Penang Property Talk

Artist’s impression of the facade of Gurney Walk.

Penang’s famous Gurney Drive will be getting a new landmark called “Gurney Walk” next year.

The project’s developer Plentitude Bhd is touting it to be “an invigorating social and cultural hub.”

While no investment figure for the project has been given, it is expected to boast 60,000 square feet of leasable space.

Gurney Walk will be directly connected to the 37-storey Ascott Gurney Penang, which will comprise 271 serviced residences.

Ascott Gurney Penang is taking over the space of the former The Gurney Resort Hotel and Residences.

It is currently undergoing renovation and refurbishment, and is slated to open in the third quarter of 2021.

“Gurney Walk is specially designed to cater to consumers with contemporary taste. Careful consideration and planning have gone into the use of space, to strike a balance between design and functionality.

“It is a place where people can break away from the mundane and come together to experience something truly refreshing or to be inspired. Needless to say, it’s going to be very Instagram-worthy,” Plenitude chief executive officer Tan Seng Chye said.

The ground floor of Gurney Walk will feature a wide-ranging and a mix of food and beverage and dining outlets.

Gurney Walk is said to have received considerable interest by potential tenants, with over 30% of net leasable areas within the development been taken up.

“We have received positive responses from prospective tenants, who are confident of the immense potential presented by Gurney Walk,” Tan said.

He said the retail space in Gurney Walk had been carefully curated to ensure a fresh and interesting trade mix.

Gurney Drive is currently home to two lifestyle shopping malls – Gurney Plaza and Gurney Paragon respectively.

Each features tenants which include international retail names and also engaged in food and beverage.

The Plenitude Group commands a diverse portfolio and track record of property development and hospitality-related business ventures, both locally and abroad.

They include The Marin in Penang, townships in Kedah and Johor, as well as nine hotel assets.

Source: NST Online

By Sr. KC Law

While living in a condominium has its advantages, such as having cool facilities to use, it surely has its disadvantages.

The below 2 situations may sound familiar to you –

The occurrence of water leakages from your upstairs neighbour’s washroom causing your condo ceiling to have yellow patches. Usually, the lower floor strata owner will make a complaint to the condo management. After doing a site inspection, condo management will inform and request the upper strata owner responsible to rectify the leakages/defects. To solve this issue amicably, you would require your upstairs neighbour to be cooperative in acknowledging that the source of the problem is from their unit and then agreeing to fix it. But what happens if they are uncooperative?

What about the issue of owners defaulting on their monthly maintenance fees and sinking fund in spite of multiple reminders, causing poor upkeep of the condo due to insufficient funds. What can the condo management do about these defaulting owners?

We understand that such situations might cause some to be at their wit’s end, not knowing what they can do.

Today, we would like to share a simple and practical guide on how you can resolve these kinds of issues in a cost-effective manner through what’s called the Strata Management Tribunal (SMT) – oh, and it does not involve hiring a lawyer.

Before we go into how to file a case with the tribunal, let me introduce the two Strata Laws that govern Strata properties in Malaysia:

1. Strata Titles Act 1985 (Act 318) amended in 2013 (vide Act A1450)
2. Strata Management Act 2013 (SMA) (Act 757) (repeal from Building & Common Property (Maintenance & Management) Act 2007 (referred to as Act 663).

The Strata Management Act 2013 (SMA) was enforced on 1 June 2015 and under this act, we have two regulations which are:

• Strata Management (Maintenance and Management) Regulations 2015 (SMR)
• Strata Management (Strata Management Tribunal) Regulations 2015 (SMT). This is the piece of regulation that we will be zeroing in.

*SMA is only applicable to Peninsular Malaysia. In Sarawak, it is governed by the Sarawak Strata Titles Ordinance 1974 and in Sabah, it is governed by the Sabah Land (Subsidiary Title) Enactment 1972.

Based on the SMA and its regulations, strata properties that do not come with strata titles during vacant possession are managed in 3 stages:

Stage 1- Management by the developer. The developer will initially manage the common properties after vacant possession of parcel to strata owners.

