grant exclusive use of designated parts
of the common property to a particular
component and thereby restricting
such use from other components.
Thus, such JMBs, in our humble opinion,
should be allowed to continue with
their different rates of maintenance
charges that have been approved at
the AGM/EGM as fair and reasonable
maintenance charges to the different
components based on an approved
rational operating budget. But, we
stand corrected with other differing
views.
Perhaps other JMBs of large diverse
and complicated mixed-use strata
schemes may want to emulate the
abovementioned JMBs in their pragmatic
approach to seek maintenance charges
that are rational, fair and reasonable to
their diverse components. However,
they (JMBs) should seek independent
legal advice prior to such undertaking.
Real examples of the current dilemma:
(1) Mixed-use strata scheme comprising
high-rise condominium blocks with
low- and medium-cost flats.
(2) Mixed-use strata scheme comprising
high-rise condominium blocks with
exclusive facilities and land parcels of
linked terrace houses without facilities.
(3) Mixed-use strata scheme comprising
retail mall, hotel, office, apartments and
en bloc retail car park parcels.
(4) Mixed-use strata scheme comprising
high-rise towers of multiple office
parcels, en bloc retail mall podium
and en bloc three-storey shop parcels
fronting access road.
(5) Mixed-use strata scheme comprising
high-rise block of office parcels and en
bloc block of hotel.
Datuk Chang Kim Loong is the
honorary Secretary-General of the
National House Buyers Association
(HBA), a non-government and
not-for-profit organisation wholly
manned by volunteers.
Legislation intervention needed
It is pertinent to note that Section 60
of SMA 2013 allows different rates of
maintenance charges for the MCs of
mixed-use strata schemes.
KPKT and JKPTG have to quickly look
into amending SMA 2013 and the
Strata Titles Act to resolve the present
dilemma of such large diverse and
complicated mixed-use strata schemes,
to offer clarity and in no uncertainty.
The minister may have to pass a new set
of SMR to even differentiate between
“residential” and “commercial” areas.
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