12 SEPTEMBER 2019 - REHDA | Instituterehdainstitute.com/wp-content/uploads/2019/07/2.-Tuan...Waste Dept as well as Immigration Dept and AADK •JMB with COB serve the Form 11 to the

12 SEPTEMBER 2019

INTRODUCTION

• Explain and familiarize the public about COB’s functions and responsibilities as what stipulated in the Act 757

• To make people understand the concept of the strata management in Malaysia

• Challenges and Problems in the Strata Development

JABATAN PESURUHJAYA BANGUNAN

CONTENT OF PRESENTATION

Basic Concept In Strata Management

Roles and Functions Of The Commissioner Of Buildings

Challenges and Dfficulties Encountered By COB’s

Initiative Carried Out By COB MPKJ In Aiding The Strata Community

Conclusion


BASIC CONCEPT IN STRATA

MANAGEMENT



KEY PLAYERS IN STRATA MANAGEMENT

JMB / MC / MANAGING

AGENTS

COB

DEVELOPERS

MANAGEMENT BODIES THAT ARE RESPONSIBLE

TO MANAGE STRATA BUILDINGS BASED

ON ACT 757

JMB

Established on the event of the

1st AGM

S17(1) Act 757

MC

Formed when strata roll is

issued by Land Office (PTG)

S39(1) Act 318 Subsection 17(3)

SUB-MC

Formed under the authorization Director of Land

Office (PTG)

S17A Act 318 (Amendment)


Delivery VP of a strata unit / parcel

Developer’s Management

Period

1st AGM and JMB is formed

Developer handing over management

to JMB

JMB Management Period until MC is

Formed

MANAGEMENT STRUCTURE IF ON THE VP DELIVERY, MC IS NOT YET ESTABLISHED

1 month after 1st AGM MC


MANAGEMENT STRUCTURE IF ON THE VP DELIVERY, MC IS ESTABISHED

VP Delivery

(MC formed)

Initial Management Period by The

Developer

1st AGM MC is organisec by the

Developer

Developer handing over

management to MC

MC Management Period

(Final Period)



ROLES AND FUNCTIONS OF THE COMMISIONER OF BUILDING

(COB)


OVERVIEW

Strata Management Act (Act 757) is govern and monitored by an entityor body that is called Pesuruhjaya Bangunan or Commisioner of Bulding(COB)

COB is appointed by the State Authority under the provision of Section4(1) of Act 757 which authorized the COB to to keep and administer thisAct and exercise any power conferred on it by the Act.


COB STRUCTURE IN MPKJ

DATUK MOHD ROSLI BIN OTHMAN

PESURUHJAYA BANGUNAN

TUAN HAJI NAJMUDDIN BIN JEMAIN

TIMBALAN PESURUHJAYA BANGUNAN

SHAHRIL BIN DATO’ OMAR

PENGARAH JABATAN PESURUHJAYA BANGUNAN (W44) / TIMBALAN PESURUHJAYA

BANGUNAN II

MUHAMMAD IZZAT BIN KAMARUDDIN

PEGAWAI PENILAIAN (W41)

MOHD AZHARI BIN NORDIN

PENOLONG PEGAWAI TADBIR (N29)

NORAZMAN BIN ISMAIL

PENOLONG PEGAWAI PENILAIAN (W29)

IBRIZAH BINTI IBRAHIM

PEMBANTU TADBIR (N19)

MOHD ROSLEE BIN AHMAD PHAZILLAH

PEMBANTU TADBIR (N19)

LEELA A/P VEERIYAH

PEMBANTU OPERASI (N11)

MUHAMMAD SHAHRIZAD BIN DOLMALA

PEMANDU (H11)

NURAIN HUSNA BINTI MOHAMMAD

ZAIN

PEMBANTU TADBIR SAMBILAN (N19)

NOR AIDA BINTI ZAMALUDIN

PENOLONG PEGAWAI PENILAIAN (W29)

NADIAH BINTI RAZALI

PENOLONG AKAUNTAN (W29


OBJEKTIF:➢ Memastikan penyelenggaraan harta bersama dilaksanakan

secara teratur dan tersusun berdasarkan undang-undang danperaturan yang ditetapkan bagi mewujudkan suasana yangbersih dan harmoni dalam kehidupan perkongsian hartabersama bagi pembangunan bertingkat.

MISI:➢ Semua kawasan pemajuan berstrata mempunyai badan

pengurusan yang dapat menjalankan pengurusan danpenyenggaraan bangunan dan harta bersama dengan baik.

