| By Wong Mei Kay of theedgeproperty.com | ||
| Tuesday, 09 October 2012 19:21 |  | |
PETALING JAYA (Oct 9): Registered property managers are crying foul over the proposed definition of "property manager" in the Strata Management Bill 2012, which was only revealed during its third reading in Parliament on Sept 27.
They claim that stakeholders involved in drafting the Bill over the pass three years were not consulted over the latest changes.
"Should these new definition come into effect, it will deregulate the current system that has existed since 2007 causing an influx of unregistered property managers to swoop in and cash in on the situation," says Ishak Ismail, the president of the Malaysian Institute of Professional Property Managers (MIPPM) at a press conference on Tuesday.
Also present were those who were involved during the drafting of the original Bill — namely, Adzman Shah Mohd Ariffin, chairman of the Royal Istitution of Surveyors Malaysia (RISM); and Datuk Seri Mani Usilappan, past president of the Board of Valuers, Appraisers and Estate Agents Property Managers in the Private Sector of Malaysia (PEPS).
The proposed amendments to the Bill seeks to amend Section 2 to replace the previously agreed definition of "property manager" with the following definition:
(a) is appointed by a developer on the instruction of the Commissioner under Section 12(7)(b) or 52(6)(b);
(b) is employed or arranged and secured his or its services by a Joint Management Body under Section 21(2)(f);
(c) is employed or arranged and secured his or its services by a Management Corporation under Section 59(2)(f); and
(d) is employed by a management committee for and on behalf of a Management Corporation under Provision 6 of the Second Schedule.
"These changes are a step back for the industry, because these unlicenced property managers have not received any relevant qualifications in property management. Instead, they just view it as just another business opportunity," says Adzman, who added that should there be mismanagement of a building, it is hard to hold these parties accountable for their wrong doings mainly because they don't face the risk of having any licence revoked.
According to Mani, there are approximately 3,000 certified property managers in the market now. However, the panelists are unable to clearly identify the actual number of unlicenced property managers currently operating in the country, although they expect the figure to substantially balloon should the Bill be passed.
"The issue has been going on for the past ten years. We had previously opened our doors to the unlicensed parties who have had experience in the industry in 2002. They had turned down our offer mainly because they don't want to be regulated," said Wong.
Recently, the Building Management Association of Malaysia (BMAM) has been lobbying to the Housing and Local Government Minister to amend the term "property manager" to "building manager" in the Strata Management Bill.
The association claimed that property management would be monopolised by licensed valuers following the use of the term "property manager". Therefore, it came up with the proposal to use the term "building manager".
BMAM has proposed the definition for "building manager" to be "any person who has been deemed competent to undertake the normal functions of building management and who has been accredited to, or admitted as a member of, or duty certified by an appropriate professional or registered body".
Meanwhile, the National House Buyers Association said in a statement released at the press conference that only the Valuers, Appraisers and Estate Agents Act (VAEA Act) outlines the qualifications of a person who can manage stratified property.
"That being the case, the National House Buyers Association (HBA) feels this Act should be adhered to, and we support the stand of the Ministry of Finance's Board of Valuers, Appraisers and Estate Agents (BDAEA) that all 'property managers' — whether they be named managing agents, building or condo managers — should be regulated," read the press release.
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