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Friday, June 21, 2024

Commissioner Of Buildings (COB) In Malaysia, And Their 6 Main Functions


Have you heard of the Commissioner of Buildings (COB)? Maybe it’s whispered about in your apartment complex at night — "be sure to pay your maintenance fees, or the Commissioner of Buildings will get you".
Don’t worry, it’s not as scary as that! The COB is actually a valuable part of effective facility management, and that’s particularly important when you live in a large stratified property.
So, let’s dispel the myths and get down to the truth. Here’s everything you need to know about the Commissioner of Building in Malaysia, and why that’s important to you as a property owner.

Understanding The Commissioner Of Buildings

The Commissioner of Buildings is essentially an enforcement officer designed to police the rules and regulations of the Strata Management Act 2013 (SMA).
This Act is the framework of regulation, which ensures stratified properties are managed and maintained in an effective and fair manner.
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It’s the set of rules that lays out the rights and obligations of every single stratified property owner in Malaysia, as well as other relevant parties, such as management bodies and developers.
It includes essential elements of stratified property ownership, such as the rules and limits around maintenance fees and sinking funds.
A COB will only ever be appointed to oversee stratified properties such as apartments, condos, or flats, so you don’t have to worry about someone turning up at your bungalow looking to enforce any rules!
Stratified properties are those where owners possess a strata title to individual property units as part of a larger shared development, and some less common property types like townhouses.
In addition, the Commissioner of Buildings is empowered by a local council authority within a given state.
So, for example: the Commissioner of Buildings Selangor will have separate agents appointed by, and responsible for, municipal councils from Subang JayaPetaling JayaKajang, and so on.
You can find a handy list of Commissioner of Buildings compiled by the National House Buyers Association to refer to here.
The COB is empowered to investigate and adjudicate on breaches of the SMA, providing a neutral third-party that ensures all rules are fairly applied to everyone involved. Basically, they’re kind of like the sheriff of building management.

PropertyGuru Tip

The term ‘adjudicate’ simply refers to the process of determining how much stamp duty is payable for the instrument of transfer.

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A Commissioner of Buildings’ role isn’t just about punishing people though. It’s designed to ensure proper management and upkeep of stratified property is maintained for the benefit of all.
They’ve even got a cool description of their objective, taken from the official Klang Commissioner of Buildings’ website:
To ensure maintenance of joint property is implemented, based on the law and procedures, for creating harmony in life sharing joint property for the development of elevated [buildings].

What Does The Commissioner Of Buildings Do?

Like we’ve highlighted above, the Commissioner of Buildings enforces the rules laid out in the Strata Management Act 2013. But what does that really cover?

It’s not just maintenance fees and sinking funds like you might think. There are six main functions of the Department of Building Commissioner, as noted by the Klang COB:
  1. Conducting inventory on buildings within the relevant local area.
  2. Ensure the establishment of a Joint Management Body (JMB) for development involving stratified planning.
  3. Resolving any dispute between the developer and the purchaser relating to the establishment of the JMB and account maintenance.
  4. Monitor the action of a developer in addressing repair defects.
  5. Enforce the law stipulated in the Strata Management Act (Act 757) 2013 and the Strata Management Act 2013 (Act 757).
  6. Provide periodic learning about administrative management, audited accounts, financial provisions and other various topics related to the management of JMB/MC.
That list of duties covers a whole range of property management obligations, from accounts right through to education and support for the Joint Management Body (JMB) or Management Corporation (MC).
The Commissioner of Buildings is entitled to a range of powers in order to fulfill the obligations highlighted above.
They include, but are not limited to, access to accounts of management boards and developers for the purpose of auditing.
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That means all decisions made by the COB should be informed by the latest financial information to ensure appropriate oversight.
The COB can also step in and appoint an individual to assemble meetings in order to meet the obligations of building management, or order the MC itself to hold an extraordinary general meeting (EGM) if required.
Commissioner of Buildings, or authorised personnel designated by the COB, may access a property for the purpose of carrying out essential repairs at any time.
The COB also has power to prosecute any individuals who fail to meet their payment obligations such as management or maintenance fees, and adjudicate on any dispute around payment of such fees.
That includes obligations around the defect liability period that’s laid out in the Housing Development Act.

Is The COB Always Right?

It might sound like the COB is some sort of all-powerful overseer of strata property management, but that doesn’t mean they’re not also held accountable.
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The COB is answerable to the Strata Management Tribunal. On top of that, the rulings of the COB are ultimately answerable to legal processes in the courts, and challenges to COB decisions can be brought in via this way.
In one example from 2010, a Management Corporation (MC) for a development in Penang challenged the COB in the High Court over a ruling that only unit owners could be elected as council members of stratified property management corporations.
The COB ruling, and the following appeal, were later upheld. The COB isn’t always in the right, however.
In 2013, the COB ruled on a case whereby a developer owed a JMB for a shortfall of RM500,000 in overdue maintenance funds.
The JMB referred the matter to the COB, who ruled that the sum was owed by the developer to the JMB. A court ruling later dismissed this, citing lack of jurisdiction in this matter by the COB.

