By:
Bryan Lui (Co-Managing Partner) [bryanlui@luibhullar.com]
Harneshpal Karamjit Singh (Co-Managing Partner) [harnesh@luibhullar.com]
Sophia Au (Associate) [sophia@luibhullar.com]
One may get very excited about living in a high-rise or a condominium where there is a great blend of community living with modern amenities. There may, however, be circumstances in which tenants or unit owners become restricted from accessing the units. It is thus quite relevant to understand the conditions under which a condo Joint Management Body (JMB) / management can legally prevent access. A common question that arises is whether the condo JMB / management has the authority to bar access to a unit due to outstanding maintenance fees.
Understanding the roles of JMB / Management
In Malaysia, the JMB is established under the Strata Management Act 2013 (SMA). The JMB is responsible for managing and maintaining common property and ensuring compliance with strata management regulations beginning from the completion of the development until the issuance of strata title by the land office including :-
* Maintain & manage the common property
* Determine and impose charges in the maintenance fee for maintenance works
* Determine and impose the contribution to the sinking fund
* Effect insurance according to the SMA or to insure against such other risks
* Comply with any notice or order given or made by the local authority or any competent public authority in respect of the common property
* Prepare and maintain a register of all parcel owners of the building or land intended for subdivision into parcels
* Ensure that the accounts required to be maintained by the JMB under the SMA are audited
* Enforce the bylaws; and
* Do such other things as may be expedient or necessary for the proper maintenance and management of the buildings or land intended for subdivision into parcels and the common property.
The JMB is also empowered under the SMA, for the following :-
* Collect maintenance fees from parcel owners
* Collect the contribution to the sinking fund from the parcel owners
* Authorise expenditure for carrying out the maintenance and management works
* Recover monies due from any parcel owners
* Acquire property for use by the parcel owners in connection with the common property
* Employ or arrange and secure the services of any person or agent to undertake the maintenance and management of the common property
* Make additional bylaws for the proper maintenance and management of the common property
* Do all things reasonably necessary for the performance of its duties under the SMA and the enforcement of the by-laws.
So, can the Condo JMB block your access?
Imagine you’re happily going about your day when suddenly, access to your unit is blocked due to unpaid maintenance charges. It is worth noting that blocking access isn’t the usual first step taken by the Condo JMB / management. Typically, the JMB / management will start by sending a written notice demanding payment of any sum due under Section 20 of the Strata Management (Maintenance and Management) Regulations 2015.
However, if you don’t settle your dues within 14 days of receiving the notice, the JMB / management may, and without prior notice, deactivate any electromagnetic access device such as a card, tag or transponder, issued to you. To regain access, you will need to pay the outstanding amount plus a reactivation fee of up to fifty ringgit. During the period of the deactivation of your access card, you might also be required to sign in each time you enter the building.
Understanding your rights under Strata Management Laws
While the JMB / management has significant authority, it is crucial to regularly review your property’s rules and stay in touch with your management team. Effective communication can often prevent issues from escalating to the point where access restrictions might be considered.
Please contact us for a free consultation via WhatsApp (+60143000960) or E-mail (admin2@luibhullar.com) for any queries regarding Strata Management matters.
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