GGP Property Management

08/07/2022

We are proud to announced that the 1st AGM for one of our toughest site is finally ended successfully! Thanks for the effort from the HQ & ground team to make it happened! It's really good experiences to handle this site and truly appreciated for the peoples who always spur on us to make us growth in a better way!

17/05/2022

𝐅𝐞𝐝𝐞𝐫𝐚𝐥 𝐂𝐨𝐮𝐫𝐭 𝐨𝐯𝐞𝐫𝐭𝐮𝐫𝐧𝐬 𝐓𝐫𝐢𝐛𝐮𝐧𝐚𝐥’𝐬 𝐫𝐮𝐥𝐢𝐧𝐠 – 𝐛𝐚𝐥𝐜𝐨𝐧𝐲 𝐢𝐧 𝐬𝐡𝐨𝐰 𝐮𝐧𝐢𝐭 𝐧𝐨𝐭 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐒𝐏𝐀...

The Federal Court recently delivered a significant ruling on the powers of the Tribunal for Homebuyer Claims and the principle of estoppel in housing development disputes. The ruling came on Feb 14 in the case of Country Garden Danga Bay Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Another (2020).

The case arose from a challenge against the Tribunal’s decision that allowed a purchaser’s claim for damages against the developer for alleged unauthorised variations to the specifications of an apartment unit under the sale and purchase agreement (SPA). The apartment unit was part of Country Garden Danga Bay’s project in Johor.

After vacant possession of the unit was delivered, the purchaser renovated the unit. The purchaser then filed a claim against the developer at the Tribunal and complained that the unit was contrary to the specifications under the SPA. The purchaser alleged the unit should have included a covered balcony as seen in the show unit prior to the purchase.

At the Tribunal proceedings, a technical team was directed to inspect the unit to assess the veracity of the purchaser’s complaints. Subsequently, the Tribunal found there to be sufficient evidence to support the purchaser’s claim. The Tribunal then directed that the purchaser be paid RM50,000 by the developer in compensation.

The developer’s challenge against the Tribunal’s decision failed at the High Court and the Court of Appeal. However, the Federal Court reversed the decision of the Court of Appeal and struck down the decision of the Tribunal. In so doing, the Federal Court made pertinent pronouncements on the housing development laws in the country.

The Federal Court first recognised that a covered balcony was not required in the SPA. This led to the finding that the Tribunal’s decision was unlawful because “Subsection 16N(2) of the [Housing Development] Act provides that the Tribunal’s jurisdiction shall be limited to a claim based on a cause of action arising from the SPA entered into between the homebuyer and the housing developer”.

Accordingly, it was held that “the Tribunal was wrong when it varied the content of specifications under the SPA ... the Tribunal would have no power to rectify the SPA by the addition or exclusion of terms inconsistent with the statutory terms provided in either Schedule G or H of the [Housing Development] Regulations. The power of the Tribunal to vary or set aside the contract wholly or in part under section 16Y(2)(e) of the Act is only when there is a clause in the SPA which is inconsistent with the statutory terms of the Schedule”.

Next, the Federal Court rejected the purchaser’s claim of inconsistency between the unit and the SPA on the grounds that the purchaser had accepted vacant possession of the unit and had taken steps to renovate the unit.

Federal Court judge Zaleha Yusof ruled that the purchaser could not claim that “he got the wrong unit, but on the other hand accepted delivery of vacant possession and renovated it... We were of the view that the Tribunal was wrong when it failed to appreciate that the second respondent had affirmed the contract as it stood on its terms which did not have a term for a covered balcony, when the second respondent accepted delivery and renovated the said unit”.

The Federal Court’s judgment sets an important precedent on the powers of the Tribunal in determining claims of purchasers. Such claims are to be determined on the express terms of the SPA and cannot be premised on representations made prior to the ex*****on of the contract. This means that the Tribunal is not empowered to determine claims of purchasers based on statements made to them by salespersons at the showrooms of developers, as an example.

