Errant house owners, beware!

Errant house owners, beware!

Posted on 28 October 2012 - 09:11pm
Last updated on 29 October 2012 - 10:22am

Kong See Hoh
newsdesk@thesundaily.com

KUALA LUMPUR (Oct 28, 2012): Once the Strata Management Bill 2012 is enacted, the management of a gated community can apply for a court order to seize and auction the property of a delinquent house owner to offset management fee owed.

Housing and Local Government Minister Datuk Seri Chor Chee Heung told Sin Chew Daily in an interview published today that this is because house owners were fully aware when they purchased their property that they had to pay monthly management fee for security service rendered.

This rule also applies to gated apartments and condominiums.

The Strata Management Act 2012 (SMA) is to replace the Building and Common Property Act 2007.

Chor said in fact the Building and Common Property Act 2007 empowers the management of a gated community to take the aforesaid action against delinquent property owners, but many people are not aware of this as it is not clearly defined in the act.

He said he had spent a lot of time and talked to not less than 20 related organisations on this matter to come up with the new act
(SMA).

However, he said, the government cannot do anything if house owners in guarded communities refuse to pay for guards hired to watch over and patrol their areas, as it is not stated in the owners' sale-and-purchase agreement.

Chor also said that under the SMA, residents of a housing area need only obtain the consent of 51% of the residents to set up a guarded community, compared with 80% under the present law.

"Residents who hire guards to beef up security in a housing estate do it on their free will and out of their own pockets. If the other 49% of the residents believe the housing area is safe, and that they need not pay for additional security, they cannot be forced to do so," said Chor.

He pointed out that roads within a gated community are private property, and therefore residents within the community have the right to deny access to non-residents.

"On the other hand, roads within a guarded community are public property. The security guards have no right to deny non-residents access to the area."