DEAR Zuraida Kamaruddin,

I am writing to seek your commitment to promptly resolve several issues relating to the Strata Management Act 2013, referred henceforth to as SMA 2013.  I would like to establish if you are able to ensure your Housing and Local Government Ministry, as well as the Subang Jaya City Council can enforce the provisions of SMA 2013.

I am a purchaser of a property in the City of Green project located in Taman Bukit Serdang in Seri Kembangan and would like to have a proper understanding of issues surrounding the collection of maintenance charges and sinking fund by a company called COG Management Body Sdn Bhd (201901045588) (1354918-M). In this regard, please note that the development project is still under the Development Management Period and is subject to the provisions of Part IV, Chapter 2 of SMA 2013 and in particular, Sections 9 to 16. The Act states that monies for maintenance charges and sinking fund can only be collected by the developer or a joint management body (JMB). 

This means that COG Management Body Sdn Bhd is a third party that contravenes the provisions of Part IV, Chapter 2 of the SMA 2013.

Despite being reminded of the provisions of this Act, COG Management Body Sdn Bhd continues to demand that monies be deposited to its account, failing which residents will not be allowed to access its lift system to their respective apartment floors. Furthermore, Clauses 9(2f) and 14(1f) require audited accounts of the maintenance charge and sinking fund to be disclosed to all purchasers annually. This has yet to be done since vacant possession in 2019. Similarly, Clause 14(1b) of Section 14 requires the developer to appoint an auditor to audit the maintenance charges and sinking funds annually and present the findings at an annual general meeting. This has yet to take place. 

Additionally, Clauses 17(1) and 18(1) require the developer, BJ Homes Development Sdn Bhd (623575-W) to hold an AGM for the formation of a JMB, within 12 months of the issuance of vacant possession. An AGM has yet to be held even after two years of the so-called vacant possession.

Both the developer and the so-called management body have not been conducting business in compliance with specific requirements of SMA 2013 and in the process burdening its purchasers. Your ministry does not seem to be able to ensure developers are bound by SMA 2013 and also seems incapable of exercising any form of meaningful enforcement. Numerous letters have been submitted to different departments in your ministry as well as the city council, for which meaningful action has yet to be taken.

The Covid-19 pandemic has placed heavy burdens on the rakyat and the inability of your ministry to ensure the interests of purchasers are protected is worrisome to say the least.  The inability of the Muhiyiddin Yassin administration to address simple issues as stated above casts doubts on the credibility of the current unity government.

Are you able to publicly affirm your commitment to ensure laws passed by Parliament, such as SMA 2013 – which are under your purview as housing and local government minister – can actually be enforced without imposing further grief and financial burden to purchasers of apartments in the City of Green project? 

Are you able to ensure prompt enforcement can actually take place? – February 5, 2021.

* Ravee Suntheralingam reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.