Further, the Federal Court decision is significant in limiting the claims that can be made against developers where purchasers have accepted vacant possession of the housing unit. In such instances, it would be difficult for a purchaser to successfully claim for losses that arise from alleged inconsistencies between the unit and the SPA, particularly where the purchaser has renovated the unit.

The Federal Court recently delivered a significant ruling on the powers of the Tribunal for Homebuyer Claims and the principle of estoppel in housing ...

09/05/2022

5 Questions About Legally Keeping A Dog In Your Condo 🐶🐾

-Law 14
By-Law 14 of the By-laws in the Third Schedule of the Strata Management (Maintenance and Management) Regulations 2015 which regulates the keeping of pets and animals in strata scheme developments is reproduced below:

“14. Keeping of animals

In a building used for residential or dwelling purposes, a proprietor shall not keep any particular animal in his parcel or on the common property thereof that may cause annoyance or nuisance to the other proprietors or which may be dangerous to the safety or health of the other proprietors or which contravenes any written law or rules and regulations of the relevant State or the local authority.

A proprietor who is in breach of sub-paragraph 14(1) of these by-laws shall within three days upon the receipt of a written notice from the management corporation remove the particular animal from the building. If he fails to do so, the management corporation may take whatever action deemed necessary to remove the particular animal from the building and-

(a) All cost incurred shall be charged to and imposed on the proprietor, and

(b). The management corporation shall not be liable for any damages reasonably caused to the property of the proprietor in the process of removing such animal.”

By-Law 14(1) can be summarized as follows:

Residential strata scheme owners are allowed to keep pets or animals in their strata parcel as long as they:

- Do not cause annoyance or nuisance to other proprietors;
- Do not cause danger to the safety or health of other property
owners; or
- Do not contravene any written law or rules and regulations of the
relevant State or local authority.

Under By-Law 14(2), the developer, joint management body (JMB) or management corporation (MC) (“Management Bodies”), as the case may be, may give written notice to the proprietor of the parcel who has breached By-Law 14(1) and request for the proprietor to remove the particular pet or animal from the building within three days.

If the proprietor fails to do so, the Management Bodies may take whatever necessary action to remove the particular pet or animal from the building. The costs incurred by the Management Bodies to undertake the removal shall be charged to and imposed on the proprietor. Further, the Management Bodies will not be held liable for any damages reasonably caused to the property during this removal process.

It is advisable that proprietors comply with the Management Bodies’ notice of removal in order to avoid any harm or damage to the pet and property respectively.

Additional By-Laws
Section 32 and Section 70 of the Strata Management Act 2013 allow the Management Bodies to make and amend additional by-laws to regulate the keeping of pets. JMBs and MCs will require a special resolution passed at a general meeting while developers will require the Commissioner of Buildings’ approval.

The Management Bodies may also make a by-law to impose a fine of not more than RM200 against any parcel owner, occupant or invitee who is in breach of any of the by-laws, including the by-law relating to the keeping of pets and animals.

Proprietors and interested persons may apply in writing to the Management Bodies to inspect or obtain a copy of the additional by-laws, and the Management Bodies shall allow or provide the said inspection and copy respectively.

Local Council Requirements
Pet owning proprietors in residential strata scheme developments must also comply with the relevant local council rules, regulations and requirements for the keeping of pets, especially canines. For example, Kuala Lumpur City Hall only allows the keeping of smaller dog breeds in strata scheme developments with, amongst others, the following conditions:

- The dog must be licensed;
- The dog license application must enclose a consent letter from
the JMB or MC; and
- The dog must be strictly confined to the proprietor’s unit and not
allowed to roam freely.

The requirements of each and every local council may differ.

You’ve probably tried sneaking your pupperino into your condo or even know someone who has. The general understanding is that as long as they're quiet, keepi...

02/05/2022

Semoga sepanjang tahun tahun kalian dalam kebaikan. Selamat Hari Raya Aidil Fitri, Maaf Zahir dan batin. SALAM AIDILFITRI 1443H.

27/04/2022

Mask-wearing is still mandatory indoors from 1 May 2022. However, it is optional outdoors. It is still encouraged when in crowded places and for high-risk individuals.

