ILLEGAL extensions and renovations at low-cost flats by residents are posing a huge dilemma for their management committees (MC) or joint management bodies (JMB).
While the flats management can take action against errant homeowners under the Street, Drainage and Building Act 1974 (Act 133) and Strata Management Act 2013 (Act 757), they are reluctant to do so.
In Skudai, Taman Ungku Tun Aminah flats Block 63-66 management committee chairman KC Yip said taking action now would be tough.
“We started managing the building about 20 years ago and by then, many of the homeowners had already made illegal renovations and extensions.
“It will also cost a lot for us to tear down these structures.
“We hardly have the budget to pay for electricity bills, what more demolishing these structures.
“Taking such action will also upset the homeowners involved.
“Some may also take the matter to court and that will complicate things further,” he told StarMetro.
According to Yip, only about 50% of homeowners in the four blocks under his management are paying the RM20 monthly fees.
“This is despite us reducing the monthly fees from RM30 to RM20 about 10 years ago.
“We are also facing difficulties in getting in touch with some owners who have not paid in years.
“With the limited funds that we have, we need to pay the cleaners, utility bills and insurance.
“We hope that the local authorities will step in to help us deal with illegal structures.”
He said the MC had issued multiple notices, reminding errant homeowners that their illegal renovations and extensions could be demolished at any time.
“We reminded them that they might not be able to make insurance claims if a tragedy were to occur.”
Taman Ungku Tun Aminah flats Block 45-54 MC clerk Norashikin Ali said the committee would only take action if an illegal structure threatened residents’ safety or blocked the drainage.
“There were already many illegal extensions when we took over the management in 2003.
“If we were to tear down the extension in one unit, we need to do the same for all.
“We will only take action if the extension is so extreme that it inconveniences others.
“It is not easy for us to do anything, especially since these flats are about 40 years old,” she said.
Norashikin said some owners from the second floor upwards had installed metal grilles in the middle of the corridors.
“This is extremely dangerous as it can impede rescue efforts in the event of a fire.
“It is also troublesome when we want to do any maintenance work along these corridors.
“Some residents did give us the keys to the grilles, in case of an emergency.”
Lim Kok Thye, whose company is managing nine privately-owned flats in Johor, said MCs have the right to tear down such structures.
“Management committees have the right to demolish these structures and they should not be afraid to do so.
“They should not wait for local councils to take action.
“Even if local councils want to take action, they will need to get permission from management committee as these are private properties.
“No doubt it is extremely difficult to do so and management committees may face opposition, but it can be done,” he said.
Lim said he had torn down illegal structures and removed items placed in public places at some of the flats that he managed over the past 16 years.
“The first flats I managed, Orkid Flats in Jalan Kenanga, was where I used to live.
“I had to persuade the residents to pay their fees.
“It was difficult, but when they saw the results, they were willing to pay.
“Once I had their trust to manage the building and with the support of the rest of the residents, I proceeded to take stern action against those who had erected illegal structures.
“I also had support from the police and local authority to demolish those structures, including store rooms that were built in public areas.”
Lim stressed that it was important to get the support of the authorities as undertaking such action would result in resistance from the culprits.
He said that he usually gave the owners six months to make changes, before taking any action.
“We send them multiple notices urging them to take down the structures within 14 days.
“Within six months, if they still do not take any action, we will do it for them.
“They will not be able to say that they were not given enough time.
“We need to be very stern as that is the only way to see a change in behaviour.
“Once they see (the demolition) happening to one or two of their neighbours’ structures, they will tear down their illegal structures on their own.
“The important thing is to start somewhere,” he added.
StarMetro visited the flats in Taman Ungku Tun Aminah and found that the majority of units on the ground floor had extensive renovations.
There were many garages illegally built and even chickens running around the flats’ common areas.
There were also grilles installed from the second floor upwards.
A homeowner, who only wanted to be known as Tan, said that she and her neighbours decided to instal a grille in the corridor on the second floor due to safety concerns.
“There have been many cases of theft and we have also spotted some drug addicts here.
“We need to protect ourselves, although we know putting up the grille is illegal.”
Another homeowner, who wanted to be known only as Raj, said he was anticipating action from the MC or local council against him for rearing chickens.
“I am in the midst of transferring my chickens elsewhere.
“I know that they can demolish my chicken coop as well as my house extension at any time.
“I ensure that the place is kept clean and does not inconvenience anyone,” he said, adding that he hoped the authorities would not take action against him.
Last month, Johor Ruler Sultan Ibrahim Ibni Almarhum Sultan Iskandar had expressed disappointment at the poor level of maintenance and cleanliness at low-cost flats in the state.
His Majesty hoped that the Federal Government could provide allocations to improve conditions in old flats.
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