Journal of the Korean housing association (한국주거학회논문집)

The Korean Housing Association (한국주거학회)
권호 표지
DOI QR코드

DOI QR Code

An Exploratory Study of Strata Residential Properties Problems in Peninsular Malaysia and How They are Resolved

말레이시아 주택의 구분소유권에 관한 탐색연구

  • Received : 2015.05.12
  • Accepted : 2015.10.06
  • Published : 2015.12.25
Download PDF
⟨ Previous Next ⟩

Abstract

This study identifies the common problems faced by the owners of strata titles, the Management Corporation, the Joint Management Body, the Commissioner of Building (COB) as well as the Managing Agent being the stakeholders in managing strata properties. The methods employed are qualitative in nature. Analysis is done based on reports published by the relevant authorities dealing with strata residential properties as well as the case law as reported in the two leading journals in Malaysia such as the Malayan Law Journal and the Current Law Journal. The types and nature of problems are derived from the annual reports. The extent of the problems is determined based on the figures and supported by observation and interviews with the COB, being the agency directly involved in overseeing and monitoring strata properties management. The findings show that a substantial number of problems exist in the management of strata properties despite a law that allows the owners to self-managed their own properties. Having stated the status quo concerning the problems, the study also looks at the various means of resolving disputes as exist under the Malaysian housing system. The study proposes that alternative dispute resolution (ADR) modes are more appropriate in ensuring the sustainability of strata living and management.

Keywords

References

  1. Aaron, N. (2013). Enforce Strata Title Act, govt.urged, The Sun Daily. retrieved August 11, 2015 from http://www.thesundaily.my/news/771829
  2. Annual Report (2012). retrieved February 28, 2015 from http://www.kpkt.gov.my/index.php/pages/view/162
  3. Ahmad, F.I. (2007). The Implementation of the Building and Common Property Act (2007) to overcome problems of maintenance and management of strata and the common property (Malay) paper presented at the Conference on Improvement of Delivery System-maintenance and management of real property.
  4. Amy, T. (2015). Strata Management (Malay). retrieved August 11, 2015 from www.parlimen.gov.
  5. Christudason, A. (2007). Defects in common property of strata developments in Singapore: Representative actions against developersStructural Survey, 25 (3/4), 306-318. DOI. http://dx.doi.org/10.1108/02630800710772872
  6. Fernandez, Derek, Comment: In pursuit of the elusive strata title, NST (2008). retrieved February 10, 2008 from http://www.malaysianbar.org.my/members_opinions_and_comments/comment_in_pursuit_of_the_elusive_strata_title.html.
  7. Gmssolutions.com.my. (2013). Professionalism in Property Management and Maintenance is an Issue? retrieved August 13, 2015 from http://www.gmssolutions.com.my/blog/professionalism-in-property-management-and-maintenanceis-an-issue/on.
  8. Mohd-Tawil, N., Che-Ani, A.I., ABdullahi, N.A.G., Tahir, M.M., & Sutar, M. (2010). Facilities Management Indicators for High Rise Residential Property in Malaysia. WSEAS Transactions on Environment and Development, 6(4), 255-264.
  9. Morrow, V. (1999). Conceptualising social capital in relation to the wellbeing of children and young people: a critical review. Sociological Review, 47(4), 744-765. https://doi.org/10.1111/1467-954X.00194
  10. Ng, S. (2015). Strata Title Still an Issue for many apartments. retrieved August 11, 2015 from www.malaysiakini.com
  11. Nor Asiah, M., & Azlinor, S. (2013). Development on Management of Strata Disputes in Peninsular Malaysia: The Way Forward, paper presented at the 4th International Conference on Business and Economic Research Proceeding. 04-05 March 2013. ISBN: 978-967-5007-10-6.
  12. Olusegun Olaopin Olanrele, Abubakar Ahmed, & Hakeem Olubodun Smith (2013). Facilities Management Service Delivery in Public and Private High Rise Residential Buildings in Nigeria: A case study of Eko Court Complex and Niger Towers, Third Annual International Building Control Conference (IBBC), 21st November, 2013, Kuala Lumpur.
  13. Tiun, L.T. (2006). Managing Highrise Residential Building in Malaysia, Where We Are. Persatuan Sains Sosial, Putra University Malaysia, 8-10
  14. Teoh, H.S. (1991). Management Corporation and the Law - Insights and the Challenges Ahead paper presented at the Seminar on Strata Title and Management Corporation. 11th March 1991.
  15. Unger, D.G., & Wandersman, A. (1985). The Importance of Neighbors: The Social, Cognitive, and Effective Component of Neighboring. American Journal of Community Psychology, 13( 2) , 139. https://doi.org/10.1007/BF00905726
  16. Villa, W. (2013). Violence and abuse towards the Management Office Team. retrived September 27, 2013 from jmb-www.blogspot.com
  17. Tribunal to address strata management disputes (2015). Retrived January 23, 2015 from www.thestar.com.my
  18. The Strata Titles Act 1985
  19. The Malaysian Bar-Strata Titles (Amendment) Act (2013). Retrieved August 11, 2015 from http://www.malaysianbar. org.my/legal/general_news/strata_titles_amendment_act_2013.html
  20. The Strata Management Act 2013