22/04/2022

22/04/2022

Residential Title Vs Commercial Title: How Do The Differences Affect You?

Before deciding to buy a home, it is a must to do the necessary research and comparisons on several factors of the desired property.
For example, people most commonly look out for the location, amenities, and infrastructure. However, do you know whether the property has a residential or commercial title?
It is very important to know the differences between both, but first, let’s look at the type of titles for your property. There are several land titles for properties in Malaysia:

1) Land Title
A land title for a property is issued to an individual or entity, to state that they hold legal ownership of the land. It basically tells you what the said property can be used for.

2) Category Title
Under the National Land Code (NLC) Act 828, a category title is also known as "categories of land use", where there are three distinct categories of usage.

https://www.propertyguru.com.my/property-guides/residential-title-vs-commercial-title-56131

18/04/2022

𝑾𝒉𝒂𝒕 𝒕𝒐 𝒅𝒐 𝒊𝒇 𝒚𝒐𝒖𝒓 ‘𝒏𝒆𝒘’ 𝒑𝒓𝒐𝒑𝒆𝒓𝒕𝒚 𝒉𝒂𝒔 𝒅𝒆𝒇𝒆𝒄𝒕𝒔 & 𝟜 𝒐𝒕𝒉𝒆𝒓 𝒎𝒖𝒔𝒕-𝒌𝒏𝒐𝒘𝒔 𝒂𝒃𝒐𝒖𝒕 𝑫𝒆𝒇𝒆𝒄𝒕 𝑳𝒊𝒂𝒃𝒊𝒍𝒊𝒕𝒚 𝑷𝒆𝒓𝒊𝒐𝒅 (𝑫𝑳𝑷)

𝑰𝒇 𝒚𝒐𝒖’𝒗𝒆 𝒑𝒖𝒓𝒄𝒉𝒂𝒔𝒆𝒅 𝒂 𝒑𝒓𝒊𝒎𝒂𝒓𝒚 𝒓𝒆𝒔𝒊𝒅𝒆𝒏𝒕𝒊𝒂𝒍 𝒑𝒓𝒐𝒑𝒆𝒓𝒕𝒚, 𝒚𝒐𝒖 𝒄𝒂𝒏 𝒄𝒍𝒂𝒊𝒎 𝒇𝒐𝒓 𝒂𝒏𝒚 𝒅𝒆𝒇𝒆𝒄𝒕𝒔 𝒇𝒓𝒐𝒎 𝒕𝒉𝒆 𝒅𝒆𝒗𝒆𝒍𝒐𝒑𝒆𝒓 𝒅𝒖𝒓𝒊𝒏𝒈 𝒕𝒉𝒆 𝑫𝒆𝒇𝒆𝒄𝒕 𝑳𝒊𝒂𝒃𝒊𝒍𝒊𝒕𝒚 𝑷𝒆𝒓𝒊𝒐𝒅 (𝑫𝑳𝑷). 𝑯𝒆𝒓𝒆’𝒔 𝒂𝒍𝒍 𝒚𝒐𝒖 𝒏𝒆𝒆𝒅 𝒕𝒐 𝒌𝒏𝒐𝒘 𝒂𝒃𝒐𝒖𝒕 𝒕𝒉𝒆 𝑫𝑳𝑷, 𝒊𝒏𝒄𝒍𝒖𝒅𝒊𝒏𝒈 𝒕𝒉𝒆 𝒓𝒆𝒄𝒆𝒏𝒕𝒍𝒚 𝒂𝒎𝒆𝒏𝒅𝒆𝒅 𝒍𝒂𝒘 𝒇𝒐𝒓 𝒍𝒂𝒕𝒆𝒏𝒕 (𝒉𝒊𝒅𝒅𝒆𝒏) 𝒅𝒆𝒇𝒆𝒄𝒕𝒔.

