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DUTIES AND POWERS OF JOINT MANAGEMENT BODY (JMB) IN STRATA BUILDING

DUTIES AND POWERS OF JOINT MANAGEMENT BODY (JMB) IN STRATA BUILDING

We always heard about Joint Management Body (JMB) especially those who lived in Strata Building like condominiums, apartments and stratified gated-and-guarded communities. However, do we really know what is JMB? Is JMB is also a developer? What is the function of having JMB actually? 

Building and Common Property Act 2007 which comes into effect on 12th April 2007, clearly mentions that the purpose of this Act is to form a Joint Management Body (JMB) for providing proper maintenance and management of building and common property of strata building. JMB is not a developer company but a body comprised of the developer and strata owners/purchasers, which is responsible for the maintenance and management before strata titles are issued for a stratified development area.

However, the Building and Common Property (Maintenance & Management) Act 2007 has been repealed and is now replaced by Strata Management Act 2013 (Act 757) & Regulations (SMA). Pursuant to section 17 of SMA 2013, a JMB is established upon the convening of the 1st Annual General Meeting of JMB in TWO (2) situations:-

a) not later than 12 months from the commencement of this Act, if vacant possession was delivered before the commencement of this Act; OR

b) if vacant possession is delivered after the commencement of this Act, JMB is form not later than 12 months from the date of delivery of vacant possession of a parcel to a Purchaser.

The duties and powers of JMB are based on Section 21 of SMA 2013, which can be summarized as below:-

  1. To maintain & manage the common property;
  2. To determine and impose charges in maintenance account for the maintenance works;
  3. To determine and impose the contribution to the sinking fund account;
  4. To effect insurance according to the SMA 2013;
  5. To comply with any notice or order given or made by the local authority or any competent public authority in respect of the common property;
  6. To prepare and maintain a register of all parcels owners of the building or land intended for subdivision into parcels;
  7. To ensure that the accounts required to be maintained by the JMB under the SMA 2013 are audited;
  8. To enforce the by-laws; and
  9. To do such other things as may be expedient or necessary for the proper maintenance and management of the buildings or land intended for subdivision into parcels and the common property.

Based on Section 21(2) of SMA 2013, JMB is empowered to:-

  1. To collect maintenance charges from parcels owners;
  2. To collect the contribution to the sinking fund from the parcel owners;
  3. To authorise expenditure for carrying out the maintenance and management works;
  4. To recover monies due from any parcel owners;
  5. To acquire property for use by the parcel owners in connection with the common property;
  6. To employ or arrange and secure the services of any person or agent to undertake the maintenance and management of the common property;
  7. To make additional by-laws for the proper maintenance and management of the common property;
  8. To do all things reasonably necessary for the performance of its duties under the SMA 2013 and the enforcement of the by-laws.

We can see that JMB is an important body that maintain and manage sub-divided building and common property in the strata development. In my next article, I will explain about the maintenance account and sinking fund account. Where does our money go and what are the purposes of JMB to establish these TWO (2) accounts?

See you guys in my next post! Do share for benefit of others. Thanks!

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