Above: Residents hand over petition for an EGM & Stop Work Order to the COB!
MALAYSIA ASEAN APEC LEAD CONSUMERIST DR JACOB GEORGE ASKS – ARE MALAYSIAN COMMISSIONER OF BUILDINGS TOOTHLESS TIGERS AND IMPOTENT?
Strata Management ACT 2013 (Malaysia) – ACT 757 – Is It Serving Its Purpose?
Are you aware that the Strata Management Act, 2013 received its Royal Assent on 5th February, 2013 and was gazette on 8 February, 2013.
In the marketplace it is known as Act 757!
With the gazette, ACT 663 (BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 or popularly known as JMB ACT and Strata ACT 318 are automatically abolished.
The Strata Management is now operational nationwide from 1.6.2015
Now whose rights, needs and interests, does it serve?
Basically, it affects any person who purchases a unit in a strata development construction.
Above: Murdering the trees?
And by which action, they enter into a three-fold legal relationship:
- The purchaser is the individual owner of his unit;
- The purchaser is a co-owner with all other owners of the common property and the land of the strata development; and
- The purchaser is automatically a member of the owners’ body to whom the management and maintenance of the scheme is entrusted to serve, protect with accountability, good governance, transparency, with dignity and decorum!
Picture 1: Residents call in the Police to intervene!
Picture 2: Resident use their vehicles to block heavy machinery coming in to cut the trees which will destroy their ecosystem!
Picture 3: Residents post a Press Conference show their displeasure at the act of destroying their environment!
And harmony and goodwill among all in such situations can only be achieved if the strata development is managed properly and the common property and facilities maintained adequately and regularly and all owners work together and contribute to the betterment of the community.
There is no place for a heavy hand!
There is no place for verbal and physical abuse! Even for four letter words! But there have been and I have documentation of such attacks!
There is no place for threats, abuse of power and acts and omissions that positions one set of property owners against another or pitting one against another!
There is also no place for personal gain or for corrupt acts in running and holding office.
The office held is in trust!
Very sadly, there are now cases where with the apparent impotence of the Commissioner of Buildings (COB) and the abuse of ACT 757 by power hungry individuals holding office, there are many cases all over Malaysia which calls for a judicial review and legislation to mandatory force an intervention by the COB by playing a proactive role when there is a crisis rocking and threatening property owners!
This is no more a legal question but a moral one!
A dear friend from Penang wrote the following as she has had a running battle with similar issues and with the COB!
“Penang COB is toothless tiger. Difficult to even get him to commit his legal opinion in writing and act against law breakers within my condo management committee. Very frustrating. Property managers are also a massive problem, particularly when they openly admit they are not afraid of COB who has no powers!” NW
From Kuala Lumpur:
“Every time I raise an issue they threaten me. The last time the developer who is still in control warned me. “I have deep pockets – I will destroy you!’ He followed up by harassing me with his SUV and blocking my entrance which was intimidation…” MT
In another case in Selangor, it was shocking that despite repeated letters of protest, personal appeals, Police reports, memorandum to the COB, Press Conference and media walkabout, demonstration and protest by residents, initiating a human and vehicle barricade to protect more than 20 year resort like ecosystem and environment, trees are cut without following the professional arborist advice!
According to the latest intelligence, the residents are also initiating reports with the MACC to intervene in view allegations of corruption and abuse.
Individual suits are also initiated!
One cannot but wonder what is the ‘real intention’ of the tree cutting?
Members of the visiting FRIM team believe the trees cut could well be ‘African Mahogany’ which is expensive and sought after!
The authorities need to investigate these allegations in the public interest so that the truth is revealed in all fairness!
Meanwhile, there are rumors circulating that the cutting of the trees will commence again tomorrow despite the protest and police reports.
Meanwhile chairs kept in the common area are being chained to prevent residents from gathering and protesting!
The pertinent question is why is there no stop order?
Why is there no order for an EGM despite residents handing over a request 48 hours ago?
As an independent observer, I am disgusted at the incompetence and lack of professionalism of the government agencies!
You go to their office no one is there! (See below!)
You try to intervene to initiate a peaceful resolution; at the management company’s office, they turn and abuse you with threats and vulgarity!
Who are these people? Who is protecting them?
Meanwhile I have received several photographs and recordings which are really shocking, which raises many issues!
It really shows and speaks volumes!
I intend to play it to the federal ministers who I am expecting to meet!
Part 2 to follow! – Inviting Malaysia’s first Lady who is committed to environmentalism and the professional way to protect and not destroy an ecosystem to visit the residents and hear their plight!