𝑨𝒍𝒍 𝒏𝒆𝒘 𝒉𝒐𝒖𝒔𝒆 𝒃𝒖𝒚𝒆𝒓𝒔 𝒎𝒖𝒔𝒕 𝒃𝒆 𝒂𝒘𝒂𝒓𝒆 𝒐𝒇: 𝒕𝒉𝒆 𝑫𝒆𝒇𝒆𝒄𝒕 𝑳𝒊𝒂𝒃𝒊𝒍𝒊𝒕𝒚 𝑷𝒆𝒓𝒊𝒐𝒅 (𝑫𝑳𝑷). 𝑻𝒐 𝒑𝒖𝒕 𝒊𝒕 𝒔𝒊𝒎𝒑𝒍𝒚, 𝒊𝒕 𝒊𝒔 𝒕𝒉𝒆 ‘𝒘𝒂𝒓𝒓𝒂𝒏𝒕𝒚 𝒑𝒆𝒓𝒊𝒐𝒅’ 𝒇𝒓𝒐𝒎 𝒕𝒉𝒆 𝑫𝒆𝒗𝒆𝒍𝒐𝒑𝒆𝒓 𝒊𝒏 𝒄𝒂𝒔𝒆 𝒐𝒇 𝒂𝒏𝒚 𝒅𝒆𝒇𝒆𝒄𝒕𝒔 𝒊𝒏 𝒕𝒉𝒆 𝒑𝒓𝒐𝒑𝒆𝒓𝒕𝒚. 𝑩𝒖𝒕 𝒘𝒂𝒊𝒕, 𝒕𝒉𝒆𝒓𝒆’𝒔 𝒈𝒐𝒐𝒅 𝒏𝒆𝒘𝒔 𝒇𝒐𝒓 𝒐𝒍𝒅𝒆𝒓 𝒑𝒖𝒓𝒄𝒉𝒂𝒔𝒆𝒓𝒔, 𝒄𝒐𝒖𝒓𝒕𝒆𝒔𝒚 𝒐𝒇 𝒂 𝒈𝒐𝒗𝒆𝒓𝒏𝒎𝒆𝒏𝒕 𝒓𝒖𝒍𝒊𝒏𝒈 𝒘𝒉𝒊𝒄𝒉 𝒘𝒂𝒔 𝒑𝒂𝒔𝒔𝒆𝒅 𝒊𝒏 2019 – 𝒊𝒇 𝒚𝒐𝒖’𝒗𝒆 𝒐𝒏𝒍𝒚 𝒓𝒆𝒄𝒆𝒏𝒕𝒍𝒚 𝒏𝒐𝒕𝒊𝒄𝒆𝒅 𝒕𝒉𝒂𝒕 𝒕𝒉𝒆𝒓𝒆 𝒂𝒓𝒆 𝒅𝒆𝒇𝒆𝒄𝒕𝒔 𝒊𝒏 𝒚𝒐𝒖𝒓 𝒑𝒓𝒐𝒑𝒆𝒓𝒕𝒚 𝒕𝒉𝒂𝒕 𝒘𝒂𝒔 𝒃𝒐𝒖𝒈𝒉𝒕 𝒚𝒆𝒂𝒓𝒔 𝒂𝒈𝒐, 𝒚𝒐𝒖 𝒎𝒊𝒈𝒉𝒕 𝒔𝒕𝒊𝒍𝒍 𝒃𝒆 𝒂𝒃𝒍𝒆 𝒕𝒐 𝒃𝒓𝒊𝒏𝒈 𝒍𝒆𝒈𝒂𝒍 𝒂𝒄𝒕𝒊𝒐𝒏 𝒂𝒈𝒂𝒊𝒏𝒔𝒕 𝒕𝒉𝒆 𝒅𝒆𝒗𝒆𝒍𝒐𝒑𝒆𝒓 𝒇𝒐𝒓 𝒕𝒉𝒆𝒔𝒆 𝒍𝒂𝒕𝒆𝒏𝒕 𝒅𝒆𝒇𝒆𝒄𝒕𝒔 (𝒘𝒉𝒆𝒓𝒆 𝒕𝒉𝒆 𝒇𝒊𝒓𝒔𝒕 𝒐𝒄𝒄𝒖𝒓𝒓𝒆𝒏𝒄𝒆 𝒐𝒇 𝒔𝒖𝒄𝒉 𝒅𝒆𝒇𝒆𝒄𝒕𝒔 𝒄𝒂𝒏𝒏𝒐𝒕 𝒆𝒙𝒄𝒆𝒆𝒅 15 𝒚𝒆𝒂𝒓𝒔). 𝑻𝒉𝒊𝒔 𝒘𝒊𝒍𝒍 𝒃𝒆 𝒆𝒍𝒂𝒃𝒐𝒓𝒂𝒕𝒆𝒅 𝒃𝒆𝒍𝒐𝒘.

