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PEER REVIEW
PEER REVIEW
The Malaysian Surveyor
are encouraged in close proximity uses must be tailored to fit the to declining tenants or decreasing
to each other (Wardle, 2016). Such local market. (Rabianski, et.al., rent rates. However, much of the
mixed-used development is often 2009). For example, different user conflict can be avoided at the
called Mixed Strata Development. elements have to be contained in initial planning and design stages
discrete buildings or in separate (Dziomba, 2005).
A few common examples of a podium so that a part of the mixed-
mixed-use development in Malaysia use development will not affect Being an owner of a mixed use strata
include residential and commercial another. (Northedge, 2005). Mixed property in Malaysia also meant that
mixed-use development and the use developments like Hotel and the person will enter into a three-fold
recent hotel and residential mixed- Residences type development or legal relationship. The owner will not
use development. Similar to normal Retail and Service Apartment type only own his parcel of the property,
strata type developments, a mixed- development has several crucial but also co-own the common
use strata development can also be property management issues as property and the land of the whole
built in phases accordingly to their it is built to cater different users in building development. Therefore,
type of uses. the building. As for the economical the owner is also responsible to be
perspective, the mixed-use project part of the maintenance and repair
2.2. Management of Mixed must be compatible with its of not only his own parcel, but all
Use Strata Development neighbours and be integrated into the other parcels including any
the community to maximise its accessory parcels and common
People living in strata properties economic effect. For example, properties. However, issues arise
are of diverse interests, different considering the competition with when problems such as no direct
cultures, values, ages and existing single-use developments control by property managers to
background under one roof. must be considered. (Rabianski, the management fund, refusal of
With that, it is very usual to have et.a. 2009). Furthermore, the mixed payment of management fund by the
such disputes and differences use developments create a higher parcel owners, poor management
between one another, living in the cost and coordinated management and maintenance services and other
same strata property. Therefore, approach as different tenures and social legal problems have led to a
the management of the strata users are managed in different breakdown of the management of
property, the Joint Management ways. Problems arise from conflicts such development. (Mohamad et.al,
Body (JMB) or Management between these groups have to also 2015).
Corporation (MC) is responsible for be solved to prevent unsatisfactory
the management of the building. conditions which can eventually lead 2.3. Governing Provisions for
However, it is very difficult to rely Strata Properties
only on the Committee to lead a
property management body without A. Strata Titles Act 1985, Strata
any professional background or Title Act 2013
experience. (Mohamad & Sufian, The Strata Titles Act 1985, made
2013). It is no different for mixed People living in pursuant under Article 76 (4) of the
use strata development as it also Federal Constitution 1957 which
consists of people of diverse strata properties gives authority to the Parliament to
interest, different cultures, values, are of diverse legislate on land for the purpose of
ages and background living under ensuring uniformity of law and policy
one roof. However, the mixed use interests, different was introduced to help in regulating
strata development further consists and providing an administrative
people of different users, which cultures, values, framework and legal framework
makes management even more ages and to the strata scheme in Malaysia.
complicated. The Strata Titles Act also stated
background under
Other than that, the physicality the outlines of the management
and structure of the mixed-use one roof. of the shared facilities within the
development also affects the usage building known as the common
of mixed strata development. property (Mohamad et. al., 2015).
The design, location and mix of Hereby, the MC will be formed under
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