Protecting common rights
31/07/2005 Sunday Star

BLOCKS of Disharmony (Homelife, July 17) seems to have touched a chord in numerous people. One reader narrated how her car was vandalised barely a fortnight after she’d moved into her condominium. She concluded bitterly: “It’s true what I heard from some friends then – first class facilities at condo with third class mentality.”

But this so-called “third class mentality” is found not only among residents of condominiums and apartments. It is a disease that has pervaded every fibre of our society. It is unfortunate that a few rotten apples among the residents of high-rise properties have created such a disparaging image.

Then again, there are some people who find living in high-rise buildings with facilities their cup of tea. A friend who has lived for a period of time overseas finds it unbearably hot living in a terrace house in Malaysia. “It is cooler and more comfortable living on the middle levels of a high-rise as there are no sun-baked roofs to reckon with.”

He noted that every community in the particular country he was in had its own modern and complete sports facilities. “You don’t have to travel far or pay a lot to participate in sports and games there.”

Hence, when he returned to Malaysia, he was aghast at the cost and inconvenience of using sports and games facilities here. “To save myself the trouble of having to travel to a sports centre or joining those expensive sports establishments and clubs, I opted to stay in a high-rise building with facilities,” he said.

Likewise, I’m very happy staying at an apartment with facilities. Imagine literally hopping from your bed into the swimming pool in the morning and having the whole pool to yourself, on top of that. After that, it is a hot shower in the comfort of your very own bathroom.

Whether you fancy going to the gym, pool, tennis or badminton court, mini market, laundry, hair salon or cafe, they are all within the compound. This way you can save a lot of time travelling around.

The key to successful living in a high-rise is co-operation among the residents. One of the best ways to nurture this relationship is to form a corporate body. Before the issuance of the strata title, occupants cannot legally form residents’ associations. Instead, they can form what is known as pre-management corporations (Pre-MC).

Under the law, a strata title provides ownership of space, which includes the walls, ceilings and floors. The definition of ownership also covers public areas that are the equal responsibility of all residents at the high-rise. Those areas include the corridors, lifts, rooftops, playground, stairs, sports facilities and common car parks.

If every resident acknowledges that responsibility, perhaps they will be more mindful of the public areas and ensure that the other residents do the same, too. Here, an organised body – the Pre-MC or residents’ association – can unite and execute their efforts, and achieve their aims.

It has been reported that delays in obtaining strata titles for sub-divided buildings continues to be the main grouse of house buyers. Here again, an organised body will be more effective in representing the interests of the residents and resolving their woes.

Next is the problem with management and maintenance. If strata titles have not been issued, the developer can set up its own management company and collect maintenance fees for the administration of the apartment units it has built.

Even if home owners do not like the way their properties are maintained, they cannot do away with the company or replace it. Under the law, home owners cannot appoint their own management companies unless they have obtained the strata titles to their properties.

Thus, this document is very important to every home owner, especially those living in sub-divided properties. Why then is there so much delay when it comes to applications for strata titles by developers?

In a published article, a spokesman from the National Home Buyers Association said that delay in obtaining strata titles remains the biggest problem for home buyers.

Under the amended Housing Development Act, developers are allowed to collect 10% of the monthly maintenance fee as sinking fund, which is used for the repair and replacement of any fittings in any common area. The developers and management companies are required to submit audited accounts and expected expenditure to the unit owners.

As house buyers have entrusted their money to the developers, they naturally expect them to be transparent with the fund. But how many house owners have actually seen the management companies’ books?

Now, it looks like besides having to worry about who are unlawfully using their swimming pool, tennis courts and other facilities, owners of high-rise properties also have to fight tooth and nail to safeguard their properties and rights. Making a home in a high-rise means more than smiling to your neighbours along the corridor. It is also sitting down with them to form a corporate body to work towards the common good.

The writer’s e-mail address is junechan@streamyx.com.