What’s The Difference Between COB And Strata Management Tribunal?

At this point, some of you might be wondering where the Strata Management Tribunal (SMT) comes into play?
The Strata Management Tribunal is another legally recognised body, which, like the Commissioner of Buildings, provides a vital service in overseeing stratified properties.
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While the COB is concerned with the general needs and enforcement of building maintenance and management, the SMT is a body which exclusively deals with resolving disputes. There are some subtle differences however, that should be recognised.
Ultimately, the COB is answerable to the SMT, since it’s the empowered legal authority for overseeing the implementation of the full Strata Management Act 2013The Strata Management Tribunal is limited to claims brought by the following parties:
  • Developer
  • Purchaser
  • Proprietor
  • Joint Management Body (JMB)
  • Management Corporation (MC)
  • Subsidiary Management Company (SMC)
  • Managing agent
  • Relevant parties (Special permission granted by Tribunal)
The SMT is designed to provide an affordable and accessible dispute resolution body for problems of stratified ownership. There’s no legal representation required, except in extremely complex cases where it’s deemed that one party may be disadvantaged by lack of representation.
The critical point to understand about the SMT in relation to the COB is that the SMT will only hear claims covering financial costs up to a maximum RM250,000.
Any cases over that amount, such as the 2013 disputed claim noted above, are outside that scope. You can find out more about the full details of the Strata Management Tribunal here.
Breaking down the difference between SMT and COB in the most simple way possible – the Commissioner of Buildings is the sheriff and the enforcer, the Strata Management Tribunal is the judge(s) who oversee application of the law.
These are all important measures to ensure all stratified properties don’t end up becoming like the Wild Wild West of property management!
Relevant Guides:
Disclaimer: The information is provided for general information only. PropertyGuru International (Malaysia) Sdn Bhd makes no representations or warranties in relation to the information, including but not limited to any representation or warranty as to the fitness for any particular purpose of the information to the fullest extent permitted by law. While every effort has been made to ensure that the information provided in this article is accurate, reliable, and complete as of the time of writing, the information provided in this article should not be relied upon to make any financial, investment, real estate or legal decisions. Additionally, the information should not substitute advice from a trained professional who can take into account your personal facts and circumstances, and we accept no liability if you use the information to form decisions.
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Courting Manila, US and its allies try to 'paint a troublemaker as a victim'

 

Cartoon: Carlos Latu



China's recent law-enforcement maneuvers in the South China Sea to counter the Philippines' provocation backed by the US were "necessary, professional, restrained and beyond reproach," said the Chinese Foreign Ministry, while Washington and a few non-regional US allies, such as the UK and Canada, have made groundless and biased condemnations against China on the latest incident near China's Ren'ai Jiao (also known as Ren'ai Reef). 

Analysts said the risky and irresponsible act conducted by the Philippines are quite unpopular among ASEAN member states, and that Manila should be aware of the danger of being used by the US as a pawn to disrupt the stability and peace of the region. 

In response to the complaint from Manila about China's law-enforcement action, Lin Jian, a spokesperson of the Chinese Foreign Ministry, said on Thursday that this operation of the Philippines is absolutely not about "humanitarian resupply. 

The Philippine vessels secretly carried construction materials and even weapons and equipment, and they deliberately rammed Chinese vessels. The Philippine side threw water and hurled objects to Chinese enforcement personnel. These acts clearly escalated tensions at sea, and severely threatened the safety of Chinese personnel and vessels, Lin said.

Photos obtained by the Global Times exclusively from the China Coast Guard (CCG) on Wednesday show the CCG's interception, boarding, inspection and expelling of Philippine vessels when they illegally intruded into waters near China's Ren'ai Jiao in the South China Sea on Monday.

"China took necessary measures in accordance with law to safeguard its sovereignty, which was lawful and justified, and done in a professional and restrained manner. It was beyond reproach. China will firmly safeguard its lawful rights and interests. We urge the Philippines to stop infringement and provocation at sea at once. Otherwise, the consequences shall be borne by the Philippines," Lin said on Thursday.

The CCG's new procedures that allow Chinese law enforcement forces to take more decisive action to counter provocations took effect on Saturday, and Manila wants to test the new procedures, and now it has the answer, said a Beijing-based military expert who asked for anonymity. 

The latest incident is a proof of China's determination to safeguard its own interest, sovereignty and security, and China is well-prepared to counter any further aggressions and provocations by the Philippines or the US that aim to disrupt regional peace and stability in the future, the expert told the Global Times on Thursday. 

