theSun Property August 2015

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ON FRIDAY AUGUST 21, 2015
My sanctuary at Putra1
INDULGE yourself in the exclusive
sanctuary at Putra 1, the latest
condominiumaddress within the
Bandar Seri Putra township in
Selangor.
Putra 1 is strategically located
between KLIA, Putrajaya and
Cyberjaya. It is easily accessible
from the KL-SerembanHighway
via the dedicated PutraMahkota
Interchange. A short drive from the
Mahkota Toll Plaza, it is also
situated close to the Bandar Baru
Bangi education hub.
Putra 1 boasts a resort-style
condominiumdesigned to offer six
blocks of 505 apartment units. The
development is surrounded by a
three-acre courtyard comprising
lush landscapes of nature’s beauty
and playgrounds with lots of space.
Residents can amp up their
lifestyles with the host of condo
facilities such as a sauna room,
badminton and basketball courts, a
reflexology pond, alfresco areas to
entertain, swimming andwading
pools and a lot more, including
security systems that enhance the
peace factor.
Residential units range between
854 sq ft and 1,224 sq ft with prices
starting fromRM444,000. Layouts
are spacious, the smallest offering
2+1 bedrooms with 2 bathrooms.
Experience the true beauty of
Putra 1 during its “AMerdeka
Weekend” taking place on Aug 22
and 23 from9.30am to 5.30pmat
the sales gallery. Childrenwill be
entertained by clowns and exciting
activities while popcornwill
delight both young and young-at-
heart. Moreover, home buyers and
investors can indulge in the wealth
of information shared by industry
professionals that include Ahyat
Ishak, Abdul Aziz Ahmad andDr
Daniele Gambero.
Putra 1 is expected to be
completed inNovember 2017.
Currently, buyers can enjoy
zero legal fees on SPA andDMC,
partial subsidies on loan
documentation legal fees and a
special rebate.
For more information, visit
or the sales
gallery in Kajang, Selangor this
weekend.
Email your feedback and
queries to: propertyqs@
X
EXCLUSIONOF
JURISDICTION
OF COURT
Where a claim is
filedwith the SM
Tribunal and the
claim is within the
Tribunal’s jurisdiction,
the issues in dispute in
that claim, whether as
shown in the initial claimor as
emerging in the course of the
hearing, shall not be the subject of
proceedings between the same
parties in any court unless:
(a) the proceedings before the
court were commenced before the
claimwas filedwith the Tribunal; or
(b) the claimbefore the Tribunal
is withdrawn, abandoned or struck
out.
Thismeans that a claimant has to
decide in advance as towhich forum
he has to file a case because having
filed a case in the SMTribunal
means he cannot file the proceed in
the same courts or vice versa.
PERSONS ENTITLED TO FILE
A CLAIM
This is a free for all Tribunal with
many claimants and they are:
(a) a developer;
(b) a purchaser;
(c) a proprietor, including an
original proprietor;
(d) a joint management body;
(e) amanagement corporation;
(f) a subsidiarymanagement
corporation;
(g) amanaging agent; and
(h) any other interested person,
with the leave of the Tribunal.
Filing procedure is inexpensive,
pay only RM20 and simply fill in the
required forms. These forms have
not been uploaded yet on the KPKT
web site but requests can bemade
by email.
RIGHT TOAPPEAR AT
HEARINGS
At the SMTribunal, no party shall
be represented by an advocate and
solicitor at a hearing unless, in the
opinion of the Tribunal, thematter
in question involves complex issues
of law and one partywill suffer
severe financial hardship if he is not
represented by an advocate and
solicitor. A corporation or
unincorporated body of persons
may be represented by a full-time
paid employee of the corporation or
Service charges under
strata title
BYDATUK PRETAM SINGH
Arecent conversationwith a
relative on urban living
raised a couple of
interesting issues. One led
to suggest that many high-rise
buildings inMalaysia were fast
becoming urban slums, of which I
agreed, having noticed that although
Malaysians have started living in
stratified development properties,
they express the devil-may-care
attitude and expect “free lunch”.
Clearly, there is a huge need for a
paradigm shift in responsibilities
with regard to community living.
This so-called freedomof not
paying of service charges will come
to an endwith the establishment of
the StrataManagement Tribunal
(SMTribunal). It states that any
parcel owner or tenant who fails to
pay service charges, can be brought
before the SMTribunal with the
implementation of the Strata
Management Act 2013, Strata
Management (Maintenance &
Management) Regulations 2015
(June 2, 2015) and Strata
Management (StrataManagement
Tribunal) Regulations 2015 (July 1,
2015). It is interesting to note that
limitation is not applicable to the
SMTribunal and themaximum that
can be claimed is RM250,000 per
claim. Any non-compliance of an
award (decision) of the SM
Tribunal is nowa criminal
offence.
