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Important legal changes to Strata Laws

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I browse one property portal occasionally. This is especially when I wanted to take a look at some latest transacted prices. If you do wish to check out some latest transacted prices, do take a look here. www.propertypricetag.com Recently, they published an informational article I think worth reading for everyone who is looking for a high-rise unit or current live in one. The below is a summarised Q&A they did with Geraldine from Teoh Pek Wei Advocates & Solicitors. I like two of the changes as it gives more protection to the owners of these units from nightmares that we may have faced previously. take a look at below or for the full article, do refer here.


4. Presumption of Defect

You know the situation where the bathroom in the unit upstairs is leaking into your ceiling and nobody wants to be responsible for it? This common problem is known as an “inter-floor leakage”.

The supplementing regulations to the new Strata Laws — the Strata Management (Maintenance and Management) Regulations 2015 — make it easier to determine who is responsible to fix the problem and how long they have to do it.

Firstly, you must give a notice to whoever is in charge of managing your property — the Joint Management Body (JMB), MC or SMC — of the inter-floor leakage. The management would have seven days to carry out an inspection to determine the cause of the leakage and the party responsible for rectifying it.

(Under the new Strata laws, it is presumed that there is a defect in the unit or common area above, unless proven otherwise, and this has to be taken into account by the management bodies)

If the property is still within the defect liability period, the developer may be responsible. If it is due to a common area, the owner may claim from the Common Property Defects Account.

After the defect liability period, if the leakage is found to be from the unit above, the owner of that unit is responsible to make the repairs. If he or she refuses to do so, the management body may fix it and have a right to recover all cost and expenses from the party responsible for the inter-floor leakage.

How does it affect you? Hopefully you won’t have to live with the drip, drip, drip longer than necessary anymore.


5. Increased sanctions on owners who fail to pay Maintenance Charges

Previously, the Joint Management Body (JMB) or MC could only file a civil suit against owners who fail to pay maintenance and service charges. Now, free-loading owners may have to face criminal charges and fines.

The JMB or MC would first issue a notice for payment, with at least a 2-week window for the errant owner to pay up. If the owner fails to do so and is convicted, he or she will be liable to a fine of up to RM5,000, or imprisoned for up to three years, or to both. And the fine meter continues running at up to RM50 per day after conviction, until payment is made.

How does it affect you? Don’t play play. Quickly pay!

As per propertypricetag, please note that the Q&A is only for general information purpose only. * The information in this article is for general information purposes only and is not intended to be a substitute for legal advice. Propertypricetag.com and/or our solicitors accept no liability for any loss whatsoever arising from your reliance of the information in this article. If you have any questions regarding legal matters or legal issues, you are advised to obtain consultation and professional legal advice from a lawyer.

Next suggested article:   More below RM500k units but unsold units at 78 percent

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