Taman-Gated & Guarded Fee

QuestionsCategory: Property ManagementTaman-Gated & Guarded Fee
ainolnahodo asked 4 months ago
Hello, My neighborhood is not a Strata Title property but has been gated and guarded since the developer's time. When the warranty period from the developer ended, we established a Committee and hired a Management Company (MC). A monthly fee of RM120 was introduced in 2016, which has remained unchanged to date. The fee is allocated to cover expenses such as the Management Company, security services, maintenance of the pocket park, and pest control. However, some residents are reluctant to pay, arguing that:
  1. The property is not under Strata Title.
  2. Maintenance should be handled by the local council (Majlis).
  3. There was no agreement for such fees during the Sale and Purchase (S&P) process.
How can we address and manage such residents effectively?
WILLIAMLEE replied 3 months ago

Valid point. If not a strata title property then won’t be governed by strata management act 2013. Should discuss with local council on the matters.

1 Answers
JMB Support Staff answered 2 months ago

we have to understand the origin of which law allowing us to do the work so we do not confuse ourself. The Resident Associations basically set up according to the Society Act, and ROS The Registrar of Societies Malaysia is the regulatory body. It is completely different with Strata Management Act.
Sharing the point of view. You all can refer to the development order plan (DO) to find out if this guard house is included in the plan. If yes, u all may try to challenge to court saying this is part of the planning and everyone who stay should pay. But if the guard house is not part of the development order plan, you all construct it by yourself after the completion of project. It is difficult for you all to enforce anything. Hope the answer could give you some directions. Thanks

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