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PEER REVIEW
PEER REVIEW
The Malaysian Surveyor

boundaries of the Limited Common “The laws (Strata Management Act However, COB are not carrying on
Property. Moreover, Management 2013) are comprehensive, it covers the mediating work efficiently. As the
Corporation, which consists of every angle of property management main focus of the COB would be on
mostly layman parcel owners are and maintenance.” the enforcement and administering
less exposed to the contents of duties, the COB will not be carrying
the building which could lead to - Interviewee 2 out their responsibilities properly
difficulties to be coming out with “The new laws are comprehensive…” when all the mediating job is lumped
a plan for the Limited Common towards them. Needless to say,
Property. - Interviewee 1 the inefficiency on mediating the

“… Licensed Land Surveyor to reopen However, regardless of how well disputes will only bring the dispute
cases forward to the tribunal and
the subdivision to do special plan, the new Strata Management Act wasting a lot of time while nothing is
then a fee will be charged again… 2013 is as compared to the previous solved within the COB.
how is it possible for a layman Building and Common Property
purchaser to know the contents of (Management & Maintenance Act “We don’t see much effort and
the building and come out with a plan 2007), there are still loopholes in the involvement of the COB in mediating
for the Limited Common Property? act. the disputes… in the end, most of
Whereas the developers got their “… there are still grey areas. them (dispute cases) end up with the
team of consultants like the M&E Professional bodies already put in a tribunal.”
engineers, civil engineers, architects, paper to propose and overcome these
Licensed Land Surveyor and property grey areas to make the law clearer.” - Interviewee 3
management consultants who can do “COB spends a lot of time delaying
the sub-division straight away.” - Interviewee 1 on mediating disputes for which they

- Interviewee 1 “… there is still room for improvement.” have no power to come into a proper
conclusion… in the end disputes are
3.2. Regulation of Strata - Interviewee 2 handed over to the tribunal.”
Laws - Interviewee 1
3.3. Enforcement of Strata
Unlike the previous Building and Laws Therefore, COB should just be
Common Property (Management & spending time on the administration
Maintenance Act 2007, the Strata As mentioned in the literature review, and enforcement of the whole act
Management Act 2013 which came the Commissioner of Building and not mediating disputes before
into force in 2015 has given a clear (COB) will be in of higher powers channelling the disputes to the
interpretation as compared to the in enforcing and administering the tribunal after only when the COB
previous act. Other than giving statutory provisions pertaining to is not able to solve the dispute.
out heftier penalties to those who the management and maintenance The mediating work is the main
do not comply with the law, the of strata buildings after and before reason why the COB are taking up
Strata Management Act 2013 has subdivision processes. COB will much of their time on disputes and
answered to most of the problems also be in charge in mediating all leave aside the enforcement and
in strata issues, for example like the the incoming disputes before parcel administering work. Hence, making
introduction of Schedule of Parcels, owners can proceed to the tribunal the enforcement very poor.
Formula for the computation of if the disputes cannot be resolved.
allocated share units and the This is mainly because COB does not “COB is not the right channel body to
creation of provision for limited have the power to settle any disputes settle disputes.”
common property and subsidiary but giving advices. Only the tribunal - Interviewee 2
management corporation to name a can settle the disputes.
few as stated in the literature review. “Authorities want parcel owners “COB should not be playing the
“At this point of time, the Strata with problems to go to the COB… if mediator role.”
Management Act 2013 covers almost problems are attempted and cannot - Interviewee 1
as much as we can.” be resolved by COB, clearance letter
will be given by COB, then with that In addition, COB have also problems
- Interviewee 3 clearance letter, they can go to the of having the right people in their
tribunal.” office. Mediation rights have
been given to the COB. But they
- Interviewee 1
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