Rebuilding Together: The Future of SS19/7 Flats Is in the Owners’ Hands

 BY TEH ENG HOCK

In researching the case of the SS19/7 low-cost flats, I came across a startling statistic: only 35 Joint Management Bodies (JMBs) and Management Corporations (MCs) are registered with the Subang Jaya City Council (MBSJ). A disclaimer, though — this figure is from a news report back in 2014.

To put this into perspective, there were 110 low-cost flats totalling 32,591 units in the council’s jurisdiction some 11 years ago. Hopefully, the situation has improved greatly since then. There are no fresh statistics publicly available online.

In the case of the SS19/7 flats, and the SS13 flats, they still fall under the category of having no MCs. This means the unit owners have failed to convene an AGM and elect, from amongst themselves, a committee to oversee the management of their respective properties.

Let’s segue briefly. What are JMBs or MCs? When a developer hands over vacant possession to the new owners, the developer will manage the property for the first 12 months as it prepares to convene its first AGM to form the JMB. At this stage, the developer will jointly manage the property with the unit owners. Upon issuance of the individual strata titles a few years later, the developer will exit the picture, with the JMB converted to an MC (hence the removal of the term “joint”).

I recently learnt that the SS19/7 flats have not had a JMB or MC for the past 10 years. No wonder issues of cleanliness and poor maintenance constantly crop up. Regardless of whether a property is low-cost or high-end, the responsibility for maintaining private premises falls on the property owners. MBSJ’s role is to maintain public roads and drains, and to initiate enforcement if a private property fails to abide by the council’s by-laws.

I have been made to understand that property owners do not want to be part of the MC committee, hence the lack of a functioning MC. This is compounded by the fact that fewer than 50% of owners pay their monthly maintenance fee of RM31.

There are two core issues here: the owners do not understand the importance of having a functioning MC, and they do not appreciate the necessity of paying maintenance fees.

For defaulters, the process is more straightforward, as the management bodies can bring cases to the Strata Management Tribunal, which can compel defaulters to pay up or confiscate their movable properties. In fact, those who commit certain offences under the Strata Management Act (SMA) may face imprisonment. To aid funds recovery, Subang Jaya ADUN Michelle Ng introduced legal aid funds aimed at supporting JMBs and MCs in Subang Jaya, specifically to address overdue maintenance fees at low- and medium-low-cost flats. The fund covers 50% of legal fees up to a maximum of RM3,000 for a year.

The lack of a functioning MC is a more complex issue to tackle. The SMA provides for the Commissioner of Buildings (COB) to step in and appoint a professional managing agent. This agent has the authority to collect fees, maintain the property, and enforce by-laws.

However, the COB can only act as a caretaker — meaning it cannot make crucial decisions such as raising maintenance fees to keep up with increasing operational costs. In the context of the SS19/7 flats, this means the monthly fees of RM31 have not been raised in more than a decade, which impacts the quality of services the managing agent can deliver.

The place is a mess; some days worse than others. And when it becomes unbearable, MBSJ, the councillor, the local branch of Rukun Tetangga, our elected representatives and everyone in between get blamed for it — with many owners not taking responsibility for the fact that they are a main cause of the systemic issue.

The knee-jerk reaction is that MBSJ steps in to clean up. Not only does this sticking-plaster solution fail to address the root causes; it creates a sense of entitlement among owners who expect MBSJ to clean up their mess year in, year out.

It is therefore crucial that owners take ownership of the issues plaguing their property — not just within their respective units but also in the upkeep of the common areas.

If owners will not step up, no law, fund, or council clean-up will save these flats from decline. The future of the SS19/7 flats, and every other neglected property, rests in the hands of those who live there. Pay the fees. Form the committee. Take charge. Because if you do not, no one else truly can.