Former Members of JMB fined
MBPJ was the first local authority in Selangor and second in the country to have enforced the rule under Act 757.
Petaling Jaya City Council (MBPJ) issued the compounds on Dec 15, 2020 to the individuals when the JMB failed to submit financial documents and audit reports to the Management Corporation (MC).
Two former members of a joint management body (JMB) in Petaling Jaya were issued a RM12,500 compound each under the Strata Management Act 2013 (Act 757).
Petaling Jaya City Council (MBPJ) issued the compounds on Dec 15 to the individuals when the JMB failed to submit financial documents and audit reports to the Management Corporation (MC).
Petaling Jaya mayor Datuk Mohd Sayuthi Bakar said the compounds were issued under Strata Management Regulations (Compound Offences) 2019 that came into effect on April 2 last year, after receiving written approval from a deputy public prosecutor at Petaling Jaya Magistrate’s Court on Nov 25.
He also said MBPJ was the first local authority in Selangor and second in the country to have enforced the rule under Act 757.
“MBPJ’s Commissioner of Buildings received a complaint from the MC of a 15-storey flats in SS8 on the failure of the JMB in handing over financial documents in a month and audited financial reports in a three-month period, following the MC’s first annual general meeting, ” said Sayuthi.
He added that the individuals refused to cooperate, which made it difficult for the MC to take over the management and maintenance.
MBPJ feared the MC’s accounts would be left hanging and would compromise the management and maintenance of the flats.
“So, we decided to send a clear message to other management bodies to not do the same.
“Issuing the compound is one of the enforcement actions that could be taken under Act 757, ” Sayuthi explained.
The deputy public prosecutor can issue compounds to anyone or their subsidiaries for any of the offences. Failure to pay the compound will lead to prosecution without prior notice.
Sayuthi said the RM12,500 fine was only 10% of the maximum RM125,000 compound that could be issued.
“The 10% is to serve as a lesson to individuals only.
“Compounds for agents and developers will start from 50% and 80% respectively, ” he said.
He hoped the compounds would educate, create awareness and serve as a reminder to developers, JMBs, MCs, management agents, lot owners and others who were bound by Act 757.
“There are another 105 complaints under investigation and nearing completion.
“I also hope to send a clear message to those who have been given the trust by the property owners to manage and maintain stratified development schemes, to execute their responsibilities with honesty and integrity as well as abide by the laws stated in this Act, ” he said.
This article was initially published in The Star on 19th Dec 2020.
