mengundi AJK yg betul betul jujur tanpa pilih kasih.
Dalam permasalahan waktu kerja yang ditetapkan dlm house rules, pihak tuan boleh membuat usul untuk memindakan waktu kerja tersebut di dalam house rules. Ia perlu dibentangkan dan dipersetujui dalam Mesyuarat Agung/Khas mengenai usul tersebut.
terima kasih
Dear sir/madam,
I would like to seek your advise in the following matter. My condo has a JMB which was formed with 10people, now it is left with 3 voting members due to resignations. With this in hand, a group of residents have volunteered themselves to join the JMB to take up the positions. However, the 3 remaining members ignored the group of residents and continued ruling the condo. To our udnerstanding, the condo funds are running at a deficit level. Is there anything us(the residents) can do to stop the 3 remaining commitees from ruling the condo? Is there an authority we can seek for to host an EGM ?
Appreciate your advise. Looking forward to hearing from you.
Thank you.
Dear Patrick,
The minimum numbers of members in any JMB are 3 people. These peoples were elected during the last AGM and shall remain until the next AGM or resigned or incapable due to bankruptcy/death/misconduct.
It is a noble idea to have a group of residents who volunteered themselves as members. But unfortunately, the existing members have the right to refuse for any new appointment into the committee as the JMB has met the minimum numbers.
The solution for this is to have an EGM, to appoint additional members into this JMB. An EGM may be convened upon a request made in writing made by the following
1. At least one-quarter of the total number of registered parcel owners with JMB or
2. When the JMB receives a orders from the Commissioner to conduct an EGM or
3.When the JMC feels it is necessary to call for an EGM
The resolution for the EGM must be stated clearly i.e. appointment of additional members to the JMB.
I hope this help to answer your queries.
Dear Sir/Madam,
I needed an assistant and infomation regarding my medium cost apartment about maintenance fee.
Could anyone direct me who shall I contact and speak about this matter.
Thanking you in advance
Dear Suraya,
I m not sure what exactly what you need to know about maintenance fee. If you have doubt, you can refer to your JMC or MC and even the COB for information.
But briefly, the maintenance fee is a compulsory payment by all purchasers of strata properties. This fee will be used for the maintenance of your property including landscaping, cleaning, security and lift operational. Your maintenance fee will be stated in your SPA when your bought your property from the developer.
Dear Sir/Madam,
I would like to ask, if prior to the formation of JMB the Developer must take care all the maintenance duties. In order to perform that duty, the Developer employed workers. What happen is that the maintenance charges collected from the unit owners is not sufficient to cover the wages of those employed for the maintenance job as the Developer gave priority to the utilities first and then the wages. The Developer pay these employees from his own money to cover the shortage.
After the formation of JMB, can the Developer request from the JMB for the refund of the shortage amount which has been advance by them?
Dear Khirun,
Before the formation of the JMB, its the developer duties to manage the property. This include the collection of all maintenance fee, sinking fund, insurances, quit rent etc from the purchasers. However, in some development, we will find stubborn owners who refuse to pay a single sen towards the fund. But they are enjoying the common facilities provided in the development like security, cleaning/servicing, maintenance and etc.
The developers will pay all the services above from the collection received from the purchasers. However, at times there will be a shortfall in the collection from the purchasers and they need to inject/advance towards the development in order to maintain the sustainable living condition of the strata title property. The developers are entitle to be reimburse for all the charges made from their own advance.. And they also are entitle to charge a reasonable fee to maintain the property, This include hiring of workers, technician/chargeman, accounts and management.
