DBKL to help apartment owners get strata titles

FAIRVIEW Mansion is an ageing apartment complex on Jalan Bukit Desa in Taman Desa, Kuala Lumpur.

Built in 1979, the six-storey building, equipped with a lift, has only 30 units, all of which overlook a courtyard.

Although most of the current owners are second- or third-time buyers, they are unable to undertake significant refurbishments due to the absence of individual strata titles.

A strata title is a form of property ownership where individual units within a multi-level building or horizontally divided property are owned separately.

Common areas like corridors, gardens and amenities are jointly owned and maintained by all unit owners.

This type of ownership is governed by the Strata Management Act 2013 (Act 757), ensuring clear rights and responsibilities, and allowing for easier management, transactions and maintenance through a collective management body.

According to Fairview Mansion Apartment chairman Daniel Charles, who owns a unit on the sixth floor, the 45-year-old building is facing major issues like leaking sewerage and water pipes that require urgent repairs.

“But because the building does not have a strata title, we cannot form a JMB (joint management body) or MC (management corporation), which is crucial for collecting the maintenance fees and sinking funds needed to manage and maintain the property’s common areas,” he said.

Daniel says Fairview Mansion faces major issues due to the lack of a strata title.

“As a result, we don’t even have enough money to paint the building, which hasn’t seen a makeover in over four decades.

“Moreover, we have been trying in vain to locate the developer to enable us to get our strata title problem sorted out and establish a JMB/MC, but to no avail,” he added.

Without a JMB/MC in place, Daniel said they cannot compel residents to pay the maintenance fees required to manage the building.

“As the chairman of the Residents Association, I am powerless to collect fees and cannot force anyone to contribute,” he added.

The current maintenance fees for the flats are from RM200 to RM220 a month, depending on the unit size.

There are three sizes — 1,000sq ft, 1,500sq ft and 1,300sq ft.

Without a JMB or MC to manage the property, the RA of Fairview Mansion is unable to take action against owners who flout apartment living rules like cluttering the corridors.

“Ten owners have not been paying consistently, with one defaulter owing over RM40,000 in fees and another over RM20,000,” he said, adding that he had tried his best to get them to contribute but his efforts had been futile.

“One owner has not lived here for 10 years. When I met the owner’s parents at their home, I was not able to get any information,” added Daniel said.

The committee, he said, needed RM6,000 a month to maintain the property, including paying for security guards, utility bills for common areas and addressing a serious sewage issue that required RM20,000 to repair.

The reserve funds had to be used, but due to the building’s age, all the pipes and infrastructure were deteriorating and there was a shortfall of RM9,000.

Sonya loves the area but says without funds, the building will continue to deteriorate.

“Due to financial constraints, the committee has decided to terminate the services of the daytime security guard as a cost-saving measure.

“Additionally, we will reclaim parking bays that are currently rented out to defaulters,” Daniel said.

Resident SD Sonya, who has lived in Fairview Mansion for a few years, loves the area but acknowledged that the building was old.

“There’s only so much we can do to make it liveable, but without funds it will continue to deteriorate,” she said.

Another resident, V. Manikavasagam, who is renting a unit there with his wife, said he too enjoyed living in the building.

Fairview Mansion is a six-storey building with only 30 units.

“But it would be really nice if they could paint the building and plant some nice flowering plants to make it vibrant,” he added.

S. Nathan, another owner, said he bought his unit 20 years ago as an investment but is having difficulties finding a buyer for his property.

“Not all banks are willing to provide loans for properties without strata titles.

“Such properties are generally seen as higher risk by banks, making it harder to secure financing.

“Having a strata title can significantly improve a buyer’s chances of obtaining a loan, otherwise I have to look for a buyer who can pay cash,’’ he said.

Manikavasagam hopes the building could be painted and flowering plants planted.

When contacted, an officer from the Kuala Lumpur Commissioner of Buildings (CoBKL), a unit under Kuala Lumpur City Hall (DBKL)’s Property Management and Valuation Department, said Fairview Mansion would be part of a pilot project aimed at addressing issues faced by older buildings without strata titles in Kuala Lumpur.

The officer said the initiative followed an audit by the National Audit Department, which aims to get CoBs nationwide to target problematic properties built before Act 757.

“As part of this effort, CoBKL will reassess all strata properties that lack a JMB or MC and assist them in transitioning to formal management in accordance with the Act.

“Fairview Mansion is part of the pilot project, and this initiative will involve collaboration between the RA, Seputeh MP’s office, Seputeh DBKL branch office and other relevant government agencies.”

The officer added that the effort was part of a long-term plan to ensure all buildings have proper management in place, potentially paving the way for future redevelopment once strata titles are secured.

He also said the Fairview Mansion RA had been advised to engage with the developer, failing which, they should carry out an insolvency check and prepare for an internal audit before calling for an extraordinary general meeting (EGM).