Getting Sued By Your Condo Management
In one of our previous article, we briefly talk about how (if you are staying in a condo) you can sue you condo management if your condo is left in a state of disrepair. Today, we will be discussing just the opposite i.e. whether your condo management can bring legal action against you.
The short answer is yes- your condo management, regardless of whether they are the Management Corporation (‘MC’) or the Joint Management Body (‘JMB’), can actually sue you, if the below instances were to occur.
If you renovate your condo without a proper permit
You must be wondering: “why you cannot do as you please with your condo”? Simply put:
- You renovating might encroach into your neighbor’s property. As a condo owner, you will be sharing a lot of space, such as the walkways with your neighbors, be it the ones living directly beside you or those living around you. Those spaces are called “common property” and it is not exclusively yours.
- It is to ensure that anyone who wishes to renovate their condo will comply with all the safety requirements before doing any renovation. This is because shoddy renovation works might potentially be dangerous to you and your neighbors.
So what kind of renovation are you permitted to do? The answer is this: So as long as it is not a major renovation that will alter the structure of your condo unit and it is done exclusively within the confines of your condo unit, you can do whatever you want with your condo.
Bear in mind that if you wish to renovate your condo, you must obtain a letter of authorization from your MC or JMB.
If you fail to pay your maintenance fees and sinking funds
The maintenance fees are used to repair and maintain the common property while the sinking funds are used for major repairs, such as repairing a broken-down elevator, repainting the exterior of the condo, re-tar the road, etc. Everyone who calls the condo home is required to pay both the maintenance fees and sinking funds.
Why? Without the money, your MC or JMB would not be able to repair and maintain the condo, and as a result, your condo will be left in a state of disrepair. Would you want to stay in such a place?
Section 34 of the Strata Management Act specifically states that if you fail to pay your dues, you will be given a 14 day period to settle the dues. If you still refuse to settle your dues, you can be sued- the penalty is a fine of RM5,000.00 (maximum) or a jail term of 3 years or both, and if you still refuse to cough up the money, you will be fined a maximum of RM50,000.00 each day until you pay up your dues.
If you fail to observe other rules set down by the MC/ JMB
Your MC/ JMB can actually lay down some ground rules that everyone must adhere to as a unit owner of the condo. This is to ensure that all the residents of the condo can enjoy all the benefits and perks there are for staying in the condo.
This includes laying down certain rules for visitors, rules in regards to the use of common properties (such as playground and gym), or even rules that promote peaceful co-existence between neighbors (such as no loud music after certain hours or no pets within the property).
The bottom line is this: always check with your MC/ JMB as what is permitted, what is not permitted and what are you obliged to do/ observe as a condo owner before going on your merry way- be ignorant at your own risk!
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. For further inquiries, please email us at general@mathews.my.