Dear all who can help,
I have paid my dues as but I keep getting wrongful invoice with unjustified payable amount. I’ve spoken to the clerk and written email to the management with receipts and proofs but to avail. Management only managed to replied some of my emails saying they would allocated the outstanding but have not done so as I still get wrongful invoices for subsequent months and have now remain silent on the matter. A discussion between myself and Mr. A rep of JMB where I’ve proved myself clear from any outstanding and he has assured me that by June 2016 management will rectify my accounts and New invoice will
Be issued. Then comes a sudden final reminder with claims to arrears of rm 2k payable or else late payment interest will be imposed and disablement of
Access Cards and rm 100 penalty for
Reactivation of card will be charged. The reminder also threaten to report to
COB for court order to
Seize my property failing to settle the outstanding management fee.
What are my rights against the JMB with regards to this matter?
Dear Sir,
My advised to you is to have a proper documents of all the receipts, payments and invoice that you have..
I m not sure why in the first place that when you reported to them about all the errors in the billing, the JMB has not doine anything about it.
There were instances whereby payment made to JMB were not recorded but a false receipt were issued to you by the dishonest clerk or. by the JMB members. If that is the case, you are not responsible since you have the proof of payment to JMB.
I would suggest that you clear the matter first with the JMB especially the Treasurer or. If that failed, you can file in you complaint and report to the COB for wrongfully billing you and also denying your rights to enjoy all the facilities
Needs advice. Can JMB rent out common car parks inside the property compound to outsiders monthly?
Hi, need advise.
We are small medium enterprise that currently operates as home-based office, located in One Stop Residence. Our nature of business is Sales.
Supervisor / Manager of the security team of this building is spreading untruthful matters regarding my company and defaming my company’s reputation. We have heard complaints coming from my staffs, that this lead to a serious turnover especially among the new hire. Moreover, the security team here always behave and work as they wish. They can be rude, ignorant and unhelpful to the tenants, as there is no proper escalation or hierarchy to monitor their misbehavior.
The reason, i’m writing here to find the right person or team to escalate this matter, as i was informed that this building is under JMB. It is so unfortunate that every time myself / my team have any issues related to the security team, i will be directed to the ‘Management Office’. Once i reach there, i will be directed back to previous team that is the One Stop Hotel Management team. It is so awful, that One Stop Residence, Hotel & Office, functions without a Management Office. The blaming will go on forever between the Management Office and the One Stop Hotel Management team.
At the end, we tenants always left out without anyone even to take the complains. I hope, my sharing will be assisted with any of your guidance. I have been in this premise for the past a year, from the very beginning until now, i don’t know the Management Team. Please assist on who can i look for regarding this matter, as this is kind of behavior is extremely inappropriate and totally unacceptable.
Thank you.
Dear all,
Please advise whether a condominium can be used as a homestay? Our block is not a service apartment.
Thanks for the guidance
Hi,
Need help on this….how can JMC impose legal fees onto my maintenance fee & sinking fund billing acct.?
Background info:
A small group of owners won the case at tribunal court and JMC refused to pay us as awarded by tribunal but to forward the case to high court. While hearing is in progress and AGM is coming soon, we noticed that a sum of legal fee has been included into our acct. statement.
Please advise.
Thanks.
Grace
Sorry for the very late rely
JMC or MC are not allowed to clam water
Why so weak the management
I do email , sms and one hard copy
On statements
Now write a Letter and give them three days
To give you a reply
Then write another to Strata tribunal with photos and letters
Actually cannot
But if there is no any nuisance and noice than ok LAH
What the difference between a rental and this
Besides the period of time
This is where the management must take control
Make a polis report and another with the tribunal ….. Don’t send it your self group together and engage a lawyer and let the lawyer do everything
Do not pay there is no such thing !!!!!!
When a property unit is sold, does the owner needs to get the JMC written consent before the unit is finally transferred ?
What if a new purchaser buys a unit and later finds out that there were some outstanding management fees ? Can the JMC collect the outstanding from the new purchaser ?
Hi,
I just want to know whether I can sue the JMB for not paying quick rent for my building.
What is the penalty to developer for not setting up a JMB within 12 mths of VP? What recourse does the owner have towards the developer?
