‘Over 90% of tribunal cases involve maintenance fee arrears’ | Malaysian Institute of Estate Agents

‘Over 90% of tribunal cases involve maintenance fee arrears’

2020-10-10

THE problem of faulty lifts often stems from owners not paying their maintenance fees on time.

Housing and Local Government Ministry (KPKT) Housing and Strata Management Tribunal deputy chairman Mohammad Khalid Ab Karim said when this happened, the properties’ joint management body (JMB) would not be able to carry out repairs as well as maintenance and cleaning of facilities, including lifts.

“Based on complaints received in 2019, of the 5,675 cases registered with the Strata Management Tribunal (TPS), 5,291 or 93% involved failure to pay maintenance fees, ” he said.

Maintenance fees’ arrears normally involve low and medium-cost units, which on average cost between RM30 and RM200 a month.

Khalid said of the 5,675 cases registered, 4,456 or over 78% were settled by TPS within 150 days.

“TPS will issue the award or decision in 150 days after a trial. If those concerned defaulted, they could be registered at the Magistrate’s Court for the Commissioner of Buildings (COB) for action such as issuing summonses, criminal enforcement or auctioning of movable property, ” he said.

Based on the Strata Manage-ment Act 2013, the party which defaults on an award, such as not settling the arrears demanded in the stipulated time, can be fined up to RM5,000 or jailed not more than three years.

“COB can also seize the items or moveable property in their homes.

“Based on records, legal action was rarely carried out as they would settle the arrears before the matter is taken to court, ” he said.

KPKT Urban Services Division secretary Mohd Syaifulrizal Abu Bakar suggested that JMBs hold more engagement programmes with residents to boost awareness of their responsibilities when living in stratified properties.

This is in addition to ensuring residents make payment.

“If residents do not feel involved, they will not understand and support the role and responsibility played by the JMB in ensuring the joint property is maintained well, ” he said, adding that legal action was the last resort in resolving the issue.

Syaifulrizal said JMBs must also be more transparent about their financial management and operate based on KPKT guidelines.

Both the JMB and residents, he said, must agree on a fair maintenance fee rate, taking into consideration the economic situation and financial capability of residents. – Bernama

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