JMB vs PTC (updated)

We need a Joint Management Body ("JMB"). We need a body that can act against those errant owners who fails their duties not only as an owner of a unit at Sri Jasmin but also their failure as a human being.

This harsh words are strictly meant for those onwers of Sri Jasmin who refuses to pay the maintenance fee to the Pro Tem Committee ("PTC") that have tenants and who is not a bankrupt. Those who are bankrupt or unit being lelong by the banks are of course being excluded from verbal abuse by 90% of Sri Jasmin owners. Those who haven't got a tenant can be sort of be forgiven if they can't pay up the maintenance fee as the bank charges itself is enough to bring up their levels of stress. But those who can afford it should pay because if you want to rent out your apartment, you need to let the committee knows that your unit is empty & it should remain empty. How else would the committee be able to keep an eye on such property if you don't pay the maintenance fee?

But currently, there is no JMB. What we have is only a PTC at Sri Jasmin. So it is only trust and unity that binds us all together. There is no law to implement anything. So this is the problem we are facing and the PTC is trying to get the Commissioner Of Buildings ("COB") to convene the First Meeting of the JMB.

Much can be read about the JMB on the following site during the "hot" April days.
http://lagendafraud.wordpress.com/
Why was it so hot? Because knowing Dataran Mantin ("DM") as usual will find every loop hole available to make themselves more famous or infamous. 12 April 2007, the local council has gazzetted the newly formed Act called Act 663 known as "Building and Common Property (Maintenance and Management) Act 2007".

Here's the proof.
PU(B) 141/2007
IN exercise of the powers conferred by subsection 1(3) of the Building and Common Property (Maintenance and Management) Act 2007 [Act 663], the Minister, after consultation with the State Authority of Negeri Sembilan, appoints 12 April 2007 as the date on which the Act comes into operation in all the local authority areas in the State of Negeri Sembilan.

So you see, April 2007 was hot because all developers of completed buildings with common properties must call the First Meeting of the JMB within one (1) year from the date of which the Act 663 comes into operation. Those who went for the meeting in April 2008 set by DM must have felt cheated, yet again..

But those who came for the meeting on 17 August 2008 were furious even without hearing the word "dataran mantin". But they all ended up very supportive because this meeting was not organised by DM. This meeting was organised by none other than an ordinary member of society, a simple malaysian chap who decided that it is worth it to part some of his own money to organise a meeting of all Sri Jasmin owners to get everyone to understand and help rebuild Sri Jasmin. If you are not in our Yahoo! Group, you won't know who actually volunteered to clean up the Multi-purpose Hall at 7AM in the morning.

So at 10AM, those who came, got a flyer on the essentials of the JMB. You are, needless to say, encouraged to read & understand everything of Act 663 that can be found in the National House Buyers Association ("HBA") website.
http://www.hba.org.my/laws/building/bcpAct2007.htm
You can also email them info@hba.org.my (they are very helpful).

So we shall end this post with the information on the flyer.

What is Act 663: Building And Common Property (Maintenance And Management) Act 2007?

Act 663 is a newly gazetted law to enable purchasers a larger share on the management of their property. Before this new law comes into place, all purchasers have absolutely no say on how the property is managed until strata title application & sub-division followed by the creation of a MC & election of its committees is completed. With the Act 663 in place, even without strata title, purchasers can elect a JMB, which is equivalent to a MC.

Who are the players of this Act 663?

The main players are the Commissioner of Buildings (“COB”), the Managing Agents and the JMB. The COB has all the rights to compound and take legal action against those who violates this Act 663. The managing agents are the ones appointed by the COB to manage the property if the JMB was not successfully formed. The JMB is a body of 5 to 12 purchasers & 1 from the developer. Once the JMB is formed, all maintenance fee, sinking funds & other fees are payable to the JMB; the developer takes order from the JMB.

What should the JMB do & what can the JMB do?

The JMB is a very powerful body. The JMB is also a representative of purchasers. The JMB, as stated in Section 8 of Act 663, has a duty to maintain the common property, determine and impose charges, insure the building, to comply notices from local authority to repair and / or improve the common property, maintain a register of all purchasers, ensure Building Maintenance Fund is audited & proved audited financial statements to purchasers & enforce house rules.

The powers of the JMB includes collecting maintenance & management charges, authorize expenditure to carry out maintenance & management of the common property, make house rules and all things necessary for the performance of their duties spelt out above. The JMB also has the powers to take legal action to recover unpaid maintenance & management fees, which can lead to public auction of the purchaser's movable property within the local council.

In short, you, the purchaser, are the ones calling the shots, NOT the developer. You form the JMB to manage the place & answers to all purchasers. The JMB can sue as well as be sued.