Panel to study case over formation of JMB

14/10/2008 The  Star

PENANG is mulling over a landmark case involving the formation of Joint Management Bodies in leasehold properties.

A special committee has been formed to look into the issue after the state received an appeal to a Commissioner of Buildings’ (COB) decision from residents of a condominium in Tanjung Tokong.

“A request from the Marina Bay condominium residents to form a Joint Management Body (JMB) was rejected by the COB in June after which, they appealed against the decision to the state.

“Marina Bay is located on a plot of land leased from the Kwantung and Tengchow Association for 99 years and the COB made its decision based on an interpretation of the Building and Common Property (Maintenance and Management) Act 2007,” said Penang Town and Country Planning and Housing Committee chairman Wong Hon Wai, who is heading the special committee.

He added the law was relatively new and stipulated that parties could appeal to state authorities if they were unhappy with the COB’s decision.

“This is the first of such an appeal the state has received and according to Section 41 of the Act, the state’s decision will be final and binding,” he said.

He added that the three-man committee also consisted of state Health, Welfare and Caring Society chairman Phee Boon Poh and state Domestic Trade and Consumer Affairs Committee chairman Abdul Malik Abul Kas-sim.

“We will conduct fact-finding and get feedback from several parties before we make a decision by year-end.

“We understand that this decision will set precedence to whether we allow the formation of JMBs for leasehold properties which include housing projects and shopping complexes,” Wong said.

On another matter, Wong said the land development process at Hilir Sungai Pinang had been completed and tenants who had been relocated would begin moving back to the area.

“The development project called Serina Bay has received its Certificate of Fitness (CF) in February and tenants eligible for low cost and low medium cost apartments there will be picking lots for their homes today,” he said.

A total of 190 residents were relocated to Projek Perumahan Rakyat Taman Manggis on Lorong Selamat and the Rifle Range Flat to make way for the project