Stage 2- Management by a Joint Management Body (JMB). Strata owners and the developer jointly manage the common properties via a JMB established after the first annual general meeting (AGM) of the JMB.

Stage 3- Management by a Management Corporation (MC). Once the strata title has been issued, the JMB will transfer management of common properties to an MC after the first AGM of the MC.

On the other hand, for new strata properties that come with strata titles upon vacant possession, management is from stage 1 and then directly to stage 3, i.e. first by the developer and subsequently by the MC.

Now, going back to the 2 issues I’ve highlighted at the start, 1-Inter-floor leakages between two strata units. and 2- JMB/MC having to deal with defaulters not paying/owing maintenance charges and sinking fund.

Effective 1 June 2015 onwards, the enforcement of the Strata Management Tribunal Regulation 2015 (SMT) or Tribunal Pengurusan Strata (TPS) by the Housing and Local Government Ministry (Kementerian Perumahan dan Kerajaan Tempatan) (KPKT) provided an efficient and cost-effective solution in resolving disputes between strata owners, JMB/MC, developer and other stakeholders.

And yes, no lawyer is needed for SMT cases, because section 110 of the Strata Management Act 2013 (SMA) states that no party shall be represented by a lawyer unless there are complex legal issues which would require any party to have one. The maximum claims limit in SMT cases is up to RM 250,000. Not bad at all right?

The following are steps in filing for Strata Management Tribunal (SMT).

1. Claimant/(Penuntut): Download and fill up 4 copies of Form 1/Borang 1 (Statement of claims) clearly, precisely and accurately with sufficient facts and evidence attached; together with a filing fee of RM100 for residential claims and RM200 for commercial/industrial claims and submit to KPKT. The 4 copies of Form 1 will be signed and sealed by the Secretary of the Tribunal on the same day.

*Addresses for SMT filing are:

Central zone – No. 51, Persiaran Perdana, 62100 Presint 4, Putrajaya, 62100 Putrajaya (Level 1)

North zone – Aras 7, Zon B Wisma Persekutuan, Seberang Perai Utara,13200 Jalan Bertam,Kepala Batas, Pulau Pinang

South Zone – Tingkat 20, Menara Ansar, No.65, Jalan Trus,80000 Johor Bahru,Johor.

East Zone – Tingkat 5-6, Bangunan Darul Takaful (Maidam), Jalan Sultan Ismail, 20200 Kuala Terengganu,Terengganu

2. Claimant/(Penuntut) must serve 1 copy of Form 1/Borang 1 (Statement of claims) attached with Form 2 (Statement of defence and counterclaim) and Form 4 (notice of hearing) with the date, time and venue of the hearing to the Respondent/(Penentang) within 14 days of the filing date.
3. Respondent/(Penentang) can file a defence using Form 2 (Statement of defence and counterclaim) within 14 days after receiving Form 1 (Statement of claims) from Claimant at KPKT. The filing fee is the same paid by the claimant.
4. Should the Claimant disagree with the respondent’s Form 2 (Statement of defence and counterclaim), the claimant can file using Form 3 (Defence to Counterclaim) to counter the respondent’s statement with a filing fee of RM50 for residential claims and RM100 for commercial/industrial claims at KPKT.

On the hearing date, both parties must appear before the President of the Tribunal at Level 4 of KPKT Putrajaya (for the central zone). Both parties will present oral arguments and documented pieces of evidence relevant to the case.

Once the hearing is over, the tribunal will make an award based on the pieces of evidence. Awards and settlements are recorded in writing in Form 6 (Award by Consent). Failure to comply with the award decided by the Tribunal is a criminal offence and one can be fined up to RM250K or jailed up to 3 years or both according to Section 123 of the SMA 2013.

For additional information on The Strata Management Tribunal, please refer to https://www.kpkt.gov.my/index.php/pages/view/423

Sr. KC Law is a Registered Valuer, Estate Agent and Property Manager with The Board of Valuers, Appraisers, Estate Agents and Property Managers (BOVEAP) of Malaysia. (More about Sr. KC Law)

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Stakeholders in Penang, championing for a better public transportation system, and Penangites at large are still looking forward to the Bayan Lepas Light Rail Transit (LRT) project to be materialised.