𝑯𝒐𝒘𝒆𝒗𝒆𝒓, 𝒅𝒐 𝒕𝒂𝒌𝒆 𝒏𝒐𝒕𝒆 𝒕𝒉𝒂𝒕 𝒖𝒏𝒍𝒊𝒌𝒆 𝒕𝒉𝒆 𝒘𝒂𝒓𝒓𝒂𝒏𝒕𝒚 𝒕𝒉𝒂𝒕 𝒚𝒐𝒖 𝒎𝒊𝒈𝒉𝒕 𝒈𝒆𝒕 𝒇𝒓𝒐𝒎 𝒃𝒖𝒚𝒊𝒏𝒈 𝒂 𝒔𝒎𝒂𝒓𝒕 𝒅𝒆𝒗𝒊𝒄𝒆 𝒐𝒓 𝒆𝒗𝒆𝒏 𝒂 𝒃𝒓𝒂𝒏𝒅 𝒏𝒆𝒘 𝒄𝒂𝒓, 𝒚𝒐𝒖 𝒄𝒂𝒏’𝒕 𝒋𝒖𝒔𝒕 𝒆𝒙𝒄𝒉𝒂𝒏𝒈𝒆 𝒇𝒐𝒓 𝒂 𝒏𝒆𝒘 𝒖𝒏𝒊𝒕 𝒊𝒇 𝒕𝒉𝒆𝒓𝒆 𝒂𝒓𝒆 𝒂𝒏𝒚 𝒅𝒆𝒇𝒆𝒄𝒕𝒔 𝒊𝒏 𝒚𝒐𝒖𝒓 𝒑𝒓𝒐𝒑𝒆𝒓𝒕𝒚. 𝒀𝒐𝒖 𝒘𝒐𝒖𝒍𝒅 𝒏𝒆𝒆𝒅 𝒕𝒐 𝒄𝒂𝒓𝒓𝒚 𝒐𝒖𝒕 𝒂 𝒅𝒆𝒕𝒂𝒊𝒍𝒆𝒅 𝒊𝒏𝒔𝒑𝒆𝒄𝒕𝒊𝒐𝒏 𝒐𝒇 𝒕𝒉𝒆 𝒉𝒐𝒖𝒔𝒊𝒏𝒈 𝒖𝒏𝒊𝒕, 𝒎𝒂𝒌𝒆 𝒂 𝒍𝒊𝒔𝒕 𝒐𝒇 𝒂𝒍𝒍 𝒕𝒉𝒆 𝒅𝒆𝒇𝒆𝒄𝒕𝒔 𝒂𝒏𝒅 𝒕𝒉𝒆𝒓𝒆𝒂𝒇𝒕𝒆𝒓, 𝒔𝒖𝒃𝒎𝒊𝒕 𝒂 𝒅𝒆𝒇𝒆𝒄𝒕 𝒄𝒍𝒂𝒊𝒎 𝒕𝒐 𝒕𝒉𝒆 𝑫𝒆𝒗𝒆𝒍𝒐𝒑𝒆𝒓.

https://www.iproperty.com.my/guides/what-to-do-if-your-new-property-has-defects-4-other-must-knows-about-defect-liability-period-dlp-faq/

15/04/2022

𝟒 𝐒𝐭𝐞𝐩𝐬 𝐭𝐨 𝐛𝐞𝐜𝐨𝐦𝐞 𝐚 𝐑𝐄𝐀𝐋 𝐄𝐒𝐓𝐀𝐓𝐄 𝐍𝐄𝐆𝐎𝐓𝐈𝐀𝐓𝐎𝐑 𝐢𝐧 𝐆𝐩𝐥𝐞𝐱 𝐑𝐞𝐚𝐥𝐭𝐲 !

