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 Malaysia
BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT)
Section 34. Failure or refusal to pay charges.