Hi boys and girls of /pt/,

I would like to know, legally what the management of condos (in general) can do to those who do not pay (at all) the maintenance fees for the upkeeping of facilities. If particular tenants die die dont want to pay, what is usually done in these cases? Concern here is purchasing of a property with the facilities being the main selling point but with non-paying tenants (in large numbers), it could affect the overall budget in maintaining the facilities leading to facilities being not properly maintained.

Would like to understand how managements of condos actually work on avoiding the above situation. Appreciate your input.

Thanks.

landlord usually pay, failure to pay, management can cut water supply and electricity

If there's more than a certain amount like RM5000++
they will file you a lawyer letter =D

what then with the lawyer letter?

depends whether it is still under developer management or JMB ...

normally u factor in the $$ in the rental to cover it up... otherwise u will be in trouble.

very rare u will get a legal letter, but normally it is used to scare u only...

The owner have to take responsible with the management fees, normally owner bear all the management fees. If the management fees accumulated with interest or owing, when the owner want to sell he/she must settle of the management fees inorder to transfer.

Developer Management or JMB also the same.

Actually this topic was discuss before and check with few thread behind. Alot of great sifu gave good commend on this and it help you get your answer.

This post has been edited by Seremban_2: Feb 26 2012, 03:58 PM

i did a search but couldnt find it, so i opened it.. would appreciate if anyone could repost the topic here. thanks.

Management will file u a lawyer letter , just maybe wan to scared u ,
but if u wanna resell your house to somebody , yeah u need to clear the amount before management approve to change the owner's name ,otherwise you cant sell your condo .

*ofcourse you can discuss the installment / discount from management =D

This is the answer and discount on the interest side but not management fees. Not fair to other owner.

Best pay it to settle. Avoid the hassle.

Normally I pay every 3 months after receiving warning letter to cut the water/electric supply. Very leceh to pay monthly.

my condo there only water supply is managed by management . electric supply is by TnB . yeah , it's truly leceh , but then what can we do ?
earn more money get a landed property then you wont be manage by some people =D

Why dont you pay half yearly? We have to pay half yearly before or else our scan card and club facilities will be barred.

im not the one not paying lah adui.. just asking so that i know how non-paying tenants can affect the maintenance funds and the facilities altogether.

thanks.

The answer is stated very clearly in Strata Title Act. However, most management do not practise what is on the Act as it is a hassle.

They're not legally allowed to cut the water, but they can reduce the water pressure to a trickle. They might also be able to deny residents things like access cards, parking stickers, etc. Beyond that, if the outstanding amount gets high enough, they may resort to a law firm to send the owner a legal notice.

This is governed in the 1985 strata titles act clauses 52-55

http://www.hba.org.my/laws/Strata/2007/ACT....htm#52.  The recovery of sum as debt due to management corporation.

Mgmt Corp (MC) will need to serve letters to the owner. If the owner continue to repeatedly ignore the letters, MC can apply to court to serve a warrant of attachment to the owner's belongings in the building. The attached belongings can be auctioned off if the owner still dont want to pay after a certain period. Finally the owner can be fined up to RM5000 and further fine of up to RM50/daily if contribution remains unpaid after conviction.

From what I read in the strate titles act, the MC must go through the legal route and at no times allowed to cut off water/electricity supply. In clause 55(1) if the MC breach the act by e.g. cutting off water/electricity, they themselves can kena fine.

This post has been edited by Kokwm: Feb 27 2012, 11:31 AM

In my area, the JMB published all the owner's name, unit number and amount owe and this is done quarterly.

With this method, once in a while, you'll see some name got strike off because they pay up after seeing the list (takut malu). But some tick face fella will ignore the list..pretending not owing anything....in a way it work but not enough to force those scumbag to pay up.

Our mgmt stated the unit number, road, vacant/occupied and the amount owing. I think this is the first time I saw it on the notice board.

Depends on who supplies the water/electricity. Most if not all condos get their water via a centralized meter and than it's distributed to individual units. So management can cut off the water supply. Have seen MPSJ and DBKL written approval on this, not sure about other municipals.

my bro in law din pay for 1 year + they dun let my bro in law to add another parking lot(buy/rent also cant)...

ask ur bro in law go die pls.. such ppl also got.

if someone doesnt need another parking, then no need pay while other residents are paying for you? stupid.

watch your mouth pls. btw my bro in law in deep shit last time... summore need fork out $$ to buy car and parking lot for his small business...
it's nt tat he wont pay 4ever. jus late.

haiz /.\ nwadays gt alot ppl look on outside oni...

Usually the landlord/owner of condo unit will pay the maintenance fee.

Is there a reason why the maintenance fee is not paid? Like some of the owners claim that they don't maintain the place then they don't wanna pay the maintenance fee or something like that.

I think if you don't pay then they'll just reject whatever you request from them until you pay off the amount owed. If the amount grows to be very huge then they may take legal actions.

adoi.. im looking to make a purchase (of a condo) in the comings months and this thought popped up so i just wanted to know what usually happens in this case lah.. its not me who isnt paying lah. =_=

clear enough?

thanks for all the feedback so far, thank you.

isn't there a few condos in cheras/kl where there's no money left even for security guard? every night robbers just go in and steal cars and rob people in the lift? i think this is a good example of what happens when owners don't pay fees.

i guess all strata title buildings got such risk, just that some area lower risk than others.

im not worried till that extent considering the maintenance fees will be in the region of 25-28 sen psf, but worried about the management of facilities.

my condo list down those owners and arrears - without fail, we will see the developer's name up there - they own some units there and fail to pay management fee

it is the responsibility of every owner to pay your maintenance fee as promptly as possible. why is it so hard when nowadays you can even bank in the fee?
the management at the condo where im living have tirelessly reminded owners to pay the fee and they seem to be so inconsiderate even when their names are published on the board! Now TNB has cut the electricity supply to the condo and people are not able to use the lifts as well. It is so unfair to punish people who are promptly paying their fees just because of some of these super inconsiderate and stingy owners!! why buy a property if you cant afford it then!!

woww so hardcore mang...where is this place?

ok let me try to answer for you..

first of all before you buy a condo (secondary) its good to ask around and also to see for yourself how well is the place maintained.
That will give you an idea how good is the management/committee in managing the place. go and ask the office what do they
do with defaulters ..also to find out the % of delinquent owners ..of course the lower the better..

at the end of the day if the JMB is good, half the battle is won already..they will be proactive to go after the defaulters and take all necessary action
in their power to recover the arrears at all costs..

This post has been edited by nookie188: Jul 1 2015, 08:58 PM

Super good advice! A lot of us being first timers, or being too busy, we just don't spend enough time researching. I was guilt of this. Sometimes, it's because we don't trust information on the Internet as well, and lack connections to people who know the area well.

I have been thinking a bit more about this:
1. How to get better/trustworthy information about the area/condo
2. How to get people to understand, cooperate, and be responsible for their actions since they actions will affect everyone in the area/condo

Yes what is mentioned above is true, always check on whether it is a good management company. this makes a HUGE difference in keeping the whole building is top condition especially if you are investing. You'd want to get a good value for rental yeild. Good management also makes a huge difference in terms of security, cleanlines and efficiently in maintaining the area.
I believe that the owner should pay the full maintenance fee and consider the cost when listing your montly rental rate.

I can volunteer to track whenever people post info about their Condo Management.
I won't be able to verify immediately but if there are more than X complaints about that issue then maybe we can go verify of something.
Hopefully this info will be useful to some of us someday.