Click here to know more:
www.GPLEX.com.my

15/04/2022

𝐖𝐡𝐚𝐭 𝐉𝐌𝐁 𝐢𝐬 𝐍𝐨𝐭 𝐀𝐥𝐥𝐨𝐰𝐞𝐝 𝐭𝐨 𝐃𝐨 𝐀𝐠𝐚𝐢𝐧𝐬𝐭 𝐃𝐞𝐟𝐚𝐮𝐥𝐭𝐞𝐫𝐬 ?

While the Strata Management Act of 2013 provides many powers to the JMB or MC so that it can recover the owed maintenance fee and sinking fund contribution, there are still some limitations on what they can do. Specifically, the JMB is prohibited from doing the following against defaulters.

1. 𝑷𝒓𝒆𝒗𝒆𝒏𝒕 𝑫𝒆𝒇𝒂𝒖𝒍𝒕𝒆𝒓 𝒇𝒓𝒐𝒎 𝑬𝒏𝒕𝒆𝒓𝒊𝒏𝒈 𝑯𝒊𝒔 𝑼𝒏𝒊𝒕, 𝒐𝒓 𝑺𝒆𝒍𝒍 𝑯𝒊𝒔 𝑼𝒏𝒊𝒕
The JMB has no power to obstruct the defaulter from going into his unit, although they can make it inconvenient (e.g., prevent usage of elevator). This means the management can’t padlock the unit’s door. The JMB also can’t forcibly sell the unit to recover the owed amount, as the Act only allows it to confiscate movable properties, not immovable properties like residential units.

2. 𝑶𝒃𝒔𝒕𝒓𝒖𝒄𝒕 𝑫𝒆𝒇𝒂𝒖𝒍𝒕𝒆𝒓 𝒇𝒓𝒐𝒎 𝑼𝒕𝒊𝒍𝒊𝒛𝒊𝒏𝒈 𝒕𝒉𝒆 𝑷𝒂𝒓𝒌𝒊𝒏𝒈 𝑳𝒐𝒕, 𝒐𝒓 𝑮𝒐𝒊𝒏𝒈 𝑶𝒖𝒕
Similarly, the defaulter still has the right to use the parking lot even if he has outstanding fees. Basically, this means that the JMB has no power to put the defaulter under house arrest or prevent him from going out of the compound.

3. 𝑺𝒆𝒗𝒆𝒓 𝑬𝒍𝒆𝒄𝒕𝒓𝒊𝒄𝒊𝒕𝒚 𝒐𝒓 𝑾𝒂𝒕𝒆𝒓 𝑺𝒖𝒑𝒑𝒍𝒚 𝒕𝒐 𝑫𝒆𝒇𝒂𝒖𝒍𝒕𝒆𝒓’𝒔 𝑼𝒏𝒊𝒕
Lastly, the management is not authorized to cut the utilities to the defaulter’s unit. Essentially, disrupting water and electricity supply is unlawful as this is ultra vires of the act, meaning acting beyond or outside the scope of powers provided by the law.

Let us see what kind of actions JMBs can lawfully impose on defaulters.

14/04/2022

𝕎𝕙𝕒𝕥 𝕁𝕄𝔹 𝕚𝕤 𝔸𝕝𝕝𝕠𝕨𝕖𝕕 𝕥𝕠 𝔻𝕠 𝔸𝕘𝕒𝕚𝕟𝕤𝕥 𝔻𝕖𝕗𝕒𝕦𝕝𝕥𝕖𝕣𝕤 ?

