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Need for professional property management
25/11/2000
NST

Condominium dweller C.H. Tan thought that when he purchased a unit in a project in Petaling Jaya, he would enjoy all the facilities and conveniences that a condo-lifestyle purports to offer.

However, a year after moving into his unit, his dreams of a prestigious condo-lifestyle came crashing to the ground.

The equipment in the gym had ceased to function, the water in the swimming pool was murky and to top it all, his condo was burgled.

Tan said several of his friends have also faced similar problems in their condo developments.

He attributes their woes to poor property management methods being practised today. Indeed, the issue of poor management has become of such concern among property professionals and consumers that it has been discussed in several property seminars and repeatedly highlighted in the media over the past several months.

Dass Mohamad Chartwell Brooke Hillier Parker Sdn Bhd executive chairman Ravindra Dass attributes the rising concern to the increasing number of stratified units being built.

"More Malaysians are moving into stratified units, especially in urban centres due to limited land availability, and thus there is greater awareness of the need for these properties to be well-managed.

"The concern is not so much for the upmarket condominiums, but with low and medium-cost projects, where the quality of life may be largely neglected by developers and property managers." He said the need for professional property management would get more critical as more high-rise buildings come up.

Raine and Horne International Zaki + Partners director Michael Geh said: "Property management has historically been underrated and is often associated with mundane maintenance work and rent collection.

"However, with the increasing development of strata titled property and legislation to govern the proper management of such property, there has been an increasing demand for professional property management skills.

"Today, a property manager is expected to provide a whole range of services that include devising and implementing letting strategies, monitoring tax implications, recognising opportunities for development potential and exploring the merger of interests with adjacent properties."

In a paper on Malaysian Property Management into the New Millenium, Geh outlined the current issues affecting property management in the country. They include:
• owners not paying maintenance fee, leading to an accumulation of large sums owing to property managers;
• lack of transparency, adequate laws and enforcement on the part of property developers, and managers in the administration of funds, especially sinking funds;
• lack of control and guidelines on who should be qualified to be property managers; and delayed submission of application for strata titles.
"There should be clear guidelines and enforcement on owners who default on payment of maintenance.

"In Singapore, for example, if a unit owner defaults on maintenance fee, the property manager can obtain a court order to seal the property and the owner can be fined.

"A similar law should be introduced in Malaysia," Geh said.

Dass concurred, adding that "we have laws with no teeth, so we cannot ensure that owners will pay their fees and those who collect these fees manage them well.

"Proper legislation should be introduced and enforced to ensure both property owners and managers play their part to ensure good maintenance of strata properties," he added.

Geh said in term of the administration of funds, the Government should introduce clear guidelines to ensure that all property developers and managers were accountable for the management of funds under their control.

"One way is to ensure that the sinking fund collected by developers is deposited in a separate trust bank account to be managed in a transparent manner.

"Often developers have used the sinking fund as collateral to get a bank overdraft facility. "Section 46(d) of the Strata Titles Act should be redefined to specify how the sinking fund should be used.

"There should also be clear guidelines to ensure that all property managers provide yearly statements of audited accounts to owners."

Geh pointed out that these measures were necessary to prevent irresponsible developers and property managers from running a deficit in operational expenditure and handing this over to the newly-formed management corporation.

Both Dass and Geh said the authorities should also step up enforcement to ensure that only qualified professionals do property management and specific legal guidelines should be made available to deal with errant property managers.

"Only people with professional qualifications in property management should be allowed to be property mangers. This is because there is much more to property management than maintenance work alone," Dass said.

The Valuers, Appraisers and Estate Agents Act 1981 states that "no person shall unless he is a registered valuer or appraiser and has been issued with an authority to practise, act as a property manager."

However, this does not apply to property owners who manage their own property or to any registered estate agent duly authorized by the board to carry out property management.

"Many of the problems arise during the transition period between delivery of vacant possession and issuance of strata titles," said a valuer who wished to remain anonymous.

He said the proposed Building and Common Property (Maintenance and Management) Act could assist in alleviating property management woes.

"However, it would depend on how efficiently it is enforced."

If enforced stringently once it is passed, the Act will enable people like Tan to have a say in how their buildings are managed.

 

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