Some good residents posted this article to be shared among all the residents to read and understand the real procedure.
ACT 663 Malaysia
BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT)
Section 34. Failure or refusal to pay charges.
ACT 663 Malaysia
BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT)
Section 34. Failure or refusal to pay charges.
Any person who, without any reasonable excuse, fails or refuses to pay maintenance and management charges commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and shall also be liable to a further fine not exceeding fifty ringgit for every day during which the offence is continued after the conviction.
It is uncommon to find a minority of characters that chose not to pay the maintenance charges. They think they can get away with it. The BCPA is very clear. Everyone has to pay and owned up to the charges. If they don’t pay, the JMC can take action. Committee will take action according to the following procedures
• Determine the type of breaches.
• Actions in violation of house rules.
• Over due of maintenance and sinking fund charges by 30 days.
JMB Action
• Document the breach accordingly.
• Served the owner notice No 1. Giving the owner 14 days to rectify the breach.
• If owner continue to be in breach served the owner with Notice No 2. Giving the owner another 14 days to rectify the breach.
• Notices shall be given to the unit owner or its tenant. Owner or tenant must acknowledge acceptance by signing an acceptance slip.
• In event that the tenant or the unit owner refuses to acknowledge acceptance, the notice will be left at the unit concerned or in the mailbox or the registered address and it shall be deemed to have been served.
Additional action to be taken.
• At the end of Day 14 from the date of notice No 1 and breach has not been rectified; the management will cut the water supply.
• Water supply can only be restored after breached has been rectified and the necessary fines has been paid.
• At the end of Day 28, if breach has not been rectified, management will block the access to the car park and the owner’s car shall be clamped.
• Access to the car park will be allowed and clamp will be removed only when breach has been rectified AND
• The necessary fines has been paid.
Fines
The fines for the specific action to restore services are as follows:
• Restoration of water supply: RM50.
• Removal of clamp: RM50.
• Reactivation of parking access: RM50.
Actions Involving COB
If the maintenance fee is in arrears which is equivalent or more than 6 months of the maintenance charges the management will report to the COB:
• COB will issue notice to unit owner to pay (s33,BCPA)
• Failure to pay the maintenance charge after COB notice issued, the unit owner will be fined for a sum not more than RM3,000. If the owner continues to ignore the payment, COB will impose an additional amount of RM50 daily until full settlement of fine and outstanding charges.
• If payment is still not made within 7 days from notice period, COB will initiate the auction of the property. (s33,(5) BCPA).
Penalty of not paying Maintenance Charges.
• If unit owner don’t pay, COB can take the following action. Being fined not more than RM3000 AND daily fine of RM50 till outstanding charges are fully paid.
• COB can auction property to recover the outstanding charges.
ACT 663 MENTION JMB MUST ISSUE NOTICE 1 AND NOTICE 2. AFTER 14 DAYS ONLY JMB CAN CUT WATER SUPPLY. WHERE IS THE NOTICE ??? DID JMB FOLLOW THE RULES BEFORE CUTTING THE WATER SUPPLY ???
ReplyDeleteFIRST OF ALL GET THE CERTIFICATE THEN TALK ABOUT THE RULES..
ReplyDeleteResident right how..lift..swimpool..from beginning issue how.ded why people not pay
ReplyDeleteSo don't make an issue , if u all knew the JMB not getting the full certificate...do u think JMB can make miracle by overnight...those who not pay yet the maintenance. No money no talk....old JMB sapu all the money..WHY NO ONE ENQUIRY THEM...why always blaming NEW JMB..whom take over few months ...no cert due to corruption from old JMB...can't u all think...before talk...
ReplyDeleteOld Jmb means who.including Bernard thing times..he is the real that make Jmb up.but also useless..now new Jmb...always blame old Jmb...next Jmb also can say..old Jmb....way forward think how to get money..
DeleteHello kawan, please welcome anyone to willing help BV ...jgn lawan lawan kat sini...it's time to united.bring bright future to BV
DeleteWhy JMB only take action for resident refuse to pay maintenance fees , did JMB know the reason(s) why BV residents refuse / not happy to pay or delay payment ? it is because their performance is very very poor , such as lift , swimming pool , security guards, etc .... has been out of service for such a long long time , it is very inconvenience to all residents esp lift elderly person have to walk up the stair case many times , As we all knew that recently residents' house break in and a lot outsider enter in BV apartment freedom & their life is in danger at any moment and they fear what is going to happen to their family members ? swimming pool can not be used for very long time , once draining water inside swimming pool that is why a lot of mosquitoes , and many children and adult are so disappointed , and water supply were cut from SYBAS , and don't know TNB is going to cut off power supply ??? , and we all keep on blame Old JMB any legal action has been taken against those people ??? that is the reasons they refuse to pay maintenance fees on time !!! that is why do not just complaint every case to COB , it is not fair to them BV residents also can bring up this matter seriously to COB and even can complaint to higher authority to justify the case . Disappointed Resident
ReplyDeleteDon't simply blame any new or old JMB, they are doing their best to rectify the problems. Can't u all see the action taken by new JMB....stop complaining and show yr support to improve the place. If you all hv ideas, please come forward to help ....as resident I notice that b4. New JMB , security not good too,broke in happens in all blocks, no water in the swimming pool, surrounding not really clean up ( rubbish everywhere), lift breakdown ...it's continue...but please support new JMB for Improvement...no pain no gain...
DeleteAdditional action to be taken.
ReplyDelete• At the end of Day 14 from the date of notice No 1 and breach has not been rectified; the management will cut the water supply.
• Water supply can only be restored after breached has been rectified and the necessary fines has been paid.
• At the end of Day 28, if breach has not been rectified, management will block the access to the car park and the owner’s car shall be clamped.
• Access to the car park will be allowed and clamp will be removed only when breach has been rectified AND
• The necessary fines has been paid.
Fines
The fines for the specific action to restore services are as follows:
• Restoration of water supply: RM50.
• Removal of clamp: RM50.
• Reactivation of parking access: RM50.
The above are not stated in the akta 663. Tak nampak dalam buku atau rujukan langsung?
It is extremely important to find a good how much do property managers charge. Even then you should keep track of everything that is being done with your property. Remember this is a business...your business. If you aren't careful, you'll see your investment become a liability.
ReplyDelete