The need to implement Malaysia's Building and Common Property Act 2007 (Act 663) in building maintenance management

Nowadays, strata living represents a modern lifestyle (or luxurious lifestyle for those occupying the high‐end strata unit). The uniqueness of strata living is that it has facilities and common areas, which encompass multi‐purpose hall, playground, lift, corridors, etc. These facilities and common areas are shared between the residents. The purpose of this paper is to focus on the involvement of Commissioner of Building (COB) and the rights of the Joint Management Body (JMB), as well as developers' responsibilities, after the formation of a JMB. In order to do so, this paper looks into the role of the COB, the powers and duties of a JMB and developers' obligations.

This paper looks at how the Building and Common Property (Maintenance and Management) Act 2007 (Act 663) (BCPMMA) helps the JMB and the developer in maintaining and managing a multi storey building.

It is found that maintenance of these facilities and common areas is essential to ensure its optimal performance over its life cycle. This has to be carried out efficiently and professionally by developers. Nevertheless, the authors often came across complaints by unsatisfied residents on the maintenance and management of the buildings and facilities.

Prior to the establishment of this Act, multi storey buildings were governed by the Strata Title Act 1985 (Amended 2007) which stipulates that the Management Corporation can only be formed after a quarter of the aggregate share units has been transferred to the owner.

On the other hand, the developers usually provide a minimum amount of services based on the income from the maintenance collection. Realizing the issues have become crucial, the government, in 2007, introduced the BCPMMA to provide guidelines in order to have proper maintenance and management of buildings and facilities in multi storey buildings.