Latest Issues And Updates From

The COB on enforment matters

relating to Strata Management
PPRESENTEBD BY:

SR SHAHRIL OMAR
Director, Comissioner Of Building (COB)
Department, Kajang Municipal Council

4th October 2022

Next
 Presentation
Content

Part 1: Strata Management Concep

Part 2: Introduction Of COB
Part 3: Latest Issues in Strata Management Faced By COB
Part 4: Conclusion

Latest Issues And Updates From The COB on

enforment matters relating to Strata
Management
Part 1 : Strata Management
Concepts
Latest Issues And Updates From The COB on enforment matters
relating to Strata Management
 Strata Management
Concept

Strata Management Concept illustrates the need of some

important players in the strata management. The Key
Players in strata management involves 3 party such as
JMB/MC/ Managing Agent, Developer and COB

JMB/MC have the biggest role in the strata

management based on the provision of the Act 757
and each party would have a interrelated roles in
these concept.

Latest Issues And Updates From The COB on

enforment matters relating to Strata 3/13
Management
Part 2 : Commisioner Of Building
(COB)
Latest Issues And Updates From The COB on enforment matters
relating to Strata Management
 What is Commissioner Of
Building (COB)?
COB is appointed by the State Authority is given authority under the
Section 4 (1) Strata Management Act 2013 (Act 757) to oversee the
administration of this Act as well as exercise any authority given to COB by
the Act.
4/13

COB has a role to ensure that the Management Body and the parties
involved in a stratified development scheme carry out their obligations as
provided by Act 757.

COB is also in charge for taking legal action against the Management Body
as well as parties involved in a stratified development scheme who fail to
fulfill their obligations as stipulated by Act 757.

Latest Issues And Updates From The COB on

enforment matters relating to Strata
Management
 Function Of COB's in Local
Government
·To ensure Developer had organise 1st Annual General Meeting for Joint Management Body /
Management Corporation
·To appoint the Managing Agent under the provision of the Section 86, Act 757
·To ensure developer / JMB / MC / Managing Agent to hand over audited accounts
·To manage complaints regarding maintenance and management od common properties in stratified\
·To implement enforcement of the Act 757
·To ensure developer filed the scheduled parcel
·To make sure developer hand over the deposit of defect liabalites on common area
·To make sure that allocation of share units of stratified schemes is filed

Latest Issues And Updates From The COB on

enforment matters relating to Strata
Management
Part 3 : Latest Issues in Strata
Management Faced By COB
Latest Issues And Updates From The COB on enforment matters
relating to Strata Management
 Illegal
Renovation
Illegal Renovation in stratified schemes has become a sensationalise issue recently
with all of parties referring and expectiong COB either to take action on the
enforcement of the illegal renovation or the other way round

There is also conflict as the provision of the house rules in JMB/MC limits the
compound of any breaking of the house rules to RM200

Enforcement on illegal actione is duly under the Road, Drainage and Bulding Act (Act
133) which under the supervision of Bulding Control Department in Local
Government

Latest Issues And Updates From The COB on

enforment matters relating to Strata
Management
 AGM / EGM
There are still some strata owners and JMB/MC comittee members does not
understand and in confusion about the Annual General Meeting /
Extraordinary General Meeting.

Most of the commitee members failed to comprehend the AGM procedures

which could cause to the Minutes of Meeting to nullified.

Confusion on AGM and EGM also is a challenge by COB on which JMB/MC

would always AGM and EGM is same

Issues on objection and protest on AGM/EGM is quite escalating on which

cases has to be referred to Tribunal

Latest Issues And Updates From The COB on

enforment matters relating to Strata
Management
2025

Enforcement

Enforcement in strata schemes is seen as less encouraging and most of

them do not get full commitment from JMB/MC. Furthermore, majority
parties are relinquishing enforcement responsibility to COB alone

JMB/MC's lack of confidence in carrying out enforcement in the strata

scheme is also the reason why enforcement cannot be done. however,
the COB will always try to support and encourage JMB/MC to carry out
enforcement in the strata scheme

Latest Issues And Updates From The COB on

enforment matters relating to Strata
Management
 Interfloor Leaking

Complaints regarding leaks between floors are seen to be increasing at

COB. The owner of the strata unit is seen to still refuse to cooperate when
involved with this leak and the owner who caused the leak does not want
to repair the damage of the leak.

However, this case can be extended to the Tribunal for resolution.

