Law must make strata watchdogs act

ation: Liu Rui/GT -    

DeepSeek | 深度求索

 PETALING JAYA: From run-down facilities and dirty walkways to allegations of misused management funds, the issue of poor property and building management continues to plague stratified homes in Malaysia.

With the government now mulling changes to property and building management laws, stakeholders say the focus should be on improving enforcement by the commissioner of buildings (CoB).

The new laws must improve and mandate the CoB to enforce laws under the Strata Management Act (SMA) 2013, said Datuk Theng Book, chairman of the Strata Owners Association Malaysia.

“There’s been a serious lack of enforcement by CoBs. In most cases, they will pass the buck back to management bodies.

“Management corporations (MCs) and joint management committees (JMCs) do not have the authority to enforce the laws,” he said.

This then usually leads to long-drawn-out and expensive civil court cases, he said.

Theng said the new laws must also clarify how MCs or JMCs can use maintenance funds, and standardise maintenance fee rates in the growing trend of mixed development stratified projects.

“The maintenance fee rates for residential and commercial tenants can vary wildly from project to project,” he said.

Michelle Lai, director of property management company Auntie Michelle Resources (M) Sdn Bhd, says the problem is also due to a lack of standardised enforcement and training in the industry.

“There is no consistency as different management offices enforce different rules which leads to confusion, especially for owners and investors who have units in different buildings,” said Lai.

“Many JMCs are not professionally trained and lack the capacity to manage buildings properly.”

She added that new laws should have CoBs demanding greater accountability and professionalism from JMCs and MCs.

“CoBs can perform regular transparent audits of management bodies and set clear enforcement standard operating procedures.

“They should also conduct perio­dic on-site inspections to assess building safety, especially for ageing properties.

“In addition, there must be a mandatory guideline for sche­duled refurbishment and main­tenance of property,” she added.

Malaysian Institute of Property and Facility Managers president Ishak Ismail said any new pro­perty management laws must provide more enforcement mechanisms for management bodies.

On Tuesday, Housing and Local Government Minister Nga Kor Ming announced that new laws may be formulated to overcome the issue of poor management of stratified homes.

He said there was a shortage of licensed property management firms in Malaysia, with only 594 licensed firms serving 26,334 strata schemes or 2.9 million units of Malaysian strata properties.

This has led to a rise in unlicensed and unqualified property managers

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Broader scope of property management

Ai revolution in property industry

 

The AI market is projected to be worth RM1.77 trillion by 2027 AI’S ability to predict market trends will transform property valuations

The real estate industry, traditionally known for its complexity and high-stakes decision-making, is undergoing a radical transformation as artificial intelligence (AI) takes centre stage. With continued investment in AI, the sector is set to become even more efficient and responsive, redefining client relationships and setting new standards of excellence across the industry.

The real estate industry, traditionally known for its complexity and high-stakes decision-making, is undergoing a radical transformation as artificial intelligence (AI) takes centre stage. From property search and recommendations to valuation, management and maintenance, AI is revolutionising how professionals and clients interact with the real estate market.

The projected growth of the AI market, expected to reach Us$407bil by 2027, speaks to the increasing role AI is set to play across real estate functions, marking a pivotal shift in the industry.

In this new age, leading real estate firms like Jones Lang Lasalle Incorporated (JLL) are harnessing AI’S vast capabilities to streamline processes and make real estate more accessible, transparent and data-driven.

With the introduction of JLL’S groundbreaking AI platform, JLL Falcon’s Ai-powered solutions, it is clear that AI is reshaping real estate and elevating industry standards across the board.

One of the traditional challenges in real estate has been helping buyers find the right property to match their specific needs.

Ai-powered algorithms are aiding the search process by analysing vast amounts of data to provide personalised property recommendations. This is just one way AI is making the search process faster, more efficient and highly targeted.

