Marina Bay公寓居民要求成立共同管理委员会自治被拒, 居民已上诉至州政府, 要求推 翻市政局房屋专员(COB)的议决.
座落于丹绒道光的Marina Bay公寓居民于今年三月向房屋专员提出成立共同管理委员会, 在六月间被房屋专员否决. 房屋专员是基于Marina Bay公寓是私人租借地契(Private Leasehold), 是不在法令663管 辖范围, 所以不批准共同管理委员会的成立, 而照旧由发展商管理公司管理; Marina Bay公寓共有三栋楼, 合共450 间单位.
Marina Bay公寓居民并不放弃, 他们立志捍卫权利, 并根据2007年建筑及共同拥有财 产(维修及管理) 法令663 第41条款向州政府提出上诉, 成为相信是州内首宗因为申请成立共同管理委员会不遂的上诉案件.
槟州城乡策划和房屋部行政议员黄汉伟表示以他为首及彭文宝和阿都玛烈共三位行政议员正收集资料及综合各方意见, 最后交由州行政会议作最后定夺, 预料在今年底之 前会有结论. Marina Bay公寓居民上诉案为槟州首宗涉及1985年分层地契法令及2007年建筑及共同拥有财产(维修及管理) 法令的案件.
Marina Bay公寓位于广东与汀州会馆地段, 广汀会馆以99年租借地契方式发展该公寓. 建筑及共同拥有财产(维修及管理) 法令663是一项新的法律条文, 于2007年在国会通 过.
黄汉伟行政议员认为作为一名立法议员, 不能只做民生服务, 也应进行探讨法律改革 及加强工作, 因此法律界人式, 各区国州议员应该一同来推动及改善法令663条文的 弱点. 法令663 从落实到执行方面有必要改善及出现程序上的缺陷, 国会也应通过条例来规范房屋专员工指南以及清楚列明诉程序.
黄汉伟行政议员办公室于今年九月就接获四宗有关共同管理委员会的纷争, 这些公寓 有三座在垄尾, 一 座在公笆. 黄汉伟行政议员将会与该区州议员共同探讨解决方案及 取得房屋专员的合作以使到组屋共同管理委员会能够顺利诞生及确保维修及保养工作 定时展开.
As reported in The Star October 14, 2008
Panel to study case over formation of JMB
PENANG is mulling over a landmark case involving the formation of Joint Management Bodies in leasehold properties.
A special committee has been formed to look into the issue after the state received an appeal to a Commissioner of Buildings’ (COB) decision from residents of a condominium in Tanjung Tokong.
“A request from the Marina Bay condominium residents to form a Joint Management Body (JMB) was rejected by the COB in June after which, they appealed against the decision to the state.
“Marina Bay is located on a plot of land leased from the Kwantung and Tengchow Association for 99 years and the COB made its decision based on an interpretation of the Building and Common Property (Maintenance and Management) Act 2007,” said Penang Town and Country Planning and Housing Committee chairman Wong Hon Wai, who is heading the special committee.
He added the law was relatively new and stipulated that parties could appeal to state authorities if they were unhappy with the COB’s decision.
“This is the first of such an appeal the state has received and according to Section 41 of the Act, the state’s decision will be final and binding,” he said.
He added that the three-man committee also consisted of state Health, Welfare and Caring Society chairman Phee Boon Poh and state Domestic Trade and Consumer Affairs Committee chairman Abdul Malik Abul Kas-sim.
“We will conduct fact-finding and get feedback from several parties before we make a decision by year-end.
“We understand that this decision will set precedence to whether we allow the formation of JMBs for leasehold properties which include housing projects and shopping complexes,” Wong said.
On another matter, Wong said the land development process at Hilir Sungai Pinang had been completed and tenants who had been relocated would begin moving back to the area.
“The development project called Serina Bay has received its Certificate of Fitness (CF) in February and tenants eligible for low cost and low medium cost apartments there will be picking lots for their homes today,” he said.
A total of 190 residents were relocated to Projek Perumahan Rakyat Taman Manggis on Lorong Selamat and the Rifle Range Flat to make way for the project