Latest Issues And Updates From The COB on

enforment matters relating to Strata
Management
 DEVELOPER'S RESPONSIBILITIES
The responsibilities of strata scheme developers are as stated in
Section 9 of act 757. COB found that now most developers are aware
and understand their responsibilities towards strata schemes that are
developed

However, it was also found that when the handover of vacan

possesion was issued, the strata rolls issuance caused the
management of the strata to be managed by the developer until 25%
of the share units had been transferred.

It was found that the strata scheme is difficult to get 25% status
because owners who do not process the conversion of strata
ownership due to various issues and problems

Latest Issues And Updates From The COB on

enforment matters relating to Strata
Management
 Tribunal
The Strata Housing and Management Tribunal at KPKT is responsible for
being a legal platform for strata owners, jmbmc as well as interested
parties to find solutions related to issues and problems in strata
management.

Among the issues and problems discussed at the tribunal are such as the
issue of leakage between floors, maintenance charge arrears claims,
illegal renovation claims and others according to the jurisdiction of the
tribunal as stated in Act 757.

COB also often faces problems when claims made against COB through
the Tribunal often do not get a proper fair defense even though COB has
carried out its responsibilities according to Act 757

Latest Issues And Updates From The COB on

enforment matters relating to Strata
Management
 Deposit on Common Area Defects

The Developer's obligation during the developer's management period is to file a deposit for defects in the common property which is a legal
provision that must be complied with.

Most developers are well aware of the legal provisions of Act 757 related to joint property defects and give solid cooperation in this regard.

However, there is a dispute where usually strata owners and also JMB/MC are not satisfied with the quality of the developer's work in repairing
defects in the common property. This is always extended to the COB and there are JMB/MC requesting the use of the deposit that has been filed.
In addition, JMB/MC applications through Form 27 are also often filed when the DLP period has ended

This is a problem for COB where there is no established procedure for the use of this Deposit other than reaching a consensus among developers
and JMB/MC
Latest Issues And Updates From The COB on enforment
matters relating to Strata Management
 Maintenance Charge
The setting of different Maintenance Charge rates for strata schemes
involving various categories of properties is a matter of hot discussion
in the field of strata management and also COB.

This is because there is a precedent case of Muhammad Nazri

Muhammad vs JMB Menara Rajawali which has caused JMB/MC of
mixed developments to face difficulties in managing expenses and
operations.

In addition, the COB still receives complaints regarding strata owners'

dissatisfaction with the high rate of maintenance charges which shows
that strata owners still do not understand the concept of strata
management

Latest Issues And Updates From The COB on

enforment matters relating to Strata
Management
 Cooperation From
Government Agencies
Changes to the structure of strata management at the federal level that occurred in
2021 had an impact on strata management, especially the COB

COB faces difficulties in providing solutions to issues and problems that occur
because sometimes the issues involved are beyond the jurisdiction and
administration of COB. COB also failed to get cooperation from government agencies
involved and was often alone to give decisions and solutions to problems. This has
also created a negative perception and perspective of the general public towards
COB.

Latest Issues And Updates From The COB on

enforment matters relating to Strata
Management
Part 4 : Conclusion

Latest Issues And Updates From The COB on enforment matters

relating to Strata Management
 Conclusion
·COB is fully committed in serving the strata communities but
requires cooperation from all parties to understand the
constraints and limitations of COB which is limited to the legal
provisions of act 757 to carry out any action

·100% commitment is also desired from the JMB/MC,

developers, strata owners to ensure that the management
and maintenance of the strata can be successfully completed
to form a harmonious community life
·The government needs to prioritize the importance of strata
·The strata community needs to try to eradicate selfishness management and maintenance in order to have an impact on the
and always be positive so as not to cause any problems with national image and always encourage this community to always be
the management and maintenance of the strata scheme while positive so that strata management will be more effective in the future
also being able to maintain the life of the building and
increase its value ·“Good Building Defines Good People”

Latest Issues And Updates From The COB on

enforment matters relating to Strata
Management
2025

Priority SDG
Priority To help give your audience an overview, this section can include a brief
description of the goal, its relevance to your sector or industry, and the

SDGs
specific sub-targets your organization is addressing.

There are 17 SDGs and 169 Priority SDG

targets in total. While they are all
important and interrelated, some To help give your audience an overview, this section can include a brief
description of the goal, its relevance to your sector or industry, and the
will be more relevant to your
specific sub-targets your organization is addressing.
business than others. This section
can identify the specific SDGs
and targets your organization is
prioritizing, and demonstrate how
Priority SDG
they align with your own To help give your audience an overview, this section can include a brief
business strategy and goals. description of the goal, its relevance to your sector or industry, and the
specific sub-targets your organization is addressing.

SDG Progress Report 2025 6/13

 The End

Latest Issues And Updates From The COB on enforment matters

relating to Strata Management