Ever experienced issues with your JMB or MC and it cannot be settled by communicating with them? Well, you may consider lodging a complaint against them.
Steps to lodge a complaint:
- Visit the JMB or MC office and talk to an official to clarify as to what are the duties and obligations of the appointed property manager as stipulated under its contract with the JMB or MC. You may also inquire if the agreement details how complaints regarding the assigned property manager are handled.
- Submit a formal letter of complaint to the JMB or MC. They are obligated to set up a process for tackling complaints.
- Write an official letter of complaint to the COB in your respective area. A list of the nearest commissioner may be found by consulting the National House Buyers Association (HBA).
- After the COB has investigated the complaint and finds that the developer, JMB, MC, or appointed property manager has failed to perform satisfactorily, the commissioner may appoint, by written notification, one or more persons to act as the property managers for a specified period of time.
- If your property manager is a member of a professional organisation, you can lodge a complaint against the firm for violating the association’s code of conduct. These include the Malaysian Institute of Property and Facility Managers (MIPFM) and the Malaysian Association of Professional Property Managers (MAPPM). However, please note that the professional body may ask the JMB or MC to submit the complaint instead of an individual unit owner.
- Lastly, you can seek an order from the Strata Management Tribunal. However, this is subject to s105 SMA which states that the Tribunal shall have the jurisdiction to hear and determine any claims specified in Part 1 of the Fourth Schedule and where the total amount in respect of which an award of the Tribunal is sought does not exceed RM250,000 or such other amount as may be prescribed to substitute the total amount.
What is listed in Part 1 of the Fourth Schedule?
1. A dispute or complaint concerning an exercise or the performance of, or the failure to exercise or perform, a function, duty or power conferred or imposed by this Act the subsidiary legislation made under this Act, except for those specifically provided for in this Part.
2. Subject to subsection 16N(2) of the Housing Development (Control and Licensing) Act 1966 [Act 118], a dispute on costs or repairs in respect of a defect in a parcel, building or land intended for subdivision into parcels, or subdivided building or land, and its common property or limited common property.
3. A claim for the recovery of Charges, or contribution to the sinking fund, or any amount which is declared by the provisions of this Act as a debt.
4. A claim for an order to convene a general meeting.
5. A claim for an order to invalidate proceedings of meeting where any provision of the Act has been contravened.
6. A claim for an order to nullify a resolution where voting rights has been denied or where due notice has not been given.
7. A claim for an order to nullify a resolution passed at a general meeting.
8. A claim for an order to revoke amendment of by-laws having regard to the interests of all the parcel owners or proprietors.
9. A claim for an order to vary the rate of interest fixed by the joint management body, management corporation or subsidiary management corporation for late payment of Charges, or contribution to the sinking fund.
10. A claim for an order to vary the amount of insurance to be provided.
11. A claim for an order to pursue an insurance claim.
12. A claim for compelling a developer, joint management body, management corporation or subsidiary management corporation to supply information or documents.
13. A claim for an order to give consent to effect alterations to any common property or limited common property.
14. A claim for an order to affirm, vary or revoke the Commissioner’s decision.
Additional information:
What is a Joint Management Body?
The joint management body (“JMB”) is comprised of the developer and the purchasers. It is established upon the convening of the first annual general meeting of that joint management body not later than twelve months from the date of delivery of vacant possession of a parcel to a purchaser.
What is a Management Corporation?
A management corporation is a medium through which the proprietors control and manage the strata scheme pursuant to the Strata Titles Act 1985 and the Rules made thereunder. It automatically comes into being upon the opening of a book of the strata register in respect of a subdivided building.
What is a Commissioner of Buildings?
The Commissioner of Building (COB) is an officer who is appointed for administering and carrying out the provisions in the Strata Management Act 2013 (“SMA”). Under the SMA, the COB is responsible to provide proper maintenance and management of buildings, common property and its related matters.
Who may lodge a complaint to the COB?
A proprietor or any other person or body having a registered interest in a parcel.
Types of complaints can be lodged to the COB?
Complaints may include, but are not limited to:
- Dissatisfaction with the sum determined for the maintenance charges or contribution to Sinking Fund
- Dissatisfaction with how the JMC maintains and manages the building and common property
- Complaints on how the AGM is not in line with the Strata Management Act