Predictive analysis

AI’S ability to predict market trends is also transforming property valuation. Automated Valuation Models (AVMS) allow real estate professionals to access real-time property values, assess risk factors and identify market opportunities more precisely.

By leveraging predictive analytics, developers can even tailor property designs and amenities to align with customer demands.

These capabilities are invaluable, especially in fluctuating markets where rapid, data-backed decision-making can yield significant returns.

With Virtual Reality (VR) and Augmented Reality (AR), AI is further enriching the real estate experience by offering immersive tours of properties, enabling buyers to visualise spaces in detail without setting foot in them.

On the local front, many Malaysian property developers and real estate agencies have already integrated VR to allow prospective buyers to walk through properties virtually, gaining a comprehensive view of layout and design. This enhanced decision-making tool reduces time on the market and helps potential buyers envision their future homes with confidence, even from afar. however, the next stage of AI deployment is still in its infancy due to the technical expertise and high costs required for implementation.

As a result, it is currently restricted to larger players who have the necessary resources.

Operational efficiency

In property management, AI is proving its value by simplifying maintenance processes, reducing costs and enhancing tenant satisfaction. By integrating Internet of things devices with AI systems, property managers can monitor conditions like temperature, energy use and air quality in realtime. AI also facilitates predictive maintenance, scheduling repairs before issues become costly problems. This approach not only reduces operating expenses but also ensures a more seamless experience for tenants, as maintenance is managed proactively rather than reactively.

hence, it is little wonder that big real estate firms like JLL are pushing the industry further into the future with the launch of its JLL Falcon, a comprehensive AI platform designed to fuel innovation and provide data-driven insights. JLL Falcon combines JLL’S proprietary data with generative AI to help commercial real estate (CRE) professionals maximise returns while keeping costs manageable.

JLL Technologies chief executive officer Mihir Shah highlighted the platform’s far-reaching potential: “JLL Falcon will serve as the foundation for the continued innovation of products and services that help shape the CRE industry.” With capabilities such as natural language processing, semantic understanding and advanced analytics, JLL Falcon is helping CRE professionals make more informed decisions in realtime, powering applications ranging from tenant management to property analytics.

One of the most exciting aspects of JLL Falcon is its integration with JLL GPTTM, the first generative AI assistant crafted specifically for the CRE sector.

Launched in 2023, JLL GPTTM has already seen rapid adoption across JLL’S workforce of 47,000 professionals. By analysing curated datasets, JLL GPTTM helps generate insights that enable real estate professionals to offer customised solutions to clients.

Recent upgrades to JLL GPTTM include advanced image processing and a significant expansion of its working memory, making it a powerful tool for streamlining client consultations and creating data-backed strategies.

Other real estate players are following suit as such integration marks a step forward in enhancing efficiency across individual firms’ functions and setting a new industry standard for data-driven insights.

A global trend

The rise of AI in real estate is part of a broader trend where technology adoption is accelerating across the globe. In JLL’S 2023 Global Real estate Technology Survey, over 80% of occupiers, investors and developers shared plans to increase their real estate tech budget over the next three years.

As technology continues to evolve, Proptech solutions are paving the way for even greater AI integration, allowing functions like investment management, construction and facility operations to benefit from advanced analytics and predictive insights.

With such solutions, real estate professionals are now able to navigate industry challenges with greater confidence, using databacked strategies to deliver tangible value.

As AI tools’ analytics continue to drive value, the property industry is entering a new era of innovation. From creating more streamlined search experiences to supporting data-driven property management, AI is transforming how real estate is bought, sold, managed and experienced.

With continued investment in AI, the sector is set to become even more efficient and responsive, redefining client relationships and setting new standards of excellence across the industry. In this era of digital transformation, AI has integrated itself as a strategic partner, revolutionising how the real estate industry operates and paving the way for a smarter, more connected future.

Source link

STRATA Property insights - Serious on strata

Important issues and frequently asked questions

STRATA-type property is and has been all the rage. It is also expected to be "the living model" if not already.

