KUALA LUMPUR – Despite the reality that decisions made by the Strata Management Tribunal form an invaluable source of reference for the public, these decisions are not always available to the masses.
In fact, they are often shrouded in secrecy, or the decisions transmitted incoherently to the public, although hundreds of thousands of property owners across the country depend on them.
Emphasising the importance of the tribunal, the House Buyers Association (HBA) explained that it has powers to adjudicate matters relating to high-rise properties as provided for under the Strata Management Act 2013 (SMA).
“In simple terms, it is an avenue where various stakeholders or affected persons under the SMA go when there are discrepancies concerning the affairs of stratified properties and to ask for adjudication of certain disputes by the tribunal,” it said in a statement yesterday.
Affected persons can be proprietors, developers, management corporations, joint management bodies, property managers and commissioners of buildings.
It stressed that both the decisions and reasoning given must be made accessible to the public online.
Under Section 117(2) of the act, the tribunal must provide reasons behind its decisions.
However, the courts have decided that Section 117(2) is satisfied when the tribunal provides its reasons and decisions orally.
“In other words, written reasons or grounds of decisions for any award is optional,” the statement read.
This, HBA said, results in a situation where decisions made by the tribunal remain hidden or are not appropriately conveyed to the public.
“The public may not be able to understand the rationale of the awards, which could be weighed down with legal language that was delivered orally, bearing in mind parties are not permitted to be represented by an advocate and solicitor unless it involves complex issues of law,” the association said.
Additionally, HBA said this could cause stakeholders to receive improper guidance in relation to the SMA, and also result in the hampering of the development of local strata laws.
“HBA has previously mooted and we now reiterate our call for the publication of awards and reasons for such awards, and even if not for each award, this should be done at least for those important awards that will impact future application of laws,” the statement added.
Decisions made by the tribunal are commonly referred to as awards.
To remedy this drawback, HBA is urging the Housing and Local Government Ministry to publish the decisions of the tribunal on its website. – The Vibes, May 8, 2021
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