VISI:➢ Kehidupan yang berkualiti, harmoni dan selesa bagi kawasan

pemajuan berstrata

OBJECTIVE / MISSION / VISION


THE FUNCTION OF C.O.B

COB’s role is to ensure that Joint Management Body (JMB) and all relevant partiesin a strata development scheme is performing their duty as what is required bythe provisions of the Act 757

The COB is also responsible to take legal action against the Joint ManagementBody (JMB) and all relevant parties in a strata development scheme that fails tocomply with the obligations provided for by Act 757.


PARTIES INVOLVED WITH COB

1. Developers / Original Owner of the developed scheme

2. Joint Management Bodies3. Purchasers / Parcel Owners4. Initial Management Corporation5. Management Corporation6. Managing Agents7. Relevants Government Agencies


PEMBINAANPERANCANGAN PENJUALAN

1

PERMOHONAN STRATA

“LIFE-CYCLE' HAKMILIK STRATA MENURUT AKTA HAKMILIK STRATA 1985”

2 3 4 5

KELULUSAN STRATA

MEDIASI PERTIKAIAN

PENAMATAN SKIM STRATA

910

PERBADANAN PENGURUSAN

8 7 6

PENDAFTARAN STRATA

PEMILIKAN KOSONG

PENJUALAN

CYCLE OF THE STRATA MANAGEMENT AND VACANT POSSESION CONCEPT WITH STRATA TITLES UNDER ACT 757

Pemantauan COB bermula dari proses perancangan**

Pihak terlibat :1) COB2) Jabatan ternikal3) Pemaju

Pihak terlibat :1) Pemaju

Pihak terlibat :1) Pemaju2) Pemilik Petak

Pihak terlibat :1) Pemaju2) COB

Pihak terlibat :1) Pemaju2) COB3) Pembeli

Pihak terlibat :1) Pemaju2) Jabatan ternikal3) Pemilik petak

Pihak terlibat :1) COB2) Tribunal3) MC/Pemaju/

pemilik

Pihak terlibat :1) Pemilik

asal/Pemaju2) Pemilik Petak3) COB

Pihak terlibat :1) Pemaju2) Pemilik/pembel

i3) COB

Pihak terlibat :1) Pemaju2) COB3) Pembeli


COB’S FUNCTION TIMELINE

KM BP CCC VP 1ST AGM JMB / MC

STRATA TERMINATION

COB giving comments in OSC Meetings

DEVELOPMENT STAGES

INVOLVEMENT OF THE COB OFFICER

COB ensuring the JP (ScheculeParcel) or amended JP is filed by the Developer (Sec. 8, Act 757)

COB ensuringDeveloper filing the Common Area Defects And Liabilities Deposit (Sec. 92, Akta 757)

COB to make sure:1. Developer

/JMB/MC to audit the accounts and buildings

2. Abiding the AGM Procedures based on Act 757

COB to make sure:1. JMB MC auditing the accounts

and buldings managemenr and maintenance based on Act 757

2. JMB/MC to settled and resolved all complaints that is issued to COB regarding the scheme

3. Organisingcourses/seminars/exercises to JMB/MC

4. Enforcing the law and provisions to any violation of the law in the Act 757

16


CHALLENGES AND DIFFICULTIES IN STRATA MANAGEMENT ENCOUNTERED

BY COB’S


DEVELOPERS JMB/MC

PEOPLE

(PURCHASERS / PARCEL OWNERS)

OTHER PARTIES / AGENCIES

ATTITUDE!!

MAIN PROBLEMS IN STRATA MANAGEMENT


Failing to pay maintenance charge

and sinking fund

Neglecting to comply house rules set up by

management

Internal issues such as personal harassment, un-satisfaction on JMB’s management and etc

which caused problems to the community

Lack of knowledge on strata

management law

PROBLEMS BY THE PEOPLE


PROBLEMS BY THE JMB/MC

Do not and not taking the effort to understand the provisions stated in Act 757

Imposing rules and regulation that are contradicting with other laws

Failing to manage and maintain strata scheme due to financial problems since people didn’t pay fees and charges

