Is property building management a professional?

Have separate board 

WE refer to the letter “Leave it to professionals”, (see article below) on the issue of strata management.

Building management is not a profession: it is a multi-disciplinary management function encompassing a wide range of skills such as engineering, architecture, accounting, law, vocational skills, etc.

It cannot and should not be the exclusive domain of any particular profession like registered valuers.

No country has laws that specify that only registered valuers admitted as property managers pursuant to Section 21(1)(a) of the Valuers, Appraisers and Estate Agents Act, 1981 (VAEA Act) can undertake property management.

To put things in perspective, the Building Management Association of Malaysia (BMAM) is not objecting to registered valuers managing stratified properties.

What we are strongly opposed to is the creation of a monopoly favouring registered valuers if the Bill is signed into law in its present form.

The Board of Valuers, Appraisers and Estate Agents is offering to open a sub-register for non-valuer managing agents to be admitted as property managers.

We are not accepting the board’s proposal as it would only further entrench its monopoly over property management, given that the admission, suspension and even eventual deregistration of non-valuer property managers will be at the sole discretion of the board.

We are calling for the establishment of a separate multi-disciplinary Board of Building Managers under the jurisdiction of the Housing and Local Government Ministry with regulatory support from the Commissioner of Buildings (COB).

There are more than 4,000 stratified projects (80% of them residential) in Malaysia at the moment, and about five million Malaysians belonging to the low and middle income groups live in them.

Since the common properties and facilities in the flat and apartment premises cannot be sold or subdivided and are meant for the exclusive use of the residents, all that the owners need is a building manager to maintain the common areas and facilities, and not a property manager whose portfolio includes leasing, collection of rent, promotion of sales, etc.

A building manager appointed by the joint management body (JMB) or management corporation (MC) upon mutually agreed terms and conditions of scope of work and remuneration would be significantly cheaper than a property manager whose fees are subject to a schedule under the VAEA Act.

The building manager is only expected to carry out his duties and responsibilities according to the terms and conditions of his appointment as well as the instructions of the JMB or MC Management Committee.

All fiduciary responsibilities, particularly the management of the Building Fund Account, are undertaken by the JMB or MC pursuant to the Building and Common Property (Maintenance and Management) Act, 2007 and the Strata Titles Act, 1985.

These records are submitted to the COB every year after the annual general meeting.

PROF S. VENKATESWARAN
Secretary General
Building Management Association of Malaysia

Leave it to professionals

THE public deserves an unbiased understanding beyond the shadow play leading up to the third reading of the Strata Management Bill 2012 in parliament.

The proposed Act stipulates that a managing agent for stratified property must first be free from any potential conflict of interest (i.e. independent) and secondly, a registered property manager.

The Act replaces the Building and Common Property Act, which did not emphasise that such functions are to be performed by a registered property manager.

The key problem is that property management at present is also practised by an unregulated group and such parties are not accountable to a regulatory body unlike registered persons i.e. property professionals or chartered surveyors.

The new Act aims to rectify this disparity by uniformly regulating all property managers of stratified properties.

Under the Valuers, Appraisers and Estate Agents Act (VAEA), a Registered Property Manager must possess:

1) An academic qualification from an approved institution of higher learning or recognised professional examinations; and

2) Pass the Test of Professional Competence set by the regulating body.

These robust standards and established processes are aimed towards registering professionals of sound qualifications and adequate competency levels.

A registered property manager is continuously subjected to a code of conduct, professional standards and various stipulations under VAEA to ensure they discharge their duties in a manner that serves the public adequately and to the highest possible industry standards.

The registration of property managers and firms is undertaken by the Board of Valuers, Appraisers and Estate Agents Malaysia (board).

The board, a governmental regulatory body under the purview of the Finance Ministry, was set up in 1981 to regulate Estate Agents, Valuers, Appraisers and Property Managers in Malaysia.

It is legislatively empowered to deal with complaints from the public and take disciplinary action against any errant registered persons or firms, including stripping them of their licence and barring them from further practice, amongst other possible disciplinary measures.

Given the established competency requirements and standards imposed on registered property managers, I cannot see beyond reasonable logic for such professionals to utterly fail in their professional duties to a joint management corporation, management corporation or individual owner.

The board, in the spirit of laissez-faire, has opened the registration of property managers to include these non-regulated practitioners.

Property management was always the domain of property professionals but only in recent history, primarily property developers and others have set up property management businesses to rival property professionals for the property management trade but in an unregulated fashion, taking advantage of the limitations of statutes. This is where the battle lies and the public should take notice.

If a non-regulated practitioner wishes to practise as a property manager in efforts to legally comply with the greater standards as demanded by the new Act, I cannot see why they should shy away and not readily subject themselves through the established process and competency test in order to become a registered property manager.

The process is not designed to penalise individuals but to assess if a candidate has the required level of competency, in order to be accountable to the public as a practising professional.

The merit of regulating the property management profession far outweighs any self-serving agenda, and the public must insist for high standards in lieu of the nation’s Vision 2020 agenda.

