Building and Common Property (Maintenance and Management) Act 2007
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The above ACT needs to be amemded to EXCLUDE commercial properties. Reason being that the voting right of unit owners (even if I own 80 out of 100 units of shoplots in a commercial complex) is ONLY 1!!!? The small unit owners will be the ones managing and running the commercial complex although I own 80/100 units!! This has chased away Foreign Investors who want to buy properties in Msia (enbloc or in many units) as they can't control their investments! Many problems also arisen bcos of this.
Reply
For information, the Act is quite new and was introduced in April 2007. This fall under the jurisdiction of the State Authority and the Local Authority. But in order to make sure the implementation and effectiveness of the Act, the Federal Government since the middle of 2008 has recruited COB(Commissioner of Building) officer to be located in the Local Authority area.
Nevertheless, REHDA is aware of the JMB lacking the knowledge of strata management, we have plan to educate them in various ways for example:
A regular visit from time to time from the Local Authority (COB) Commissioner of Building to the development area to explain the role and responsibilities of the JMB in Strata Management.
Circulating a brochure relating to the function and roles of Management.
Assisting them through COB officers posted in each Local Authority .
JMB is just the interim Body managing the building prior to the formation of the (MC) Management Corporation in Strata Title Act 1985. According to the Act 663(Building and Common Property Act(2007), the JMB will be dissolved automatically after 3 months of the first meeting of MC. During the formation of MC and future meeting,all the decision of the voting/polling system will be decided according to the 'share value' of the owner. This share value will be determined by Licensed Surveyor of the Developer based on the square feet own by the purchaser.The bigger space they own, the bigger share value they will have.
However, the prerequisite to convene the first meeting of MC is that, there must be at least 25% of the owner must own a strata title first. To achieve this, the developer must quickly submitted the strata title 'complete' application to the State Land and Mines Office a.s.a.p.