Does the JMB requires to pay the developer rental for the administration office space?
what is the differences of Management Corporation and JMB?
hello JMB..i stay at apartment permata at bandar perda penang.i have complaine about parking lot.have one car for dispose or not use.all tyre dont have air pressure.so i about parking car very limit.car park for the car not for stone .so need solution as fast as possible
if he is parking on his personal lot, Management cannot do anything as he/she does not enroach the common property or cause nuiscance to other residents. If Management insist of removing the car by force, Management can be sued in court. However, the Management should be abe to appeal in court to get a judgement in towing out the vehicle, however I doubt court will cgrant that judgement..
Hi,
My neighbour keeps parking his car and placing all his stuff in the common property area and refuses to move them. These are not small items,these are exercise machines his clothes line and such. He also broke the management’s car clamp when they clamped his car for being parked in the common area. Is there anything I can do ?
You pay your management to perform their duties. If clamp is broken, ask them to repay, else launch a police report . Nothing should be placed on the common property as you guys are staying on a shared environment. Again your management should be able to handle this case. If they can’t then change the management.
If the JMB is not repairing the defects and/or not providing satisfactory maintenance service on common area, can we get it repair by ourselves and charge JMB?
Hi Eric, You may , but your management team needs to be informed on what you are planning to do. So it is best to discuss your intentions first to prevent conflict of intrest. For example, the sewarage is clogged and your managers do not seem to be doing anything and you are a plumber. So there is conflict of intrest and they may reject if no quotations were canvassed for before the job is carried out
Haiz, i complaint to Miharja condo office, my unit leakage problem. First time i fill in complaint Form. The Manager no sent go complaint letter to upstairs. After the manager resign i ask again. they lose the letter, Then need me to fill in again. Low Working attitude. After fill in the just sent one person to see hv leakage or not, no check the leakage problem and issue a certificate of inspection responsible by who? save money to hiring lessen constrator
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I own three contiguous car parks in an apartment block. Without any warning, the JMB decided to build a low barrier on one of the car parks, so I am blocked from parking on the last car park unless I drive around the block. Is this trespassing on my car park?
If the barrier was built on common driveway, and you are still able to access your parking lot, it cannot be considered as trespassing, nor restrictive actions.
Thanks for your reply.
In this case, the barrier is built within one of my car park lot and not on the common driveway. Thus it hampers my mobility within my two carpark lots.
Would this still be considered trespassing?
Dear Sir/Madam,
Duty of developer is to convene the first meeting of Joint Management Body within 12 months from the date of VP.
But our developer was fails to convene the first meeting of established the Joint Management Body for more than two years.
I saw by laws and legals,
If the developer fails to convene the first meeting, the developer shall be liable to a fine not exceeding Rm25,000 or imprisonment for a term not exceeding three months or both.
As the resident and owner of the apartment, we had meet together ourselves to form the Joint Management Body.
Please give some advice what we can do with the developer.
Thank you.
Dear JMB
I would like to check the water piping outside my unit in the building is this under common property ?any damage on this repair cost bear by owner or cover under maintenance fee ?
And if we suspect the damage of water pipe leaking caused by the contractor hire by management what should we do ? Thank you.
if you suspect so , then it is. The management will check upon your feedback in black and white
As per AKTA 757 2013, the common Property is when an item is serving 2 or more individual.. Menceritakan, IF the Pipe is only serving water supply to you, This it is considered as private Property/ Owner’s responsibility..
Suspicions cannot be used in court, thus you need to prove that the damages is caused by the contractor, unless of course your Management Office is lenient enough to consider bearing the repair cost..
Dear sir/madam
My unit external water small leak(meter to water tank) causing water drip to 1 car park lot and now the management inform me to exchange my parking lot with another until I resolve the issue. Any advise on this? Thanks.
Dear Sir/Mdm,
1::How did JMB getting profit from this businesses?
2:Which party should to responsible of the Facilities Maintenance cost?
3:What is the body could give educate of consomer about JMB?
4:What is the meaning of Strata Management?
