Conveyancing / Tenancy / Land

Management Corporations in Malaysia, 2nd Edition

By Michael J Willis
Sweet & Maxwell Malaysia September 2017

Specifications

ISBN-13
9789670498492
Publisher
Sweet & Maxwell Malaysia
Publication
September 2017
Format
Paperback , 226 pages
Jurisdiction
Malaysia ? Countri(es) for reference only

Details

Management corporations have statutory duties and powers under Malaysia's strata laws. Owners, on their part, must be engaged to ensure that their investment, lifestyle and financial well-being are protected and enhanced when living in strata developments. This book gives owners the tools to do that. It expresses in as plain a language as possible the meaning of the key provisions of the Strata Management Act 2013 as well as the Regulations and By-Laws made under it.

In this readable book, the author supplements explanations with informed commentary on the implications of the statutory provisions. In the process, numerous specific and practical suggestions are provided on how to improve strata management practice. The analysis and commentary add significant value to the text. Where appropriate, comparisons are also made with the position in jurisdictions outside of Malaysia to discern best practices.

Drawing on his experience as an owner-occupier of a condominium apartment in Kuala Lumpur and his first-hand knowledge of strata living in Malaysia, the author has prepared an engaging guide on the statutory scheme which impacts on management corporations.

This book will greatly benefit strata property owners and prospective owners as well as professional, industry and consumer associations, the broader real estate industry including valuers, property managers and developers, and state and federal land office/department officials.

NEW IN THIS EDITION

  • description and discussion of the extensive array of duties and legal obligations of management corporations now enshrined in newly prescribed By-Laws
  • description and discussion of the general duties of, and prohibitions placed on, owners and occupiers under newly prescribed By-Laws
  • details and analysis of subject matter contained within By-Laws covering renovations, vehicle use, solid waste disposal and maintenance and management of common property
  • analysis of new ways under which management committees are to function designed to emphasise greater accountability and transparency in the way they function and make decisions
  • inclusion of all prescribed Forms, Notices and Certificates relevant to the day-to-day workings of a management corporation;
  • details of new eligibility requirements for those nominating for membership of representative bodies including the opening up of membership of the management committee to non-owners
  • analysis of the workings of the Strata Management Tribunal
  • special commentaries comparing and contrasting features of Malaysian strata laws with that of overseas jurisdictions including suggestions on how to improve strata management law and practice as well as highlighting omissions and shortcomings
  • case studies based on (real life) factual scenarios pertinent to the operations of management corporations; and
  • references to relevant case law.

Table of Contents

Chapter 1    Key terms
Chapter 2    The operation of management corporations
Chapter 3    Common property maintenance
Chapter 4    Financial management
Chapter 5    Insurance
Chapter 6    Management corporation records
Chapter 7    Decision-making of a management corporation
Chapter 8    Management committees
Chapter 9    Building manager
Chapter 10  Responsibilities and entitlements of owners and occupiers
Chapter 11  By-Laws
Chapter 12  Resolving disputes and complaints
APPENDICES

About the Author

Michael Willis is a trained lawyer, law teacher and researcher and legal consultant. He has considerable experience in drafting legislation including regulations and has worked for government as a departmental drafting instructor assisting in the preparation of legislation. He has also been admitted as a lawyer to the Supreme Court of Western Australia (non-practising).
 
He is presently an owner-occupier of a condominium apartment in Kuala Lumpur and so has first-hand knowledge of the benefits and challenges of strata living in Malaysia.
 
Relevantly, he has been an owner-occupier and remains an investor of strata-titled properties in Australia. This includes being actively involved with a body corporate.
 
His legal training and legislative drafting experience combined with his active engagement with strata living in Malaysia has prompted him to write this text. Its primary purpose is to encourage and assist other owners to understand their obligations and rights under Malaysian strata laws and play a more active role in their management corporations. The publication is also intended to guide other key players within the residential strata property market as well as those prospective buyers contemplating a move into a strata-titled residential property. Michael J Willis
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