Under s4 STA, “common property” means so much of the lot as is not comprised in any parcel (including any accessory parcel), or any provisional block as shown in a certified strata plan. In short, it is common property if it is not a parcel or accessory parcel. Since it does not belong to any particular parcel owner, it may be enjoyed by all who reside on the strata-title property. But who maintains the common property?
Both the management corporation and the parcel owner have a part in maintaining the common property.
Duties of the management corporation
For context, a management corporation is a body established to manage the affairs of the building and any other related aspects.
According to s59(1) of the Strata Management Act 2013 (“SMA”), the duties of a management corporation shall be as follows:
(a) to properly maintain and manage the subdivided building or land and the common property and keep it in a state of good and serviceable repair;
(b) to determine and impose the Charges to be deposited into the maintenance account for the purposes of proper maintenance and management of the subdivided buildings or lands and the common property;
(c) to determine and impose the contribution to the sinking fund to be deposited into the sinking fund account for the purposes of meeting the actual or expected expenditure specified under subsection 51(2);
(d) to effect insurance according to this Act or to insure against such other risks as the proprietors may by special resolution direct;
(e) to comply with any notice or order given or made by the local authority or any competent public authority requiring the abatement of any nuisance on the common property, or ordering repairs or other work to be done in respect of the common property or other improvements to the common property;
(f) to prepare and maintain a strata roll for the subdivided buildings or lands;
(g) to ensure that the accounts required to be maintained by the management corporation under this Act are audited and to provide audited financial statements for the information to its members;
(h) to enforce the by-laws; and
(i) to do such other things as may be expedient or necessary for the proper maintenance and management of the subdivided buildings or lands and the common property.
In short, the management is supposed to maintain, manage and ensure that the common property is in good condition. Management has to employ the relevant personnel to maintain the common property and collect the necessary charges to do said maintenance. They will also have to comply with authorities to rectify or improve the common property if needed.
Besides, they need to ensure that their accounts that are required to properly maintain the common property are audited. Lastly, they must also enforce by-laws and do what is necessary to maintain the common property properly.
Duties of the parcel owner
1) Adhere to the prescribed by-laws.
This is to ensure that all parcel owners are able to enjoy the common property without worry.
Examples of by-laws to regulate the use and enjoyment of common property are as follows:
- Repair and maintain his parcel to ensure that it does not have defects that might reasonably affect the other parcel owners from the use and enjoyment of the common property.
- Not behaving in a manner that might cause nuisance or embarrassment to other parcel owners who are using the common property.
- Not obstructing the common property by installing permanent fixtures on it or by placing objects on the common property which will cause a hindrance when using said common property.
2) Pay the requisite fees to the management committee
Under s77(2) SMA, parcel owners have to pay any amount lawfully incurred by the management corporation or the subsidiary management corporation in the course of the exercise of any of its powers or functions or carrying out of its duties or obligations.
As per s77(3) SMA, should they fail to do so, upon conviction they shall be liable to a fine not exceeding RM5,000 or to imprisonment for a term not exceeding 3 years or to both, and in the case of a continuing offence, to a further fine not exceeding RM50 for every day or part thereof during which the offence continues after conviction.
