Strata Management tribunal in Peninsular Malaysia

Comparison to Strata Titles Board, Singapore and consumer trade tenancy tribunal, New South Wales, Australia

Research output: Contribution to journalArticle

Abstract

Part IXA of the Strata Titles Act 1965 (“STA”) provides for the establishment of the Strata Titles Board (“STB”). STB is given the mandate to exercise quasi-judicial functions with regards to matters relating to multi storey buildings. The rationale for establishing the STB is to protect the interest of the parcel owners. However, the STB shall be abolished with the proposed enactment of the Strata Management Act 2013 (“SMA”). In line with Section 102 of the new Strata Management Act, the STB will be replaced with the Strata Management Tribunal (“SMT”) in accordance with Part XI of the SMA. In theory, it is anticipated that the establishment of the SMT will address the strata titles management disputes particularly with regards to the failure on the part of the parcel owners to pay maintenance fees and issues on the election of their committee members. The aimed of this paper is to discuss the SMT in accordance with Part XI of the SMA with comparison to the STB, Singapore and the three (3) tiered dispute resolution processes in New South Wales, Australia. The objective of this paper is to see whether the provisions in SMA with regards to the establishment of the SMT is comparatively sufficient as provisions in the legislations of Singapore and New South Wales, Australia to address the strata titles management disputes. The research method used in writing up this paper is the qualitative research in which it will rely on the analysis of the relevant statutes, rules, regulations, books, journals, articles, thesis, seminar papers, electronic materials and various newspaper reports. The finding of this paper is that the provisions of the SMA regarding the establishment of the SMT together with the regulations to regulate the SMT may be sufficient to resolve the strata titles management disputes in a more expedient manner. It is hoped that any disputes shall be resolved more timely and efficiently with minimal costs since the parties in dispute can submit a case or claim before the SMT since not all matters may necessarily be taken to court in order for it to get resolved.

Original languageEnglish
Pages (from-to)293-302
Number of pages10
JournalMediterranean Journal of Social Sciences
Volume6
Issue number2
DOIs
Publication statusPublished - 1 Mar 2015

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social stratum
Singapore
Malaysia
management
act
Wales
New South Wales
regulation

Keywords

  • Multi storey buildings
  • Strata Management Tribunal
  • Strata titles management

ASJC Scopus subject areas

  • Social Sciences(all)
  • Arts and Humanities(all)
  • Economics, Econometrics and Finance(all)

Cite this

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title = "Strata Management tribunal in Peninsular Malaysia: Comparison to Strata Titles Board, Singapore and consumer trade tenancy tribunal, New South Wales, Australia",
abstract = "Part IXA of the Strata Titles Act 1965 (“STA”) provides for the establishment of the Strata Titles Board (“STB”). STB is given the mandate to exercise quasi-judicial functions with regards to matters relating to multi storey buildings. The rationale for establishing the STB is to protect the interest of the parcel owners. However, the STB shall be abolished with the proposed enactment of the Strata Management Act 2013 (“SMA”). In line with Section 102 of the new Strata Management Act, the STB will be replaced with the Strata Management Tribunal (“SMT”) in accordance with Part XI of the SMA. In theory, it is anticipated that the establishment of the SMT will address the strata titles management disputes particularly with regards to the failure on the part of the parcel owners to pay maintenance fees and issues on the election of their committee members. The aimed of this paper is to discuss the SMT in accordance with Part XI of the SMA with comparison to the STB, Singapore and the three (3) tiered dispute resolution processes in New South Wales, Australia. The objective of this paper is to see whether the provisions in SMA with regards to the establishment of the SMT is comparatively sufficient as provisions in the legislations of Singapore and New South Wales, Australia to address the strata titles management disputes. The research method used in writing up this paper is the qualitative research in which it will rely on the analysis of the relevant statutes, rules, regulations, books, journals, articles, thesis, seminar papers, electronic materials and various newspaper reports. The finding of this paper is that the provisions of the SMA regarding the establishment of the SMT together with the regulations to regulate the SMT may be sufficient to resolve the strata titles management disputes in a more expedient manner. It is hoped that any disputes shall be resolved more timely and efficiently with minimal costs since the parties in dispute can submit a case or claim before the SMT since not all matters may necessarily be taken to court in order for it to get resolved.",
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