5:What is the basic principles of JMB?
6:How JMB find the fund to financed all Facilities maintenance and repairing cost?
Regards,
aman
Dear Sir / Madam,
I needed an assistance & information regarding the lighting rules at the common area and parking lots for a medium cost apartment because recently our management had turn off / shut down / off 40% of the lighting and even several compaint had been made they had just ignore and do nothing but every month we still pay the same maintenance fee.
My quiries is DO they had the right to do so?
Please advise.
Thank you.
Regards,
Valerie
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Does JMB has the right to impose a management fee of certain amount for the relocation of air-Cond compressor which was wrongly installed by developer. This management fee imposed is in additional to the deposit required for renovation jobs. The reason they give was that installation or relocation of air cond compressor categorized as renovation as per the management house rule. Which I think is ridiculous because the work only require to drill a small hole instead of hacking as claim by the JMB manager. Sound like they just want to make this money over nothing. They neither provided or traded for any service or product to exchange for this money. It’s just outright rip off.
Your words are really true, especially after I have researched around a little. I have found a helpful guide http://airesident.com/apartment-condominium-star-rating-modern-facilities-and-maintenance-fees/ too, can share.
Dear Sir,
I am a JMB member. I have a signatory issue on the issuance of cheques as developer’s signatory was proposed and passed during the first formation of JMB, besides two other signatories from JMB. The present JMB has always at the mercy of the developer to issue cheques for utilities and maitenance of the building. Developer informs JMB that it is a protocol that it takes within 14 days for them to sign the said cheques to be issued for payment. It has been going on for almost 10 years. Recently the residents had faced water supply cut by Syabas because of developer released the utlities cheques late. We have to bear the consequence. Please advise.
In your next agm, call for a resolution and let the residents vote that clause out. Cause if there is any inconvenience, the residents are the ones who are affected for example water cut or tnb cut. If it is urgent, egm may even be called. Minutes in the agm is also needed to be reported to the COB. You guys had not had your individual strata titles yet?
Dear Sir,
No, we have not got our Strata Title yet. Tq for the proposal and your concern.
Hi, I would like to check, previously i was owing the management fee as my relative who is staying in the said unit did not pay it. The management turn the water to minimal thereafter. After knowing it, I have settled half of the bill and the management agreed to increase the water volume but requesting for a RM50 water reconnection fee. Do I need to pay it since it is the tactic by management to chase management fee and not due to my water bill?
Thanks for your advice.
If you are behind on payment, management will have to execute their duties under the strata management act 2013 and cutting volume of water or disable car park access are some of the measures that will enable the owners to pay their fees. Same as landed property, syabas will also request the same amount to reconnect if supply was cut. Having said that, do reconcile with management and see if they can waive the extra charges BUT ultimately you still have to pay and play your part as other residents are paying up on time for everyone to enjoy the shared facilities. If a premise does not have enough collection monthly, important assets such as lifts will not be maintained properly.
Hi, thanks for your reply. I am currently working on paying off the outstanding management fee, of course. But on the reconnection fee, i understand about the Syabas charges as they disconnect everything. For reducing water volume, since there is no total disconnection, on what ground is the management charging a reconnection fee? Are they allowed to charge such fee under rhe act?
Thanks for your further advise.
Hi, thanks for your reply. I understand your point. However, I would like to know on what ground the management asking for reconnection fee as they are not Syabas (and it is the management who turn down the water volume, not Syabas). Is the management allowed to collect such fee under the Act?
Thanks for your advise.
Hi, thanks for your reply. I understand your point. However, I would like to know on what ground the management asking for reconnection fee as they are not Syabas (and it is the management who turn down the water volume, not Syabas). Is the management allowed to collect such fee under the Act?
