Legal action against errant
06/04/2009 The Star By Lim Chia
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
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
“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
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.