By Karen Bong
KUCHING, Jan 10: Unit owners who believe their concerns are being ignored in strata-managed developments have the right to escalate the matter to the tribunal, as all decisions must ultimately be tested against the Strata Ordinance rather than personal or developer interests.
Speaking during his ShallWeeTalk Facebook live today, Kuching South City Council (MBKS) Mayor Dato Wee Hong Seng highlighted this in responding to questions and allegations surrounding strata enforcement within MBKS’ jurisdiction, including claims that most strata-related problems occur in developments under the council, complaints go unanswered, and the Deputy Commissioner of Buildings (DCOB) is not impartial.
Addressing concerns that Joint Management Committees (JMCs) or owners’ complaints on developer non-compliance are allegedly not entertained by the DCOB, he stressed that the Commissioner of Buildings (COB) and DCOB are bound by the Strata Ordinance and must act independently.
“Decisions cannot be made based on favour or influence. Everything must be guided by the ordinance. If you feel something is not right and you cannot resolve it through voting or meetings, you have the right to bring the matter to the tribunal,” he said.
Wee noted that many disputes arise from a lack of understanding of the Strata Ordinance and basic compliance requirements, including the obligation to settle maintenance fees and sinking fund contributions before participating in meetings or seeking appointments to the JMC.
He added that complaints often unravel upon closer scrutiny, with some complainants found to have outstanding fees, which disqualify them from voting or being appointed to management bodies.
On allegations that developers continue to dominate strata management, Wee said this is not permanent and can be changed through proper collective action by owners.
“Developers have been voted out before. Owners must work together, organise themselves, and follow the legal process,” he said.
Wee also addressed public safety concerns raised, including allegations of unauthorised alterations made after the issuance of the Occupational Permit (OP), poor maintenance of firefighting systems, and risks posed to residents. Viewers cited recent apartment fires in Hong Kong and Kuala Lumpur as warnings of what could happen if enforcement is lax.
He acknowledged that the Strata Ordinance is extensive and complex, requiring coordination among legal advisers, the COB, and accountants to determine whether expenses and compliance matters are justified under the law.
“Strata governance is not something that can be fixed overnight, especially with one-year committee terms and new members who are still learning,” he said.
When asked whether MBKS would conduct periodic inspections of strata buildings as a proactive safety measure, Wee said enforcement actions must be carried out within the legal framework, and safety-related issues, particularly fire prevention systems, should be properly documented and raised through official channels.
“If owners believe there are safety risks or non-compliance, they should write formally, raise the issue, and copy the COB. The legal mechanism is there. So use it,” he said.
Wee added that if residents feel their concerns are not being addressed by MBKS, they may bring the matter directly to him for clarification.
“We need to establish the facts. The DCOB cannot be both judge and party. Their role is to ensure matters are handled properly and according to the ordinance,” he said.
He reiterated that strata governance must ultimately be guided by the law, not personalities, and urged unit owners to remain engaged, informed, and united in protecting their rights. — DayakDaily