Whether in cosmopolitan cities or suburban fringes, and as space becomes "in want" and prices hike, we feature our final article on strata-related property highlighting pertinent questions frequently asked to which Chris Tan (CT) gives input on.

Q: What should one look out for in the S&P before deciding on buying a particular strata-titled residential property?

CT: Buying a strata title property is not just buying a property but buying into a community living regulated by law. As a buyer, you are not only responsible for your very own unit but also the common property within the development too.

There is an ongoing obligation to pay the monthly service charges and sinking fund until the day you sell the same to another owner.

Besides the S&P Agreement, you are normally expected to sign the Deed of Mutual Covenants too, that regulates the relationship of the many owners within the same development with house rules vis-a-vis the prescribed by-laws under the Strata Management Act. In addition to the compliance with these rules, you are also expected to participate in the management of the common property at the Annual General Meeting as well as the Extraordinary General Meeting.

In the completion of the S&P Agreement, do ensure that the seller has no more outstanding charges and sinking funds owing the management and that the deposits paid are to be adjusted accordingly.

Q: Can you please explain further on 'share units' of strata-titled property? How does this affect a residential strata-titled property owner or what is the relation between the owner and the share units?

CT: Share unit has always been there in strata living as it will be stated in the strata title upon its issuance. It is now capturing the limelight, given that it is now the basis to be contributed into the maintenance charges and not the usual rate psf of the size of your main parcel.

There are different 'weightages' for the main parcel, the accessory parcel and the type of usage to make up the various elements of the share unit.

Suffice to say that two units of apartments of the exact same size might have different share unit allocation, if one has more accessory parcels than the other, or one is of commercial usage while the other is residential.

Q: What are some current and common issues faced by owners of strata-titled residential property and how would these be best settled?

CT: Issue 1: Contribution to service charges and sinking funds from the owners have always been done on the total size (in sf.) of the main parcel. Under the new regime since June 2015, it should now be based on per share unit instead.

Share unit is a concept that takes into account the size and the usage (of different allocated weight) of both the main parcel as well as the accessory parcel. It's stated clearly in the strata title when it is issued. It is also the basis of voting by poll if so requested in any General Meeting. Share unit is therefore now the basis of both contribution and control as opposed to just control in the past.

In theory, it should be a fair method for all. The issues are:

(i) Some strata owners find themselves paying more than before while some strata owners now pay less; and

(ii) The Share unit allocation under the previous legal regime was a result of consultation and discretion and not as transparently guided under the new law. It is a difficult process and to adjust again, particularly when the strata titles have been issued, will be tedious.

Issue No. 2: In Phased Development there is now a requirement to file the Schedule of Parcels (SOP) stating clearly the total share units to be offered under the entire development before one can proceed to sell. It therefore includes the later phases of a development that will only be developed in the future.

The issue is that this SOP can only be adjusted if we can get 100% of the owners to agree or it is a direction from the authority.

There will be no flexibility accorded to the developer who might want to change the SOP for the feasibility or sustainability of the development, taking into account the new circumstances of the future, in the best interest of the entire development.

Another related issue would be on the contribution of the allocated share units by the developer for yet to be developed phase in the maintenance of the common property already built and delivered.

Q: Any other 'surprises' or areas of concern that many strata-titled residential property owners are unaware of until after purchase of such residents?

CT: Don't be surprised if the property does not come with an allotted car park, although it is a norm to expect a car park to come with the unit. It is not always the case.

Q: Like many busy owners of a strata-titled property who do not have the time to sit in at resident's meetings with the management body – many have simply 'gone with the flow' of things as 'questions/disputes' require time for discussion.

What would you recommend for busy individuals who have 'no time' to attend such meetings but can only look at the annual/bi-annual strata/building management statements/financial reports? What should one keep an eye out for in these financial statements?

Why is it important to attend these meetings; what would owners be losing out on by not attending and being an 'active owner'?

CT: It is a regulated community living and participation is expected of every owner.

