theSun Property November 2015

ON FRIDAY

NOVEMBER 27, 2015

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>Criminalising non-payment of service charge

TheStrataManagement Tribunal

freedomof “no payment

of service charges” will end

with the establishment of

the StrataManagement

ribunal (SMTribunal). Any parcel

owner or tenant who fails to pay

service charges can be produced

before the SMTribunal with the

implementation of the Strata

Management Act 2013; the Strata

Management (Maintenance &

Management) Regulations 2015

enforced on June 2, 2015; and the

StrataManagement (SMTribunal)

Regulations 2015, effected 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 now a criminal offence.

“

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

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)

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.

DATO’ PRETAM SINGH

DARSHAN SINGH

LEGAL INPUT

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 Strata

Management 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-laws 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

The Order that the

SMTribunal can

make include:

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

centumper annum;

7. Dismiss a claimwhich it

considers to be frivolous

or vexatious;

8. Any other order as it deems

just and expedient; or

9. Make such ancillary or

consequential orders or relief

as may be necessary to give

effect to any order made by

the tribunal.

EXCLUSION OF

JURISDICTION IN 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.

This means that a claimant has to

decide in advance as towhich forum

he has to file a case because having

filed a case with the SMTribunal, he

will not be able to proceedwith the

same in the court or vice versa.

limited common property; or

14. A claim for an order to affirm,

vary or revoke the

commissioner of

building’s decision.