If it is in the resolution that was approved during the previous AGM that the management can take necessary measures to collect outstanding bills then so be it. The residents voted for it, therefore everyone has to abide by it. You can however request from the management the minutes to show that they can do so by reducing the volume of water as one of the collection measures.If they canāt, then it is your right to make a report to COB, DBKL. To me water is the basic right that everyone has the rights to as inside your house there may be someone that is medically unfit and needs ample water for washing or drinking.
and in any case reconnection fees or whatever penalty for wrong parking, clamping ,etc will be deposited in your jmb sinking fund account.
Hi, Sir
Based on the first formation of JMB signatories on issuance on cheques two on the part of JMB and one on developer. If the developer is a defaulter, can they still sign the cheques and issuance of cheques? Please advise.
If it is in the resolution that was approved during the previous AGM that the management can take necessary measures to collect outstanding bills then so be it. The residents voted for it, therefore everyone has to abide by it. You can however request from the management the minutes to show that they can do so by reducing the volume of water as one of the collection measures.If they can’t, then it is your right to make a report to COB, DBKL. To me water is the basic right that everyone has the rights to as inside your house there may be someone that is medically unfit and needs ample water for washing or drinking.
How did the developer become a defaulter. Are they the owner of one for the house units? . Changing signatories has to go thru the JMB all together for approval
They are in control. They own 69 units both shoplots and residences. Previously, for the past 5 years they had not being paying till the new JMB took over to go after them as defaulters through legal procedures.
No wonder. Ok, the law states that during agm, defaulters cannot attend the AGM and vote. Beats me as to how they can become a office bearer when they defaulted in payment for that many years. Previous AGM may not had followed correct procedures . Probably you guys have to wait for the next agm.
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Hi Sir,
Can JMB gather the signatures from the residents for petition to COB against developer for signing all cheques. Because developer, on the first formation of JMB, had set a condition that any 2 of the 6 office bearers of JMB and one other signatory from developer to sign bank cheques.
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I’m owning a low cost house, unfortunately the toilet drain from the unit above mine is keeps dripping water untill water marks spreading over walls and ceiling. I tried to contact the owner of the unit, but get ignored. Yet, I searched helps from my management office, developer of my propery and COB. None of them help. What else I can do to protect my property from getting worse?
If your is a condominium , you will have to write in officially to your Management office and if no action is taken, then your next reecourse would be to the COB. All must be in black and white as verbal instructions is useless.
The company we are based in is a Soho unit in Kuala Lumpur and wanted to organize fitness activity for our staff only, at pool area, such as Yoga and Zumba at our own cost. The management disallows this and expects us to pay rental of RM250 per session which we, the Company find to be ridiculous. It’s an open recreation place and the residents of the Soho should be allowed to use the space without any rent for it. The management does not allow and refuses to give us access to the committee member too. Is this a valid request from the management? Is there any manual I can refer to, to answer my questions.
permission shall be requested as long as the area is a common area. Common area means areas that are to be used and accessed by residents on a shared basis and it will not be fair if say their path is blocked while going to the swimming pool by your yoga/zumba session. Some common areas are allocated for rent such as bbq areas and my condo charges rm 100.00 per few hours usage and a rm 300.00 deposit in case we break anything. So it really depends on your unit design,house rules and facilities provided Hope this helps
Can management charge interest over interest due ?. All other payments are up to date.
They also had my water cut when there was some overdue amount in management fees.
And I paid the overdue. I was not happy with their management and refuse to pay the interest for that period. Handicap car park was given to burger stall and walking paths were oily and gas tanks were stored under staircases. School was running upstairs which I find the condition was dangerous. I brought up these issues and told them it was not fair to pay till they resolve.
Please advise if it is right to charge the interest over interest due. And I am seeking for them to waive off the interest. However they are slow in replying and still charging interest. How can I resolve this matter.
Thank you.
Recently an incident happened was about something was stole around my unit area, which i did not grilled, but the place is a part of the unit space. So my cctv has proved a new internal JMB operation staff has stole from my unit area.
One quick question, how do I know the operation team has recruited a new staff that was agreed by our committees? And is this association formed by our unit owners or the operation team can be engage 3party to manage for our place?