Although many have chosen to be passive, you need to participate or run the risk of letting major decisions lay in the hands of the active few.

You should keep an eye to ensure that the charges collected are well spent, that collection should always be monitored and the performance of the appointed property manager.

Also, understand your rights and obligations as a strata owner is important, and ensure that you and your neighbors are equally aware of the same too.

Q: As a tenant, and not the owner of the 'parcel' – are they bound to all the By-laws?

CT: The by-laws, additional by-laws and amendment of such additional by-laws made by the Management Body shall not only bind the owners but also the tenants, chargess, lessees and occupiers.

Q: Any other important issues that you would like to highlight to readers of theSun?

CT: Moving forward, strata living will be the preferred way of community living. Take a keen interest to learn and understand this living model in order to get the most out of it.

There are many more frequently asked questions, especially on management bodies, by-laws and leakage and defects. Answers to these can be found in Chris Tan's Owner's Manual & Guidebook.

Follow our property column next Friday for more insights on the market in the local scene.

Source: Thesundaily

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STRATA Property insights - Serious on strata

Important issues and frequently asked questions

STRATA-type property is and has been all the rage. It is also expected to be "the living model" if not already.

Whether in cosmopolitan cities or suburban fringes, and as space becomes "in want" and prices hike, we feature our final article on strata-related property highlighting pertinent questions frequently asked to which Chris Tan (CT) gives input on.

Q: What should one look out for in the S&P before deciding on buying a particular strata-titled residential property?

CT: Buying a strata title property is not just buying a property but buying into a community living regulated by law. As a buyer, you are not only responsible for your very own unit but also the common property within the development too.

There is an ongoing obligation to pay the monthly service charges and sinking fund until the day you sell the same to another owner.

Besides the S&P Agreement, you are normally expected to sign the Deed of Mutual Covenants too, that regulates the relationship of the many owners within the same development with house rules vis-a-vis the prescribed by-laws under the Strata Management Act. In addition to the compliance with these rules, you are also expected to participate in the management of the common property at the Annual General Meeting as well as the Extraordinary General Meeting.

In the completion of the S&P Agreement, do ensure that the seller has no more outstanding charges and sinking funds owing the management and that the deposits paid are to be adjusted accordingly.

Q: Can you please explain further on 'share units' of strata-titled property? How does this affect a residential strata-titled property owner or what is the relation between the owner and the share units?

CT: Share unit has always been there in strata living as it will be stated in the strata title upon its issuance. It is now capturing the limelight, given that it is now the basis to be contributed into the maintenance charges and not the usual rate psf of the size of your main parcel.

There are different 'weightages' for the main parcel, the accessory parcel and the type of usage to make up the various elements of the share unit.

Suffice to say that two units of apartments of the exact same size might have different share unit allocation, if one has more accessory parcels than the other, or one is of commercial usage while the other is residential.

Q: What are some current and common issues faced by owners of strata-titled residential property and how would these be best settled?

CT: Issue 1: Contribution to service charges and sinking funds from the owners have always been done on the total size (in sf.) of the main parcel. Under the new regime since June 2015, it should now be based on per share unit instead.

Share unit is a concept that takes into account the size and the usage (of different allocated weight) of both the main parcel as well as the accessory parcel. It's stated clearly in the strata title when it is issued. It is also the basis of voting by poll if so requested in any General Meeting. Share unit is therefore now the basis of both contribution and control as opposed to just control in the past.

In theory, it should be a fair method for all. The issues are:

(i) Some strata owners find themselves paying more than before while some strata owners now pay less; and

(ii) The Share unit allocation under the previous legal regime was a result of consultation and discretion and not as transparently guided under the new law. It is a difficult process and to adjust again, particularly when the strata titles have been issued, will be tedious.

Issue No. 2: In Phased Development there is now a requirement to file the Schedule of Parcels (SOP) stating clearly the total share units to be offered under the entire development before one can proceed to sell. It therefore includes the later phases of a development that will only be developed in the future.