1. 𝑷𝒐𝒔𝒕 𝑵𝒂𝒎𝒆𝒔 𝒐𝒇 𝑫𝒆𝒇𝒂𝒖𝒍𝒕𝒆𝒓𝒔 𝒊𝒏 𝑷𝒖𝒃𝒍𝒊𝒄
If you don’t want to suffer the embarrassment of having your name included in a list of defaulters for all to see, then promptly pay the maintenance fee and the sinking fund contribution. This is because the JMB or MC has the power to prepare and post a list of defaulters along with the unit number and outstanding balance. It’s really shameful for your friends and family members to see this, but it’s more concerning for the latter as they are directly affected by this.

2. 𝑷𝒓𝒆𝒗𝒆𝒏𝒕 𝑫𝒆𝒇𝒂𝒖𝒍𝒕𝒆𝒓𝒔 𝒇𝒓𝒐𝒎 𝑼𝒕𝒊𝒍𝒊𝒛𝒊𝒏𝒈 𝑺𝒉𝒂𝒓𝒆𝒅 𝑭𝒂𝒄𝒊𝒍𝒊𝒕𝒊𝒆𝒔
The JMB or MC has the right to obstruct defaulters, their immediate family, guests and tenants from enjoying the facilities in a strata development. This is because the maintenance fee and the sinking fund contribution that you have failed to pay are partly used for the upkeep of such facilities. So next time you are sweating it out at a condo’s gym or having a leisurely swim at the pool, be sure to have paid the aforementioned charges. Otherwise, you risk the spectacle of being shouted at and chased away from using these facilities.

3. 𝑶𝒃𝒔𝒕𝒓𝒖𝒄𝒕 𝑫𝒆𝒇𝒂𝒖𝒍𝒕𝒆𝒓𝒔 𝒇𝒓𝒐𝒎 𝑨𝒄𝒄𝒆𝒔𝒔𝒊𝒏𝒈 𝑪𝒐𝒎𝒎𝒐𝒏 𝑨𝒓𝒆𝒂𝒔
Similar to number two, the management has the power to block defaulters from utilizing the common areas, which are maintained and managed through the fees paid by each unit owner.

Generally, the common areas in a strata development include the land the building stands on, the entire physical structure, plumbing system, heating and air conditioning systems, electrical systems, windows, roofs, stairs and hallways, elevators, swimming pools, tennis courts, carparks, and landscaping. Hence, if your unit is on a high level, better pay the maintenance fee and the sinking fund contribution, unless you want to be deprived of the right to use the elevator.

4. 𝑺𝒖𝒔𝒑𝒆𝒏𝒅 𝑷𝒂𝒔𝒔𝒄𝒂𝒓𝒅 𝑨𝒄𝒄𝒆𝒔𝒔 𝒐𝒏 𝑻𝒖𝒓𝒏𝒔𝒕𝒊𝒍𝒆 𝒐𝒓 𝑬𝒏𝒕𝒓𝒚𝒘𝒂𝒚
Visiting a condominium as a guest can be a hassle, as you need to undergo strict security protocols. But can an actual unit owner be forced to enter the premises as a guest? The answer is yes, either you’ve forgotten or lost your passcard or you’re a defaulter whose passcard was disabled. In fact, the JMB or MC has the power to deactivate the electromagnetic access device of defaulters, forcing them to enter premises as guests. So if you’re the impatient sort, be sure to pay your dues unless you wish to go through the security queue every single time you enter and exit your condo.

5. 𝑰𝒏𝒔𝒕𝒓𝒖𝒄𝒕 𝒕𝒉𝒆 𝑺𝒆𝒄𝒖𝒓𝒊𝒕𝒚 𝑮𝒖𝒂𝒓𝒅 𝒕𝒐 𝑭𝒐𝒍𝒍𝒐𝒘 𝑫𝒆𝒇𝒂𝒖𝒍𝒕𝒆𝒓
One disgraceful reminder that you really need to pay the maintenance fee and the sinking fund contribution is when there’s a security guard following you to your unit’s doorstep after you’ve arrived, or to your allocated car park when you’re about to leave. While you can consider this as an annoying harassment, this is a justified and practical move on the part of the JMB or MC, as it ensures that defaulters don’t utilise any of the shared facilities in the strata project.

