Page 14 - Surveyor 54.3 and 4

PEER REVIEW
PEER REVIEW
The Malaysian Surveyor
2.6. Strata Management Act
2013 (Act 757)
The Strata Management Act 2013
(Act 757) which came into force in
2nd June 2015 has repealed the
Building and Common Property
(Maintenance and Management)
Act 2007 (Act 663) [BCPA]. At the
same time, amendments were also
made to the Strata Titles Act 1985
(Act 318) to further facilitate and
enhance the management of strata
scheme in Malaysia. Before the
introduction of Strata Management
Act 2013, both strata development
matters and strata management
matters were dealt under the Strata
Titles Act 1985. Whereas for now,
the Strata Management Act 2013
is a standalone act in dealing with
strata management matters while
the Strata Titles Act 1985 deals with
all strata development matters such
as strata registration and issuance
of titles (Teo, 2015).
The old law under the Building and
Common Property Act 2007 and
the Strata Title Act 1985 has seen
setbacks in dealing with issues
on stratified properties, especially
in the management of mixed
The developer
will be in full
responsibility
to carry out
maintenance
works, ensuring
that the building is
free from all risks.
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developments. (Tan, et. al., 2016). the commencement of the Act.
Hence, the Strata Management Act For which building is completed
2013 have seen an introduction on or after the commencement of
to a few new provisions which the Act, the meeting must be held
included amongst others, making no later than 12 months from the
it a comprehensive enacted statue delivery of vacant possession to the
which covers all aspects of strata purchasers. It is the developer’s duty
management and maintenance, to convene the first meeting of the
This includes the introduction Body which is effectively tied to the
of Schedule of Parcels, Formula delivery of vacant possession to the
for the computation of allocated purchasers and it is not how long it
share units, provision for limited takes for the developer to apply for
common property and subsidiary procure the opening of the strata
management corporation, revised register for the development or
AGM and EGM provisions for the whether the developer has sold and
Joint Management Body (JMB) as transferred 25% of the development
well as Management Corporation to purchasers.
(MC), the introduction of Strata
Management Tribunal and the The developer will be in full
expanding of the department of the responsibility to carry out
Commissioner of Building (COB) at maintenance works, ensuring that
local authority level (REHDA, 2016). the building is free from all risks.
The first meeting for the JMB is the
The regulatory roles of the duty of the developer to convene
Commissioner of Building and within a specified period with all the
process to resolute dispute have purchasers. The developer will be
been improved in the SMA whereby fined, imprisonment or both if the
the Commissioner of Building will be developer fails to do so.
in of higher powers in enforcing the
statutory provisions pertaining to 2.8. Subsidiary Management
the management and maintenance
of strata buildings after and before Corporation
subdivision processes. The Tribunal According to Tay et al., (2015) Strata
was also established under the management under the SMA 2013
SMA to adjudicate disputes in strata consists of a two-tier corporation
schemes (Kamarudin, 2014). involving in the management of a
mix development area. Therefore,
2.7. Joint Management Body the existing MC may designate
A corporate body which has limited common properties and
the subsidiary Management
a common seal comprises of Corporation (SMC) which will be
the purchasers together with
a representative to represent a
the developer and/or their particular group to an exclusive use
representative who undertakes and enjoyment of the designated
the Joint Management of the
Limited Common Property. In other
building and common property. words, the formation of Sub MC will
The first annual general meeting
exist after the formation of MC and
of the Joint Management Body its committee will comprise of a
(JMB) has to be conducted by
the developer no later than 12 subsidiary management committee.
The formation of Sub MC is closely
months from the commencement governed under the new Section 17A
of the act for which the building is Strata Titles Act 1985. The MC will
concerned was completed before be needed to convene and facilitate