Effectiveness of Commissioner Of Building (COB) in stratified residential management / Mohd ‘Afi Lokman

The increase in demand for housing and the scarcity of land for development of landed residential properties in major urban areas in Malaysia has resulted in the rapid development of high-rise residential schemes in these high-density areas. Categorised as stratified residential, the homeowners are subject to the Strata Title Act 1985 (Act138) and the Building and Common Property Act (Maintenance and Management) 2007 (Act 663). They have collective roles and responsibilities for the management and maintenance of their residential. In 2007 the government had introduce the Building and Common Property (Maintenance and Management) 2007 (Act 663) to streamline matters relating to maintenance and management of buildings and common property. The Act 663 had introduced a new entity which is the Commissioner of Building (COB). COB appointed by the State and related authorized under Act 663 for the charge of the administration of this Act and Part VI and VII of the Act 318 and the exercise of any conferred upon it by Act 318. However, it gives the Commissioner of Building (COB) so many duties, but does not have the power of a Consumer Tribunal in handling down judgements. Moreover, although the Act 663 was intended to help purchasers but it is a double-edged sword as the Joint Management Body (JMB) can now be jailed or fined heavily for offences. Furthermore, the COB was not fully equipped, both logically and administratively to handle such a mammoth task.