By:
Bryan Lui (Co-Managing Partner) [bryan_lui@luibhullar.com]
Harneshpal Karamjit Singh (Co-Managing Partner) [harnesh_bhullar@luibhullar.com]
Sophia Au (Associate) [sophia_au@luibhullar.com]
Strata living has become a popular choice for urban residents in Malaysia, offering shared facilities, enhanced security, and a sense of community. However, maintaining harmony among residents in a strata scheme requires clear regulations. This is where strata by-laws and house rules, governed under the Strata Management Act 2013 (SMA), come into play.
For property owners, Joint Management Bodies (JMBs), and Management Corporations (MCs), understanding and enforcing these rules is essential for effective strata management.
If you’re facing challenges with strata by-laws or compliance issues, consulting a strata lawyer or strata management lawyer can help you navigate legal complexities.
What Are Strata By-Laws according to a Strata Lawyer
Strata by-laws are legally binding rules established under the Strata Management Act 2013 (SMA) to regulate the conduct of residents and the use of common property in a strata development. These by-laws apply to all property owners, tenants, and visitors and are critical for maintaining order and property value.
Each strata development begins with default by-laws outlined in Schedule 2 of the Strata Management (Maintenance and Management) Regulations 2015. However, JMBs and MCs can modify these by-laws through resolutions passed during a general meeting.
Common Areas Covered by Strata By-Laws
By-laws govern various aspects of strata management, including:
1. Use of Common Property:
• Rules for shared facilities like lifts, swimming pools, gyms, and parking lots.
• Prohibitions on personalizing or obstructing common areas.
2. Noise Control:
• Enforcing quiet hours to ensure a peaceful living environment.
3. Pet Ownership:
• Determining whether pets are allowed and any restrictions on size or breed.
4. Renovations:
• Guidelines for interior renovations to avoid structural damage or excessive noise.
5. Parking and Traffic Management:
• Regulations for using parking spaces and controlling vehicle access.
6. Waste Disposal:
• Proper methods for garbage and recycling to maintain hygiene.
House Rules vs. By-Laws
While by-laws are legally enforceable under the Strata Management Act (SMA), house rules are informal guidelines set by the JMB or MC to address specific issues in daily operations. Examples of house rules include:
• Operating hours for shared facilities (e.g., gym and swimming pool).
• Restrictions on short-term rentals, such as Airbnb.
• Visitor access to common areas.
Although house rules lack legal standing, they complement by-laws by addressing practical concerns that enhance strata management.
Importance of Strata By-Laws
Strata by-laws and house rules benefit JMBs, MCs, and property owners by:
1. Fostering Harmony: Clear rules minimize conflicts between residents.
2. Preserving Property Value: Enforcing rules ensures common areas remain well- maintained and appealing.
3. Enhancing Safety: By-laws regulate renovation works, facility usage, and access controls, ensuring a secure environment.
4. Ensuring Transparency: By-laws treat all residents equally, fostering trust in the JMB or MC.
Amending and Creating By-Laws
Strata developments evolve, and so do their needs. To keep by-laws relevant, JMBs and MCs can propose amendments through a structured process:
1. Propose Changes:
• A JMB, MC, or property owner submits a written proposal for new or amended by-laws.
2. Special Resolution:
• The proposed amendment is discussed and voted on during a general meeting.
• Approval requires a two-thirds majority from eligible voters.
3. Registration with COB:
• Approved amendments must be registered with the Commissioner of Buildings (COB) to become enforceable under the Strata Management Act.
Challenges in Enforcing By-Laws
Effective enforcement is critical for successful strata management, but several challenges can arise:
1. Non-Compliance: Some residents may ignore by-laws due to lack of awareness or intentional defiance.
2. Disputes Over Fairness: Certain by-laws may be perceived as overly restrictive.
3. Inconsistent Enforcement: Unequal treatment by the JMB or MC can lead to dissatisfaction among residents.
To resolve these issues, JMBs and MCs can seek legal advice from a strata lawyer or SMA lawyer to ensure compliance and resolve disputes fairly.
Tips for Educating Residents on By-Laws
Effective communication is essential to ensure residents understand and follow strata by-laws. JMBs and MCs can:
• Distribute copies of by-laws and house rules to all new owners and tenants.
• Display key by-laws prominently in common areas.
• Conduct briefings or workshops on by-law compliance.
• Engage a strata management lawyer to provide clarity on legal responsibilities.
When to Consult a Strata Lawyer
A strata management lawyer or SMA lawyer can assist with:
• Drafting and amending by-laws.
• Resolving disputes between JMBs, MCs, and property owners.
• Ensuring compliance with the Strata Management Act and related regulations.
• Representing JMBs or MCs in legal proceedings.
Conclusion
Strata by-laws and house rules are the backbone of effective strata management, ensuring peaceful coexistence, property value preservation, and a high standard of living for residents. For JMBs, MCs, and property owners, understanding these regulations—and seeking guidance from a qualified strata lawyer when necessary—can help address compliance issues and foster a thriving community.
Need help with strata by-laws or legal compliance? Reach out to an experienced strata management lawyer to safeguard your interests and ensure smooth management. Contact us for a free consultation via WhatsApp (+60143000960) or E-mail (general@luibhullar.com) for any queries regarding Strata Management matters.
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