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Legal action against errant developers

06/04/2009 The Star By Lim Chia Ying

LEGAL action will be taken against developers in Selangor who fail to call for a meeting of the Joint Management Body (JMB) under the Building and Common Property (Management & Maintenance) Act 2007.

Selangor Real Property and Housing Board executive director Datin Paduka Alinah Ahmad said the Selangor Land Office had identified several developers who had failed to call for a JMB meeting within the stipulated 12-month period.

In focus: The developers of apartments will be under scrutiny if they fail to form the JMBs.

According to Alinah, the developers were required to hold the meeting within 12 months of the implementation of the Act if the properties were completed and vacant possesion handed over before it came into effect.

For other properties, the JMB meeting would have to be organised within 12 months of the vacant possession hand-over.

The Act was passed by Parliament in December 2006 and was implemented on April 12, 2007.

Alinah was speaking to representatives of about 50 JMBs at a dialogue organised by Subang Jaya assemblyman Hannah Yeoh, the Zone 1 Residents Committee (JKP) and the Subang Jaya Municipal Council.

National House Buyers Association (HBA) honorary secretary-general Chang Kim Loong, who was one of the speakers at the dialogue, advised all buyers of stratified property to lodge complaints with the Land Office if the developers failed to apply for strata titles within six months of the issuance of the Certificate of Fitness.

Chang said there were still some teething problems and loopholes in the Act. He pointed out that there were no regulations within the Act and that the Commissioner of Buildings (CoB) lacked prosecutorial powers againts defiant developers.

“Problems often crop up during the transition period after the CF is given but before the strata title is issued.

“We have asked the Ministry to issue strata titles together with the CFs or the Certificate of Compliance and Completion (CCC).

“A special focus group is working on this at the moment,” Chang said.

Alinah added that a Management Corporation (MC) would automatically be formed once the strata title book was open.

“However, an AGM of the MC can only be called when 25% of the strata titles have been issued,” she said.

Alinah said she would also ask the Land Office to send letters to inform the CoB once 25% of strata titles for a particular development have been issued.

Chang had earlier pointed out that Seremban already had a similar procedure in place.

During the dialogue, the JMB representatives also brought up various issues they faced within their properties.

Yeoh explained that the dialogue aimed to get all the experts in one forum to discuss and iron out the issues. She added that she hoped this would also help the owners find out about their rights.

Also present were MPSJ Zone 1 councillor Theresa Ratnam Thong who acted as the dialogue moderator and MPSJ CoB director Tee Siew Bee.


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