The issue is that this SOP can only be adjusted if we can get 100% of the owners to agree or it is a direction from the authority.

There will be no flexibility accorded to the developer who might want to change the SOP for the feasibility or sustainability of the development, taking into account the new circumstances of the future, in the best interest of the entire development.

Another related issue would be on the contribution of the allocated share units by the developer for yet to be developed phase in the maintenance of the common property already built and delivered.

Q: Any other 'surprises' or areas of concern that many strata-titled residential property owners are unaware of until after purchase of such residents?

CT: Don't be surprised if the property does not come with an allotted car park, although it is a norm to expect a car park to come with the unit. It is not always the case.

Q: Like many busy owners of a strata-titled property who do not have the time to sit in at resident's meetings with the management body – many have simply 'gone with the flow' of things as 'questions/disputes' require time for discussion.

What would you recommend for busy individuals who have 'no time' to attend such meetings but can only look at the annual/bi-annual strata/building management statements/financial reports? What should one keep an eye out for in these financial statements?

Why is it important to attend these meetings; what would owners be losing out on by not attending and being an 'active owner'?

CT: It is a regulated community living and participation is expected of every owner.

Although many have chosen to be passive, you need to participate or run the risk of letting major decisions lay in the hands of the active few.

You should keep an eye to ensure that the charges collected are well spent, that collection should always be monitored and the performance of the appointed property manager.

Also, understand your rights and obligations as a strata owner is important, and ensure that you and your neighbors are equally aware of the same too.

Q: As a tenant, and not the owner of the 'parcel' – are they bound to all the By-laws?

CT: The by-laws, additional by-laws and amendment of such additional by-laws made by the Management Body shall not only bind the owners but also the tenants, chargess, lessees and occupiers.

Q: Any other important issues that you would like to highlight to readers of theSun?

CT: Moving forward, strata living will be the preferred way of community living. Take a keen interest to learn and understand this living model in order to get the most out of it.

There are many more frequently asked questions, especially on management bodies, by-laws and leakage and defects. Answers to these can be found in Chris Tan's Owner's Manual & Guidebook.

Follow our property column next Friday for more insights on the market in the local scene.

Source: Thesundaily

Related articles

• STRATA SERIES: Singling out strata
• Strata intelligence: Important information pertaining strata-type property
• Eco World International acquires prime site in Sydney to develop A$139m project
• Sub-sale property market - Part 1
• GREEN SERIES - Towards greener pasture - Part 2

Related posts: 

High-rise living in below par, need professionalism in managing the property 

Invest in the future 

 By-laws governing strata property management in ...

Aug 11, 2015 ... There are (or will soon be) more people living in high-rise strata ... New beginning in ... Managing strata properties in Malaysia Sep 11, 2012

 

A strata property living nightmare: leakage Aug 23, 2015 ... IF you live in a high rise building and have an inter-floor leakage issue, you ... occurs during the defects liability period, and which the housing developers ... By -laws governing strata property management in Malaysia, part 1      Service charges under strata title property in Malaysia Aug 27, 2015 ... By-laws governing strata property management in Malaysia, part 2. General ... Cheers for high-rise house buyers GEORGE TOWN: The state ...  Malaysian Strata Management Act 2013 will be enforced ... May 28, 2015 ... There are (or will soon be) more people living in high-rise strata ... New beginning in ... Managing strata properties in Malaysia Sep 11, 2012  Regulate property management! Forum on Strata ... Dec 22, 2012 ... There are (or will soon be) more people living in high-rise strata properties than in landed properties, given the rapid urbanisation and rising ...    Managing strata properties in Malaysia Sep 11, 2012 ... ... engineers, architects, shopping and high-rise complex managers, management corporations ... Though building owners (JMBs and MCs) and Real Estate Investment Trusts ... Building Management Association of Malaysia. Poor services from JMBs, Unlicensed Property ... Jun 15, 2011 ... "It's similar to the drive that was extended to unlicensed real estate agents ... working at the high-rise apartment block where Liew See Lanlives.  Malaysian property sector still attracting overseas investors Aug 19, 2015 ... “We are pleased to make our first direct real estate investment in ... it had set a record of sorts for pricing its high-rise serviced residential units of ...