China's law-enforcement actions have remained restrained and professional, although the Philippines' acts are dangerous and provocative that deserve more powerful and decisive countermeasures, said experts. This has shown China's sincerity to avoid escalation of tension, analysts said.    

US Secretary of State Antony Blinken on Wednesday held a call with Philippine Foreign Secretary Enrique Manalo to discuss China's actions in the South China Sea, which Manila and Washington have called "escalatory." Blinken underscored the US' ironclad commitments to the Philippines under the Mutual Defense Treaty, the US State Department said.

Li Haidong, a professor at the China Foreign Affairs University, told the Global Times on Thursday that the US is just playing the trick of "making a troublemaker into a victim," as everyone can see crystal clear that it was Washington that stands behind all the risky provocations conducted by the Philippines, and when China takes very restrained actions to stop their irresponsible and dangerous behaviors that threaten China's sovereignty and national security, they start to cry out and draw attention. 

They have done the same thing during the term of former Philippines president Benigno Aquino III in early 2010s, and the Philippines get nothing eventually after a series of frictions and tensions with China, and the US has never paid for the losses that Manila has suffered, and unfortunately, now the Ferdinand Marcos Jr's administration is repeating the same mistakes, said experts. 

In the past few years, with the efforts made by China and other regional countries, including the Philippines during the term of Rodrigo Duterte, the South China Sea has already become a sea of peace, friendship and cooperation. Unfortunately, due to the US military acts in the region, and its collaboration with the Marcos Jr's administration in recent years, the regional peace and stability have been disrupted. The US interference is the root cause of worsening tensions in the region, said Li.  

A few US allies like Britain and Canada have followed the US to condemn China's actions, Reuters reported.

On Wednesday, the Chinese Embassy in Canada said in a statement released on its website that ""Canada is not a party to the South China Sea issue, yet frequently makes erroneous statements on this issue. Canada has repeatedly sent warships and helicopters to flaunt its power in the South China Sea under the pretext of safeguarding the freedom of navigation and overflight, which is a serious violation of the purposes and principles of the United Nations Charter, and endangers regional peace and stability."

Lone troublemaker

When the US and its allies that are far from the South China Sea are making groundless accusations and condemnations, no regional ASEAN countries are following the US step to encourage Manila's risky move, analysts said. 

"Vietnam, Indonesia and Malaysia all refuse to bring in the external forces to make the South China Sea issue more complicated, as they believe that they can work with China to manage the differences and explore the region jointly, while the Philippines is the one that fails to withstand the interference from the external force," Li noted. 

Malaysian Prime Minister Anwar Ibrahim said in a recent interview with Chinese news website guancha.cn that on the South China Sea issue, Malaysia's position is that the regional countries "have to negotiate among friends," and there is no reason to invite external powers from outside.

In April, Malaysian Foreign Minister Mohamad Hasan said during his visit in Beijing that his country opposes "external forces" meddling in the South China Sea, and foreign interference in the region was not welcomed.

Also in April, Chinese and Vietnamese defense ministers signed an MOU on a hotline between the People's Liberation Army's Southern Theatre Command and the Vietnamese navy, which set an example for regional countries to handling maritime disputes, said observers.

In December 2023, Vietnamese Foreign Minister Bui Thanh Son said during a meeting with Chinese Foreign Minister Wang Yi that "the Vietnamese side is willing to work with the Chinese side to maintain peace and stability at sea in accordance with the high-level consensus between the two countries," the Xinhua News Agency reported. 

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Exclusive: Multiple video footage show Philippines' secretly reinforcing illegally grounded vessel in Ren'ai Jiao

The recent revelation that the Philippines secretly transferred materials to reinforce the dilapidated military vessel illegally grounded at Ren'ai Jiao underscores the root cause of the current tense situation in the South China Sea - the Philippines' ongoing provocations with US support. Analysts said that the law enforcement measures taken by the China Coast Guard to safeguard China's national interests are legitimate and justified.


https://www.globaltimes.cn/page/202406/1314463.shtml?id=12

Chinese Premier Li Qiang's visit deepens China-Malaysia economic and trade ties

With the concerted efforts of business communities and individuals across various sectors in both China and Malaysia, the next 50 years of China-Malaysia relations promise to be another golden era, Chinese Premier Li Qiang said on Thursday during an official visit to Malaysia.


Thursday, June 20, 2024

Malaysia bids to join BRICS alliance

 

 
Anwar conveys interest to Brazilian president and ‘will go through the process’

BUKIT MERTAJAM: Malaysia will seek to join the BRICS (Brazil, Russia, India, China and South Africa) intergovernmental organisation, says Datuk Seri Anwar Ibrahim.

The Prime Minister said he had conveyed Malaysia’s wishes to Brazil’s President Luiz Inacio Lula da Silva.

