Articles
Can an MCST decline repairing the common property citing lack of fund?
August 28, 2021
Under Sect 29(1)(b) of the Building Maintenance & Strata Management Act (BMSMA), an MCST is required to properly maintain the common property and keep it in a state of good serviceable repair including replacing wholly or part thereof. If any part of the common property fails to operate, it is the obligation of the MCST to repair it. Having no fund cannot be an excuse for not carrying out repairs. The BMSMA allows an MCST to raise what is called special levy, contribution that is above and in addition to the regular management fund and sinking fund payable. So when there is no fund, raising fund to carry out repairs is necessary. An MCST should adopt good practices in budget planning for major repairs and replacements of the common property especially M&E equipment, to mitigate sudden heavy levies against the subsidiary proprietors.
TEO POH SIANG