PETALING JAYA: With about three million strata units nationwide, stronger safeguards are needed to ensure high-rise homes are properly managed, maintained and protected from poor governance, say stakeholders and experts.
They said the review of the Strata Management Act 2013 (Act 757), under the National Housing Policy 2026-2035, must go beyond strengthening the responsibilities of joint management bodies (JMBs) and management corporations (MCs) and address the realities of modern high-rise living.
Strata Property Owners Association Selangor and Kuala Lumpur adviser Law Hock Hua said one area that needed strengthening was the disclosure of potential conflicts of interest among JMB and MC committee members, who manage strata property such as condominiums, apartments and Soho developments.
Earlier this month, Putrajaya said it would review Act 757 to strengthen the accountability, transparency and governance of JMBs and MCs and address long-standing issues in the management and maintenance of strata communities.
“The Act should be amended to make it a statutory requirement for all JMBs or MCs to make a statutory declaration (SD) of any interests and relationships they might have with the developer, any major parcel owner and parties connected or related,” said Law.
“The same SD should be made compulsory for all major contractors, including the staff of the property management company.”
Auditors of JMBs or MCs, he said, should also be required to assess whether the funds were used in compliance with the relevant provisions of Act 757, rather than merely issuing a true-and-fair-view opinion, which is more suited to commercial enterprises.
Lawyer Datuk Joy Wilson Appukuttan said one challenge in amending Act 757 was the understanding and interpretation of the Act and the Strata Titles Act 1985, particularly how share units are determined, as these affect owners’ maintenance charges and voting rights.
“When looked at from this perspective, every parcel owner will have to pay a single rate of maintenance charges, especially in mixed development, whether it is retail, housing accommodation or commercial and offices.”
He said accurate determination of share units by the developer’s surveyor, followed by land office approval, could reduce disputes over maintenance charges, voting rights and other matters.
Aside from amendments to Act 757, Putrajaya is also looking into enacting the Building Managers Act to strengthen the management and maintenance of strata properties.
Housing expert and Multimedia University Faculty of Law lecturer Wong Hua Siong, however, said Act 757 already governed building managers.
He said JMBs and MCs were responsible for ensuring properties were managed professionally and transparently.
“They should also learn how to resolve disputes with residents (owners) and tenants through proper dispute-resolution methods,” he said.
