Normally the condo facilities like swimming pool, tennis court, badminton court and gym room are open free to use for the condo residents. When I moved in the condo, the swimming pool and gym room were not ready to use. After 1 year, the gym room were completed but management office required the residents to pay if you need to use the gym room, badminton court or tennis court. They said the maintenance fee is not included for condo facilities. This is ridiculous! Why I need to pay so much maintenance fee for no facilities condo!

As we know the condo facilities are one of the selling points for the property and stated in S&P. I would like to know, the management office have the right to collect the fee from the resident for using the facilities? Hope someone can answer this and suggest some solution to solve this problem!

wow. this is my first time hearing this. ridiculous man. they treat is as separate business .

Whyvdelay so long for common property to be ready? Common facility not ready also can get CF??? Lol... Something funny going on.

Is it a service apartment or Condo?

Wat does schedule five of your spa say?

few scenarios.
it could be cost of maintenance indeed exclude wear and tear of specific facilities.
hence collection only from the residents who utilise such facilities.
and it could be utilisation of these specific facilities directly incurred additional cost (eg. spotlight for tennis at night).
anyway, the problem i feel is developers nowadays provide a lot of useless facilities. and all these adds up in terms of maintenance fees. sigh!

i can't see anywhere in the SMA that there's a specific carve out for the term "common property".

it is the duty of the JMB/MC to maintain the common property using funds from the "maintenance account".

in relation to wear and tear or whether the floodlights should be turned on, it should be inclusive within the term of common property. In this respect, factored into your maintenance fee.

that being said, JMB/MC can restrict the use of floodlights, say until 10pm because it can be nuisance to other owners.

I think the most tricky part of the question is when you have a mix development, how do you apportion maintenance fee between commercial and residential parcels?

Then the question of separate charges may arise.

this issue then again is resolved by setting up a subsidiary JMB/MC, to split the cost and function of certain common property.

under new act, sub-mc can be formed, no?
eg. if they really want, selected facilities can be parked under sub-mc maintenance and thus incurred separate charges.
and for mixed development, yes, differential charges is possible plus different weightage for the share unit as well.

In a perfect environment, when laws are effective, immediately everything overnight is expected to switch over to the new law.

That of course, as I emphasize and re-emphasize, we live in an imperfect world and knowing Malaysia... it just gets better.

I couldn’t agree more with your example but from what I gather from COB, the debt collection of maintenance fees for instance, COB has advise to use existing avenues of recovery rather than go to tribunal (this seem to suggest that they themselves are not ready). Am not sure about subsidiary JMB/MC but I gather it will be Malaysian time as well.