“We (Malaysia) will go through the process to enable the country to join the organisation. For the past two months, the Foreign Ministry has conducted a study on our policy before deciding to join BRICS.

“I have spoken to the President of Brazil about our wish,” he said after attending a gathering for local residents in Mengkuang Semarah here yesterday.

Anwar was earlier quoted as saying that Malaysia would begin the formal procedures to join BRICS.

In an interview with Shanghai-based news site Guancha, Anwar said Malaysia was now awaiting the final decision and feedback from the South African government.

On the ground: Anwar getting friendly with the children who attended the qurban ceremony with the Prime Minister at Masjid Jamek Cerok Tokun Bawah in Bukit Mertajam, Penang. — BernamaOn the ground: Anwar getting friendly with the children who attended the qurban ceremony with the Prime Minister at Masjid Jamek Cerok Tokun Bawah in Bukit Mertajam, Penang. — Bernama

BRICS was originally founded as BRIC, with the four original members being Brazil, Russia, India and China. It held its first summit in Yekaterinburg, Russia, in 2009.It was renamed BRICS when South Africa joined in 2010.

The group now comprises Brazil, Russia, India, China, South Africa, Iran, Egypt, Ethiopia, the United Arab Emirates and Saudi Arabia.

Together, they make up about 30% of the world’s land surface and 45% of the global population.

The grouping, originally set up to highlight investment opportunities, has evolved into a geopolitical bloc where members meet annually at formal summits.

In July 2014, BRICS created a US$100bil (RM471bil) New Development Bank with a currency pool worth over another US$100bil.

Since 2012, it has been planning an optical fibre submarine communications cable system, known as the BRICS Cable.

During the summit in 2023, BRICS members committed to studying the feasibility of a new common currency.

To date, 15 summits have been held with Russia scheduled to hold the next one in Kazan, Russia, in October.

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Tuesday, June 18, 2024

Aged Birds cannot fly, What a great message to Human. Follow them

An old age bird can't fly and go out for food, no old age home unlike human beings have, young baby bird is feeding. It's message to human beings about beautiful relationship....🙏🙏
byu/bsw_boy inIndiaSpeaks

 

Aged Birds cannot fly and there are no Old Age Homes for them. The small baby birds are feeding them. Great message for younger generation. Hats-off to Nature. They don't go to school, no one taught them, but they know their responsibilities. What a great message to Human. Follow them.

https://www.facebook.com/reel/998399107947588

‘Review Strata Management Act’

 

Separate role for property managers


Borhan (front row, third from left) with attendees during the Strata Residential Building Management Enhancement Seminar in Shah Alam.

A REVIEW of the Strata Management Act 2013 is needed to ensure existing laws and regulations are relevant and effective, says Selangor housing and culture committee chairman Borhan Aman Shah.

He said the law needs to address emerging challenges faced by joint management bodies (JMB) and management corporations (MC).

Borhan said the Housing and Local Government Ministry should consider providing more funds and grants to JMB and MC to assist them in implementing maintenance and repair projects.

“Provide more training and capacity building for JMB and MC members as well as building management agents,” he said during the Strata Residential Building Management Enhancement Seminar at a convention centre in Shah Alam. 

Borhan said the ministry should introduce new technology for strata management.

“This includes the use of mobile apps and digital management systems to streamline the daily operations of JMB and MC in enhancing management efficiency,” he said.

He also suggested that personal accident insurance packages be included for JMB and MC committee members under the amended law to motivate them to carry out their duties.

He said for example, when the JMB or MC carried out maintenance checks and the elevator in an apartment was faulty, their safety could be at risk.

Such checks, Borhan said were made without any guarantee that they would be compensated in the event of an untoward incident.

“There is nothing to ensure their safety or welfare, and many felt burdened when carrying out their jobs.

“Besides the insurance, JMB should be allocated additional grants to enable them to carry out their responsibilities without having to worry about their safety.

Borhan advised those involved in managing apartments to attend seminars to empower and update themselves on governance system for JMB and MC.

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Govt to review, amend Strata Management Act

MBPG sets rescue plan for problematic strata homes - The Star

Commissioner Of Buildings (COB) In Malaysia, And Their 6 ...

Govt to review, amend Strata Management Act

KUALA LUMPUR: The government is set to review the Strata Management Act 2013 (Act 757) for amendment soon, said the local government development ministry.

Its deputy minister, Akmal Nasir, said the review and amendment of the Act were in line with the third Rolling Plan of the 12th Malaysia Plan.


Strata Management Practice & Procedure A ...

13 Oct 2021 — Strata Management Act 2013 [Act 757]. Strata Management Act 2013 [Act 757]. Strata Management (Maintenance and Management) Regulations 2015

https://www.ongmaju.com/wp-content/uploads/2017/01/Strata-Management-Act-757-English.pdf

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