The RM9.5bil project has been dealt a blow after Putrajaya withdrew its RM2bil government guarantee for the state government to finance the project.

However, Chief Minister Chow Kon Yeow had been reported as saying that the state would proceed with the project, using other financing options.

Some notable figures and members of the public whom Buletin Mutiara interviewed today expressed their support for the state government to make the state’s first LRT project a reality for the betterment of people.

Penang Chinese Chambers of Commerce (PCCC) vice-president Datuk Finn Choong told Buletin Mutiara that many Penangites are eager to see the state’s LRT project get off the ground after years of planning.

He said this project, under the comprehensive Penang Transport Master Plan (PTMP), was one of the long-term plans to bring the state to a greater height.

“This initiative is to alleviate traffic gridlock, especially on the Penang island.

“The unresolved traffic congestion over the years is likely to see light at the end of the tunnel when the project is done.

“This can be a catalyst of growth for Penang in the future.

“Nevertheless, my view is that this initiative is critical for Penang if we want to be a real world city rather than merely just a name,” he said today.

Raine & Horne International Zaki + Partners Sdn Bhd senior partner Michael Geh said the property sector would receive a boost with the implementation of the LRT.

“The proposed Bayan Lepas – Komtar LRT line will stimulate the overall property market, especially to the stations nearby.

“It will tackle the traffic congestion during the peak hours in Bayan Baru and its vicinity. If the project materialises, it will also be a plus point for the property sector,” he said.

Muazim Shuhaimi, 24, said the project was important as one of the alternatives to overcome traffic congestions.

“Aside from tackling congestion, I believe that it helps to save cost and time.

“I hope the state can find a winnable solution with the Federal Government for the people’s benefit,” he said.

Benji Ang Ming Quan, who is self-employed, believes that the LRT is the key for the state to a complete transportation system.

“It is necessary to have this LRT line as Komtar, which serves as the state’s administration complex, houses various government agencies.

“I would like to propose that this Bayan Lepas – Komtar route includes the Sungai Nibong bus station as well.

“It’s important for the state and Federal Government to set aside their differences for the sake of the people’s welfare,” he added.

Source: Buletin Mutiara

Penang will not give up on its proposed Light Rail Transit (LRT) project despite Putrajaya withdrawing its guarantee, said Chow Kon Yeow.

The Penang chief minister said the state will continue with its LRT project as it generally has several other financing options to fund projects under the Penang Transport Master Plan (PTMP).

“At the same time, the state government will continue to win the federal government’s confidence in prioritising the financing of the LRT project and give equal treatment to Penang as we have continued to play an important role by taking the lead in attracting foreign direct investments and creating thousands of job opportunities not only for the state but also for northern Malaysia,” he said in a statement today.

Chow was responding to a recent announcement by Finance Minister Datuk Seri Tengku Zafrul Abdul Aziz that the federal government will not provide a government guarantee for a US$500 million (RM2 billion) loan application for Penang to partially finance the RM9.5 billion LRT project.

He expressed his disappointment in the finance minister for repeatedly stating the rejection of the state’s application for a loan guarantee to fund the LRT project that will link Komtar to Bayan Lepas despite the importance of the project for the state’s economic development.

“I wish to remind the Finance Ministry and Perikatan Nasional that former prime minister Tun Dr Mahathir Mohamad wrote to me, in a letter dated October 1, 2019, that the federal government will provide a guarantee for the bonds issued by the state for the project,” he said.

Chow said he presented the above arguments to Minister in the Prime Minister’s Department Datuk Seri Mustapa Mohamed during a discussion session on allocations under the 12th Malaysia Plan (RMK-12) for Penang on November 26.

“I also stated the same to Tengku Zafrul during a dialogue session on the Budget 2021 Consultation for Penang organised by the Northern Corridor Implementation Authority on August 8 and during RMK-12 engagement sessions with Datuk Seri Mohamed Azmin Ali on August 2 last year,” he said.

Source: MalayMail.com