Exploit and abuse the power granted by the Act 757

Lack of understanding of process and procedures in Act 757


PROBLEMS BY THE DEVELOPER

Developed a strata scheme that is not complying the

specification and guidelines of the Act 757

Didn’t established maintenance and sinking

fund account and not fulfilling any instructions

regard to financial management

Did not understand the needs and requirement

concerning the developers responsibilities in the Act

757

Delaying in coordinating 1ST

AGM and forming JMB after 12 months of developer’s

management period

Didn’t file the Deposit of Common Area Defects and

Liabilities

Delay in handing over the management to JMB

(Provision of Section 15, Act 757) after JMBs or MCs was

established

Bancruptcy : Problems in MOT and Liquidator

Architectural Design of the Building is not so Maintence

Friendly


PROBLEMS BY OTHER PARTIES / AGENCIES

Did not understand the needs

and requirement

in the Act 757

Making decisions

that resulted on negative impacts to

the JMB/MC

Forwarding and rejecting issues that is not related to COB’s for

COB to solved (no

wrong door policy)

Difficulties to cooperate with COB /

LA in order to resolve

problems in strata

management


INITIATIVE CARRIED BY COB MPKJ IN AIDING THE STRATA COMMUNITY FOR

A HARMONIOUS STRATA LIVING


INTEGRATED ENFORCEMENT OPERATION OF STRATA MANAGEMENT ACT 2013

(ACT 757)

• This enforcement operation that is joined operation and cooperation by various department in Kajang Municipal Council (MPKj).

• It is considered an initiative and commitment that is created by the COB to help JMB/MC by involving various department and agencies that is related to such issues and problems e.gdismantling of illegal structures, gotong royong, movable properties seizure etc

• It is also pondered as an awareness and education to the strata owners about the importance of obeying the law especially Act 757


•Action based on provision of Sec 35 Act 757

•COB issued a warrant for seizure of movable properties

•5 units involved in operation

•Operation joined by MC, KPKT, various dept in MPKj,

•Total of Outstanding were RM40k

•Seized movable properties were auctioned by Registered Auctioneer

1. Operasi Sitaan Harta Alih Apartment Vista Seri Putra

(21 May 2017)

•Action was due to the request by the JMB that was having problem of illegalstructure at the parking

•COB carried out a coordination meeting with various department to get approval forthe operation

•JMB agreed to lead control the operation as MPKj facilitate with security and logisticsupport

•JMB provide equipment such as JCB machines etc

2. Operasi Gotong Royong Membuka Garahdan Struktur Tanpa Kelulusan RPM Taman

Kemacahaya, Hulu Langat

(23 Disember 2018)

•Operation was requested by JMB to resolve financial problems due to outstandingfee payments by the residents and owners with total of outstanding is RM150k

•This scheme was also facing social problems like overflowing of illegal foreigners,illegal shops and cleanliness of its surrounding

•Various departments involved such as Licensing Dept, Enforcement Dept, SolidWaste Dept as well as Immigration Dept and AADK

•JMB with COB serve the Form 11 to the defaulters

3. Operasi Tindakan Bersepadu di KedaiApartment, Taman Cheras Prima Kajang

(29 January 2019)

•Action based on provision of Sec 35 Act 757

•COB issued a warrant for seizure of movable properties

•3 units involved in operation

•Operation joined by MC, KPKT, various dept in MPKj

•Total of Outstanding were RM22k

•Defaulters settled 30% of the outstanding in total of RM6,687.20 as agreed with theMC

4. Operasi Sitaan Harta Alih PangsapuriVista Hatamas, Cheras

(27 Julai 2019)


PICTURES OF VARIOUS OPERATIONS BY COB MPKJ














MEDIA COVERAGE


MEDIA COVERAGE


MEDIA COVERAGE


CONCLUSION


CONCLUSION

• The role and responsibilities of The Commisioner Of Buldings (COB)in each local authority can be considered as a tough and heavy role,as we COB usually is the front liners in facing all sort of problems instrata management

• However, the Act 757 is a comprehensive provision that requiresfull commitment of the strata owners from which covers all aspectsof the management and maintenance of the strata bulding

• Apart from monitoring and governing the Act 757, COB’s also iscommitted in resolving all problems and issues pertaining tomanagement and maintenance but is limited to provisions andprocedures of the act

• Cooperation by all relevant parties is very important in order forCOB to deliver the best service to the people, because in myopinion, it the people that make the people.



THANK YOU!!!

SHAHRIL BIN OMAR

PENGARAH JABATAN PESURUHJAYA BANGUNAN

MAJLIS PERBANDARAN KAJANG

[email protected]

03-87331427 / 03-83768375

mailto:[email protected]

Documents

12 SEPTEMBER 2019 - REHDA | Instituterehdainstitute.com/wp-content/uploads/2019/07/2.-Tuan...Waste Dept as well as Immigration Dept and AADK •JMB with COB serve the Form 11 to the