KUALA LUMPUR – Legal action can be taken using the Prevention and Control of Infectious Diseases Act 1988 (Act 342) against apartments and condominiums for issuing fines to those who flout movement control order standard operating procedures.
Malaysian Bar president Salim Bashir Bhaskaran told The Vibes that residential building management bodies have no jurisdiction over the matter, and issuing fines could mean they are usurping the enforcement powers of government authorities.
This comes after the management of an Ampang condominium allegedly imposed a RM100 fine on a 1-year-old for not wearing a mask in an elevator.
Salim said there are no provisions under the Strata Management Act 2013 allowing these bodies to issue compounds for failure to adhere to the government’s Covid-19 SOPs.
Even by-laws formulated by management bodies do not supersede provisions under the federal act, he said.
“The power to issue compounds is granted only to authorised persons or bodies gazetted under Act 342.
“Any extra by-laws that are meant for residents must be done by way of an approval in their annual general meetings. Even then, the by-laws cannot be made to usurp the enforcement powers of government authorities.
“They (residential buildings) need to rescind the practice of issuing compounds, or else, it could be an offence under Act 342.”
Under the act, those who commit an offence face a fine of up to RM1,000.
However, through an emergency ordinance gazetted on Thursday, individual offenders now face a compound of up to RM10,000, while companies face a maximum RM50,000.
The general penalty for which “no penalty is expressly provided” is a fine of up to RM100,000 or imprisonment of up to seven years upon conviction.
A post that went viral recently alleged that the management body of Ampang Prima Condominium issued a RM100 fine after an offender “violated a clause of the House Rules” of the residence.
In a press conference on Thursday, Senior Minister Datuk Seri Ismail Sabri Yaakob said management bodies are not allowed to issue compounds to government SOP flouters, as this comes under Act 342.
The only power they have is limited to the premises, such as vandalism or facility damages, he said.
Attempts to get comment from the Ampang condominium proved futile at the time of writing.
Constitutional lawyer Lim Wei Jiet said while management bodies do have the authority to impose fines for certain offences, like illegal parking, the wearing of masks is a public health matter.
As such, he said, this power should lie solely with the federal government, so as to avoid any overlap.
“Perhaps, on their part, management bodies can lodge a report with the Health Ministry or police for further action.” – The Vibes, February 27, 2021
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