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Bill to regulate strata property management
Posted on : 05 Nov 2019  Source of News: Sarawak Tribune Online

Local Government and Housing Minister Datuk Seri Dr Sim Kui Hian tabled a Bill yesterday to regulate the management and maintenance of strata property.

He noted that at present, there was no dedicated law that regulated the management of strata buildings in Sarawak.

“Part V of the Strata Titles Ordinance, 1995 (Cap. 18) is inadequate in addressing the current needs of strata building maintenance and management,” he said when tabling the Bill at the August House here yesterday.

“Therefore, the introduction of specific law to cater for the maintenance and management of strata buildings in Sarawak will adequately ensure that strata building and its common facilities are always in a good state of maintenance and repair for the benefit of the owners and tenants alike.”

Dr Sim viewed that the new legislation would provide a dedicated law to regulate the management and maintenance of strata property, ensure all strata buildings and the common property would always be in the state of good repair.

He said that with the Bill, there would be funds for maintenance and above all, to raise market confidence in strata development.

“The proposed Bill aims to regulate the management and maintenance of strata building, particularly high-rise buildings.

“For this purpose, the proposed Bill will make it mandatory for owners of unit to pay monthly maintenance charges for routine maintenance of the common facilities in and around the building,” he said.

“The new Bill will require owners to put aside not less than 10 per cent of such monthly charges as sinking fund for major repairs/replacement and repainting works.

“This requirement to pay the monthly maintenance charges also applies to each of the unsold unit and in the case of the unsold units, it will be the responsibility of the developer to pay,” Dr Sim added.

“The proposed Bill also makes it mandatory for strata development to form a management body responsible for the management and maintenance of the subdivided building or land.”

Dr Sim revealed that the regulator for the proposed strata building management would be the Commissioner of Building to be appointed by the minister for the time being charged with the responsibility for local government.

“The same minister is also allowed to appoint such number of deputy commissioner of building and other officers for the purpose of administering and carrying out the provisions of the new law.

“For the purpose of effective enforcement, the penalty for contravening provisions of the new law will be ranging from RM5,000 to RM250,000 and/or imprisonment ranging from one to five years depending on the nature of the offence.

“Offences connected with mishandling of maintenance fund will be punished with harsh penalty,” he added.