News by Datuk Chang Kim Loong

Call it by whatever name — JMB, MC or Residents’ Association (RA) — they are all basically an association of property owners looking out for their best interest.

On July 2, 2020, the Subang Jaya Magistrate’s (Municipal) Court convicted and fined a defendant (defaulting strata owner) who failed to comply with an award of the SMT ordering payment of outstanding charges and contribution to sinking fund within 30 days from the date of award. The presiding Magistrate, Barath Manian imposed a fine of RM5,500 on the defendant or in default one (1) month imprisonment. The prosecuting officer was Emyshimy Rizal Nasaruddin.

Property owners are often confused with the various types of resolutions. It is important to appreciate that, pursuant to the SMA, there are four types of resolutions namely Ordinary Resolution, Special Resolution, Comprehensive Resolution and Unanimous Resolution.

The House Buyers’ Association (HBA) is steadfast and unwavering in our views that there should be variable rates for mixed development schemes. Mixed developments involve issues extending beyond the mere use of parcels and the factors enumerated in the formula contained in the First Schedule of the Strata Management Act, 2013 (SMA).

It was reported that EPF has approved withdrawals totalling RM1.66 billion by 3.5 million contributors under the i-Lestari initiative launched last month. However, is RM500 per month enough to help them pay for their shelter or even feed their families? Will such pittance be sufficient to resuscitate their failing businesses?

“A late Covid-19 Act is redundant in nature. You cannot legislate back to life a business that has already closed down due to the failure of owners to sustain their business and pay rent during the MCO.”

It is certainly not within the contemplation of most Malaysians to have their lives come to a grinding halt hence it would be utterly unjust to hold them liable for their failure to fulfill their contractual obligations, under the circumstances.

For the average person, buying a property is the single biggest financial commitment in his or her lifetime, hence careful thought and planning is a must. 

The name “sinking fund” is not meant to be taken literally, but in some stratified developments, there are sinking funds that have sunk and totally disappeared.

对于违反分层管理法令的业主，地方政府的执法行动怎样才算是没有过火？