 

Invest in the future

IT has always interested me to see how the different selection of words sent varied messages to readers and listeners.

Of late, I’m intrigued with the use of oxymorons, a combination of words that have opposite meanings and which usually produces an incongruous, seemingly self-contradictory effect.

Some daily expressions such as “open secret”, “seriously funny”, “deafening silence” and “pretty ugly”, are good examples on how the completely opposite meanings of words create dramatic effect.

Among other oxymorons come an expression often heard among condominium owners to their management corporations (MCs) and management offices: “We want you to lower costs and improve quality.”

Just like any other oxymoron phrases, the statement above makes me puzzle and ponder. It is prudent to manage costs, but unrealistic cost cutting over the long run will lead to decline in the quality of facilities and services.

Based on my experience, quality always comes with cost especially in property management. It is impossible to achieve higher quality standards by reducing expenditure.

I have heard of occasions where homeowners’ representatives in MC set high benchmark for the property management team, but expect them to cut down on the number of workers and cleaners in order to reduce spending. Needless to say, we can imagine what the outcome would be without looking at the property itself.

In reality, MC and homeowners must invest, not spend less for better quality. While developers and property managers play the important role of ensuring the upkeep of properties, the property owners themselves are the main stakeholders in deciding the fate of their properties. They are the party who can approve the budget and usage of their service charge and sinking funds.

In my previous article, I mentioned it is important for homeowners to participate in property management, such as attending AGMs and EGMs to exercise their right to raise concerns and approve the budget during such meetings.

In addition, homeowners and MCs must be bold in making decisions to invest in their properties with the reserved funds they have in their account.

Hence, while it is important to manage cost, it is also important to spend wisely for the future. Inflation is a fact of life, so MCs and homeowners should factor the inflation rate into their service charges, and use the real inflation rate, typically higher than the officially sanctioned rate anywhere in the world.

Typically, service charge is used for the general maintenance of the building. Sinking fund, on the other hand, can be used for the painting and the repainting of the common property, acquisition of movable property, the replacement of any fixture or fitting, the upgrading and refurbishment of the common property, and any other capital expenditure deemed necessary.

Managing a strata property is like maintaining a car. We must service our car regularly and replace its parts when they are due for change according to mileage. If a car is serviced less often, it gets more expensive to fix later when the equipment falls apart, and sometimes it may be too late to change.

Hence, when we reduce spending on maintaining a property, the decline of quality may be slow but sure. It takes time and additional cost when homeowners want to re-invest to restore the property later.

Invest in the future is just like doing exercise. It is hard to do, but if done regularly it will build health, strength and happiness.

To invest in a strata property means to increase, not cut down services such as cleaning, maintenance, security and landscaping. It also means to spend the sinking fund regularly not just on replacements, but also on upgrades, as the world doesn’t stand still. New projects would make existing projects old and even obsolete if we don’t manage our property well.

Investor’s nightmare

How well a property is managed can make or break the value of the property. A quality property management will allow the value to increase; while poor management could translate into an investor’s nightmare.

Active management and upgrading of properties is an important approach to protect our homes and investments. As such, whenever homeowners or property management companies tell me they are able to increase quality and cut cost at the same time, I would wonder whether, “Is this a short-term gain at the detriment of long-term benefits?”

By Alan Tong

Datuk Alan Tong was the world president of FIABCI International for 2005/2006 and awarded the Property Man of the Year 2010 at FIABCI Malaysia Property Award. He is also the group chairman of Bukit Kiara Properties. For feedback, please email feedback@fiabci-asiapacific.com.

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