THE TRIBUNAL
“Any personwho fails to comply
with an awardmade by the Tribunal
commits an offence and shall, on
conviction, be liable to a fine, not
exceeding RM250,000 or to
imprisonment for a termnot
exceeding three years, or both, in
the case of a continuing offence, to a
further fine not exceeding RM5,000
for every day or part thereof during
which the offence continues after
conviction.” (Section 123)
The Tribunal shall consist of the
followingmembers who shall be
appointed by theMinister:
(a) a Chairman and a Deputy
Chairman to be appointed from
among themembers of the
Judicial and Legal Service; and
(b) not less than 20 other members
to be appointed fromamong:
(i) the persons who aremembers of
or who have held office in the
Judicial and Legal Service; or
(ii) the persons who are admitted as
advocates and solicitors under
the Legal Profession Act 1976
[Act 166], the Advocates
Ordinance of Sabah [Sabah Cap.
2] or the Advocates Ordinance
of Sarawak [Sarawak Cap. 110],
andwho has no less than seven
years’ standing, each appointed
for a period of three years.
JURISDICTIONOF TRIBUNAL
The Tribunal shall have the
jurisdiction to hear and determine
any claims where the total amount
in respect of which an award of the
Tribunal is sought, does not exceed
RM250,000 or such other amount,
as may be prescribed to substitute
the total amount.
Claims can be filed in relation to
the following:
1. A dispute or complaint
concerning an exercise or the
performance of, or the failure to
exercise or perform, a function,
duty or power conferred or
imposed by StrataManagement
Act 2013 or the by-laws;
2. A dispute on costs or repairs
in respect of a defect in a parcel,
building or land intended for
subdivision into parcels, or
subdivided building or land,
and its common property or
limited common property;
3. A claim for the recovery of
charges, or contribution to
the sinking fund, or any amount
which is declared by the
provisions of this Act as a debt;
4. A claim for an order to convene
a general meeting;
5. A claim for an order to
invalidate proceedings of
meeting where any provision of
the Act has been contravened;
6. A claim for an order to nullify a
resolutionwhere voting rights
has been denied or where due
notice has not been given;
7. A claim for an order to nullify a
resolution passed at a general
meeting;
8. A claim for an order to
revoke amendment of by-l aws
having regard to the interests
of all the parcel owners
or proprietors;
9. A claim for an order to vary the
rate of interest fixed by the
joint management body,
management corporation or
subsidiarymanagement
corporation for late payment of
charges, or contribution to the
sinking fund;
10. A claim for an order to vary
the amount of insurance to be
provided;
11. A claim for an order to pursue
an insurance claim;
12. A claim for compelling a
developer, joint management
body, management
corporation or subsidiary
management corporation to
supply information or
documents;
13. A claim for an order to give
consent to effect alterations to
any common property or
limited common property; or
14. A claim for an order to affirm,
vary or revoke the
Commissioner of Building’s
decision.
The Order that the SMTribunal
canmake are:
1. Pay a sumof money to another
party.
2. Order the price or other
consideration paid by a party to
be refunded to that party.
3. Order the payment of
compensation or damages for
any loss or damage suffered by a
party.
4. Order the rectification, setting
aside or variation of a contract
or additional by-laws, wholly or
in part.
5. Order costs to or against any
party to be paid.
6. Order interest to be paid on any
sumor monetary award at a rate
not exceeding eight per centum
per annum.
7. Dismiss a claimwhich it
considers to be frivolous or
vexatious.
8. Any other order as it deems just
and expedient
9. Make such ancillary or
consequential orders or relief
asmay be necessary to give
effect to any order made by
the Tribunal.
body. The Tribunal may conduct
the proceedings in suchmanner as it
considers appropriate, necessary or
expedient for the purpose of
ascertaining the facts or law in order
that it may determine a claim.
FAST DISPOSAL OF CASES
The SMTribunal shall make its
awardwithout delay and, where
practicable, within sixty days from
the first day of the hearing before
the Tribunal commences. Inmaking
an order under subsection (3), the
Tribunal shall have regard to:
(a) the relevant provisions of this
Act; or
(b) the interest of all parcel owners
or proprietors in the use and
enjoyment of their parcels or the
common property or limited
common property. The award
given are final and binding on all
parties to the proceedings and
are be deemed to be an order of a
court and be enforced
accordingly by any party to the
proceedings. However, any
person dissatisfiedwith the
decision of the SMTribunal can,
apply to theHigh Court
challenging the award in the
proceedings on the ground of
serious irregularity affecting the
awards whichmeans an
irregularity of one or more of the
kinds which the court considers
has caused substantial injustice
to the applicant.
With the establishment of the SM
Tribunal there is hope for better
maintenance andmanagement
culture to spur our quest to become
a developed nation and zero non-
payment issues.
>Criminalisingnon-payment of service charge
under the StrataManagement Tribunal