Abstract
Part IXA of the Strata Titles Act 1965 (“STA”) provides for the establishment of the Strata Titles Board (“STB”). STB is given the mandate to exercise quasi-judicial functions with regards to matters relating to multi storey buildings. The rationale for establishing the STB is to protect the interest of the parcel owners. However, the STB shall be abolished with the proposed enactment of the Strata Management Act 2013 (“SMA”). In line with Section 102 of the new Strata Management Act, the STB will be replaced with the Strata Management Tribunal (“SMT”) in accordance with Part XI of the SMA. In theory, it is anticipated that the establishment of the SMT will address the strata titles management disputes particularly with regards to the failure on the part of the parcel owners to pay maintenance fees and issues on the election of their committee members. The aimed of this paper is to discuss the SMT in accordance with Part XI of the SMA with comparison to the STB, Singapore and the three (3) tiered dispute resolution processes in New South Wales, Australia. The objective of this paper is to see whether the provisions in SMA with regards to the establishment of the SMT is comparatively sufficient as provisions in the legislations of Singapore and New South Wales, Australia to address the strata titles management disputes. The research method used in writing up this paper is the qualitative research in which it will rely on the analysis of the relevant statutes, rules, regulations, books, journals, articles, thesis, seminar papers, electronic materials and various newspaper reports. The finding of this paper is that the provisions of the SMA regarding the establishment of the SMT together with the regulations to regulate the SMT may be sufficient to resolve the strata titles management disputes in a more expedient manner. It is hoped that any disputes shall be resolved more timely and efficiently with minimal costs since the parties in dispute can submit a case or claim before the SMT since not all matters may necessarily be taken to court in order for it to get resolved. DOI: 10.5901/mjss.2015.v6n2p293
Highlights
The new Strata Management Act 2013 (“SMA”) received its Royal Assent on 5th February, 2013 and was gazetted on 8th February, 2013 which is known as Act 757
Qualifying Members of the Tribunal. It is clearly stated in the provision of section 103(1) of the SMA that Strata Management Tribunal (SMT) members shall consist of the individual who shall be appointed by the Minister from amongst the members of the Judicial and Legal Service as a Chairman and Deputy Chairman
With such provision stipulated in the SMA, it will grant the parties that are not listed in Section 107(a)-(g), for instance a contractor who has dispute with the MC in the contract of rendering their service or supplying materials for the maintenance of the common property the right to claim before the SMT
Summary
The new Strata Management Act 2013 (“SMA”) received its Royal Assent on 5th February, 2013 and was gazetted on 8th February, 2013 which is known as Act 757. In the event that the mediation fails, an application for adjudication to the Consumer Trade Tenancy Tribunal (“CTTT”) can be made and the decision is made and published on the papers In this regards, there is no hearing during the adjudication process and the disputed parties are to lodge their written submissions to support their case. In Singapore, any dispute with regards to strata titles management shall be resolved by the Strata Titles Boards which was officially established with the enactment of a new Part VI in the Land Titles (Strata) Act 1967 by the Land Titles (Strata) (Amendment) Act 1987. In 1999, STB’s role was expanded to include mediation and adjudication in en bloc sales It acts as a platform for minority owners who do not wish to proceed with an en bloc sale to voice their concerns and resolve the issues without having to incur legal and court fees. The current position of STB in Malaysia is similar in many respects to that stipulated in the BMSMA, Singapore (Teo, 2012)
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