Hi, can I know whether the JMB’s secretary got the right to sign the notice of hearing letter?
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Thank YOU for the meal!! But yeah, thanks for spending some time to discuss this topic here on your site.
Good morning, it’s been quite a long while since I post anything here. This is such a great forum to get more insight into JMB matters. I like to ask about a problem we are facing now. (I used to work as Treasurer in our area JMB)
Here is the issue I would like to share:
All apartment owners in our area have the right for a small lot of land for garbage dumpsite. This was clearly in our property purchase agreement. However, since 2010, a family came out of nowhere, claimed the land, and build a restaurant illegally on this site.
Our JMB committee and security did not dare to approach this family as they are fierce and use threats against any JMB member who ordered them to demolish the building.
This matter has been brought to AGM a few times, however, no one dare to proceed with any action.
Since no one in JMB dares to do anything, as an owner, can I make a police report to get demolish orders against this illegal premise? They not only took a land that rightfully belongs to JMB & owners, they also have operated business freely and not paying any maintenance fee.
Lately they even extended their premise and rented it out to a sundry shop, which directly compete with my own shop. (I bought a shop in this area and pay my JMB maintenance fees on time)
Any advice is truly appreciated. This problem has been long overdue. Thanks.
jmb must issue them a warning letter and then report to cob if they still insist on staying on the common area. The jmb should have taken action the very first day they started to even discuss about building that place. Matters which lingers on will result in the notion that it is agreeable since no action was initially taken. Good luck
Can we sue JMB for negligence if they wrongfully block my access card without any valid reason? When I filed the complaint apparently, they received report from someone that my unit was rented to people from China. I don’t even rent my unit to anyone and without clarifying, they just blocked my access card this month. It was so embarrassing that I can’t access to my car park and lift. Anyway, can they be so discrimatory and block any owner’s card without warning. Anyway they have
I’m the owner of an apartment in Penang. My unit in top floor. I have leaking issues since a year ago. I have made written complaint to the Management but no action taken. They never come back to update on the issues. I’m getting fadeup complaining to the Management so many times.I.am getting stressed and tired as leaking in my bedroom quite obvious. What should I do? Where can I complained this issue? Any government body?
Hi, can I check JMB has the right to charges us 30% later charges for the maintenance fee? and if let says I require for the year-end audit report, they fail to provide it to us. Thanks
Hi, finally JMB Penang allows renovation on my condo unit (which has been pending for more than a year). Apart from all the SOP (limited working hours, safety SOP), JMB requires all the contractors that been vaccinated to go throw RTK antigen test from clinic/ lab on weekly basis. All cost to be bear by the owner. Self test kits are not accepted. This is a substantial cost to the owner as each RTK test from approved clinic/lab averaging at Rm150. Imagine the renovation takes 3 months with 10 contractors! It is quite unfair to the new owner. Is there anything we can do about this?
Hi, can I ask whether it’s enforceable where JMB say owner cannot install any kind of grills and cloths hanging fixture in the balcony?
and can JMB forced all owner to use the developer’s aircon vendor to add/replace new aircon?
and during the renovation, owner need to present the detail of the renovation and put a deposit for any damage to the common facilities. But does JMB has the right to inspect the house after renovation before returning the renovation deposit?
can JMB prevent owner from hacking the wall to create a door if the wall is not 30cm near any beam, wiring or hidden pipe?
Hi,
I have a problem with my JMB. My unit is in a failed complex which is about 30 years old in Kuala Lumpur. The old air conditioning breaks down on and off. The recent breakdown was in October 2022 and up today February 2023 it has not been put back to service. As a result my tenant was unable to work in the unit without air con and has terminate his tenancy.
Meanwhile the JMB continues to collect maintenance fee from me. It is because of no air conditioning that my tenant vacated my unit. Can I ask the JMB to waive my maintenance fee until I could find a new tenant?