Who is responsible for managing and maintaining strata property?

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Strata property’s management bodies timeline

KUCHING: There has been a growing demand for strata-titled properties in Sarawak, especially among young adults and families in the urban areas.

A strata property is a development or scheme where the building or land is carved out into different lots or ‘parcels’, such as flats, apartments and condominiums.

Besides, one of the typical features of strata developments is that there are common or shared facilities and areas which are available and accessible for other residents. These facilities can include swimming pools, playgrounds and gyms among others.

Unlike living in a landed property, strata living requires shared responsibilities such as keeping the maintenance of the building and common properties running.

So, who is responsible for managing and maintaining strata property?

According to Abu Bakar Sepawi, the management and maintenance of buildings falls under the responsibility of the developer before it is handed over to the Joint Management Body (JMB) and Management Corporation (MC).

The former Head of Planning and Housing Policy Section of the Ministry of Housing and Local Government said these bodies are a requirement under the Ordinance, and are designed to provide a centralised body responsible for, and empowered to, oversee and organise management and maintenance on a strata development site.

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When a new property is completed, he said, these duties originally fall to the developer under what is known as the Developer Management Period (DMP), before being handed over to a JMB.

He said JMB needs to be formed within 12 months from the date of OP if issued before March 1, 2022; or first delivery of Vacant Possession (VP) of a parcel to a purchaser if OP issued after March 1, 2022.

JBM should comprise the developer and purchasers as well as be registered with the Commissioner of Building (COB); it will also establish maintenance and sinking fund accounts.

However, JBM will cease after MC is established for three months; at the point the developer successfully completes subdivision of the building and relevant strata titles have been issued and transferred to individual owners (25 per cent excluding those owned by the developer).

He was speaking at the “A Homeowner’s Webinar 2023; Implementing Best Practices for Strata Living in Sarawak” webinar organised by the Sarawak Housing and Real Estate Developers’ Association (SHEDA) yesterday.

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Abu Bakar said the JMB or the MC would then elect an entity known as the joint management committee (JMC) to do the day to day management and maintenance of a subdivided development.

The JMC, he said, is a committee of no less than three and no more than 14 members, to represent all strata unit owners and the developer. It will be responsible for the daily administration of management and repairs required for a subdivided building or development.

“The management committee may employ a professional managing agent or property manager to do this on their behalf,” he said, adding that all members of the JMC shall be elected at each annual general meeting (AGM).

Sarawak’s Strata Management Ordinance 2019, Strata (Management and Maintenance) Regulations 2022 and the Strata (Subsidiary Titles) Ordinance 2019 came into effect earlier last year, providing clear regulations for strata management and maintenance.

These have guaranteed the people’s home ownership of flats, apartments as well as condominiums especially when the strata living concept has become the trend in Sarawak.

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Among others, strata property developers are required to apply for strata titles for property buyers from the Land and Survey Department with the approved building plans.

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