6. 𝑺𝒆𝒓𝒗𝒆 𝑳𝒆𝒕𝒕𝒆𝒓 𝒐𝒇 𝑫𝒆𝒎𝒂𝒏𝒅 (𝑳𝑶𝑫) 𝒕𝒐 𝑫𝒆𝒇𝒂𝒖𝒍𝒕𝒆𝒓𝒔
The JMB or MC, as the entity empowered by the Strata Management Act of 2013 to collect maintenance fee and sinking fund contribution, is also given the power to serve a written notice demanding unit owners to settle their dues within a minimum period of 14 days. Please note that there is no required minimum amount to serve such notice.

7. 𝑺𝒖𝒆 𝑫𝒆𝒇𝒂𝒖𝒍𝒕𝒆𝒓 𝒊𝒏 𝑺𝒕𝒓𝒂𝒕𝒂 𝑴𝒂𝒏𝒂𝒈𝒆𝒎𝒆𝒏𝒕 𝑻𝒓𝒊𝒃𝒖𝒏𝒂𝒍
If the outstanding fees are still unpaid after the provided time frame of at least 14 days has expired, the JMB or MC may file a summon or claim in a court or the Strata Management Tribunal to recover the amount owed.

Any unit owner, who without reasonable excuse, fails to comply with the demand for payment is deemed to have committed an offence. If convicted, the defaulter will face a maximum fine of RM5,000 and/or imprisonment of up to three years. If the offence continues, he will be liable to a fine of not more than RM50 for every day or part thereof during which the offence persists after conviction.

8. 𝑬𝒏𝒕𝒆𝒓 𝑼𝒏𝒊𝒕 𝑾𝒊𝒕𝒉𝒐𝒖𝒕 𝑷𝒆𝒓𝒎𝒊𝒔𝒔𝒊𝒐𝒏 𝑨𝒏𝒅 𝑪𝒐𝒏𝒇𝒊𝒔𝒄𝒂𝒕𝒆 𝒀𝒐𝒖𝒓 𝑻𝒉𝒊𝒏𝒈𝒔
As an alternative to taking the defaulter to court or the tribunal, the JMB may apply for a warrant of attachment from the Commissioner of Buildings (COB). The warrant authorises the JMB to confiscate any of the defaulter's movable property (e.g. TV, PC, laptop, smartphone) found inside his unit or elsewhere in the state.
If the sum due is still not paid within 14 days from the date of attachment, the seized movable properties can be auctioned off to pay the defaulter's outstanding balance. The warrant of attachment allows a representative from the JMB to forcibly enter the defaulter's unit in the daytime and confiscate movable properties. If the person holding the warrant encounters difficulties in executing the warrant, he may seek the help of the Commissioner of Buildings, who in turn can seek the assistance of a police officer to execute the warrant.

9. 𝑹𝒖𝒊𝒏 𝑫𝒆𝒇𝒂𝒖𝒍𝒕𝒆𝒓’𝒔 𝑪𝒓𝒆𝒅𝒊𝒕 𝑺𝒄𝒐𝒓𝒆 𝒊𝒏 𝑪𝑻𝑶𝑺 𝒂𝒏𝒅 𝑪𝑪𝑹𝑰𝑺
This can negatively impact your finances. If the JMB reports you as a defaulter in CTOS and Bank Negara Malaysia’s Central Credit Reference Information System (CCRIS), then you will encounter difficulty in obtaining loans from financial institutions.

This is because both CTOS and CCRIS show your financial commitments and how you have repaid them or not. Essentially, these credit reports are used by banks to assess your credit worthiness. So if you have been marked as a defaulter, it’s still possible to get loans, but this credit is likely to come with higher interest rates and low margins of financing compared to those obtained by borrowers of good standing.

Let us see what kind of actions JMBs can lawfully impose on defaulters.