Question

When to start collect Maintenance Charges & Sinking Fund base on share unit for property completed prior to 1st June 2015?

Answer

For any property completed prior to 1st June 2015 and where no share units have been allocated, the JMB need to quickly take the following actions.

  1. Within 90 days from the date of commencement of the Act or within such extended time as the COB may grant, engage a licensed land surveyor to calculate the share units as per the formula in the First Schedule of SMA [Regulations 9(1), Regulations 9(5c), SMR]. Note: Strata Management Act was put into force on 1st June 2015.
  2. The JMC to file the allocated share unit with COB [Section 8, SMA]
  3. The JMC to call an EGM to inform and approve the allocated share units and the maintenance charges and sinking fund per allocated share units (COB Advice)
  4. After the EGM, the JMC to inform all strata unit owners of new charge and sinking fund as per Form 5A of SMR. A copy of Form 5A shall be displayed on the notice board of the JMB at a conspicuous part of the development area [Regulations 13, SMR]
  5. JMB to collect the Charges from the strata unit owners in proportion to the allocated share units of their respective parcels. [Section 21 (2a), SMA]

Kindly note that: According to Section 8(1) of SMA, the share units for each parcel shall be assigned by any person or body who has a duty or is responsible to maintain and manage any building or land intended for subdivision into parcels and the common property in accordance with the formula set out in the First Schedule, and such assignement shall be deemed to be the allocated share units of each parcel when the assignment is filed with the COB.

Ref: REHDA @ 8-6-2018