To the lawmakers and members of Parliament, my plea is to make the right decisions in cognisance of standards, accountability and professionalism.

The last thing we want is a mushrooming of “urban slums” in our beautiful country.

A. PADMAN  Kuala Lumpur - The Star, Nov 5 2012

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Managing strata properties in Malaysia
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America's problem: Money politics seldom supports reforms

“Money politics” has become even more prominent in the U.S. presidential race this year.

In 2010, the U.S. Supreme Court removed the limits on corporate donations to political campaigns and ruled that corporate donations are a protected form of free speech. As a result, this year’s congressional and presidential elections have become the most expensive in U.S. history, with billions of U.S. dollars spent already.

While rich people are throwing loads of money into the presidential election, ordinary Americans are worried about their own financial conditions.

Over the past 20 years, the income of middle-class Americans has been on the decline, and the income gap is becoming increasingly wide.

A poll has found that most Americans believe that too much money has been spent on the elections, and political contributions will only enhance rich people’s influence over the policy-making. No matter who is elected the U.S. president, he is bound to pay more attention to the needs of the rich than those of the poor.

Rich people are enjoying greater influence in politics, while the rights of ordinary voters are being damaged, which runs counter to the U.S. constitutional principle of “political equality.”

The economy is the decisive factor in this year’s presidential election, but the two candidates have mainly attacked each other, and failed to introduce specific plans for solving the country’s economic problems when it comes to debates on economic issues.

The weak U.S. economy is a result of both the global financial crisis that broke out a few years ago and the country’s own political problems. All Americans see on television is the ugly partisan strife and politicians’ lack of courage to carry out reforms.

The U.S. president needs great public support to lead the country out of crisis, and should figure out whether he rules simply for the sake of ruling or acts only after carefully considering the people’s immediate and long-term interests. Americans should remember that money politics seldom support reforms.

Read the Chinese version: “金钱政治”砸不出变革动力; 
Source: People's Daily; Author: Zhong Sheng

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Property market here skyrocketing demand; calls to make Malaysia a real estate investment hub

Homes prices in Malaysia are expected to be stable, thanks to solid domestic demand and ample purchasing power, said Datuk FD Iskandar (pictured), Deputy President of the Real Estate and Housing Developers’ Association of Malaysia (REHDA).

“With the implementation of the Economic Transformation Programme and the Greater Kuala Lumpur, the real estate sector is set to experience skyrocketing demand in the coming years,” he told The Borneo Post.

Compared to other property segments, landed houses saw the highest demand this year and the same is expected for 2013 and 2014. One of the factors that contributed to the domestic demand was the country’s growth rate of between 2.2 and 2.3 percent, as well as the rapid urbanisation of Malaysia.

“In the 70s, the degree of urbanisation in Malaysia was only about 30 percent and it increased to 40 percent in the 80s. Now, the degree of urbanisation in the country is between 55 percent and 56 percent,” he said, adding that 200,000 houses were sold in 2011, of which 50 percent were new properties, with the rest being resale properties.

At the same time, people need not worry that a property bubble is looming. Of all the properties sold in 2011, only 1.8 percent was bought by foreigners, unlike in Singapore, where over 39 percent of properties were sold to expatriates, he said.

In addition, property prices in Malaysia are still one of the lowest in the ASEAN region.

“The best that we have is the KLCC area, with an average selling price of US$500 psf (RM1,525 psf). In Singapore, you will be paying US$2,000 (RM6,103) for the same area, while in Jakarta, you will get it in between US$700 and US$800 (RM2,136 to RM2,441),” he added.

By Cheryl Tay 
 

Calls to make Malaysia a real estate investment hub

 
By Andrew Batt:

The Malaysian government should amplify efforts to promote Malaysia as an international property investment hub, according to property developers in a report by The Business Times.

At present, 2 percent of the total property sales in Malaysia come from foreigners, compared with Singapore’s 30 percent. Taking into account that about 120,000 new units enter the market each year, this translates to 2,400 properties.

The government has also introduced measures to cut red tape and enhance the delivery of public service at all government agencies both at federal and state levels.

Moreover, Malaysia is eyeing to attract thousands of expatriates to Iskandar. Three times the size of Singapore, this region will feature an education hub, leisure facilities, a financial district, as well as residential and commercial areas.

European expatriates based in Singapore are planning to relocate to Malaysia due to its cheaper property and low cost of living. Many have already purchased homes in the southern part of the country.

According to Jason Thoe, Head of Marketing at PropertyGuru.com.my, investors are flooding in to Malaysia from Singapore, China, Japan, South Korea and Hong Kong snapping up residential properties in Johor, Kuala Lumpur and Penang.

Ho Hon Sang, Managing Director (property development division) at Sunway Bhd, added that Chinese, Japanese and South Koreans are coming back to Malaysia to invest in properties.

“The country’s leadership and branding is important to attract foreigners here. The government is (also) addressing the issue of affordability so that all Malaysians could own a property,” added Ho.