Written by: Yang Solehah Binti Abd Aziz
Pupil in Chamber
COMMISSIONER OF BUILDINGS (COB)
The Commissioner of Buildings (COB) is the officer in charge of administering and enforcing the provisions under the Strata Management Act 2013 (SMA).1 The Commissioner of Buildings may execute any tasks delegated to them by the Act or any other written legislation.2 Their objective is to ensure the maintenance of joint property is fulfilled based on the law and procedures so that harmonious joint property life can be achieved.3
COB's Primary Functions
Has the power to extend the Developer’s management period beyond one month after the establishment of the Joint Management Body.4
Has to power to review and determine sum to be paid as charges or contribution to the Sinking Fund.5
A COB or any authorized personnel has complete and unlimited access to the accounts and records of accounts and have access to make copies or extract of such accounts and records account from the Developer.6
Has the right to appoint an approved company auditor to investigate records, accounts, and transactions (if necessary).7
May appoint any person to convene the 1st Annual General Meeting (1st AGM) of the Joint Management Body and specify the time (if necessary).8
Has the power to appoint a new date for the election of the Joint Management Committee.9
Has the power to approve allowances and other expenses of the members of the Joint Management Body and members of the Joint Management Committee.10
Differences Between and COB Strata Management Tribunal (SMT)
Strata Management Tribunal is established under the Strata Management Act 2013 as an alternative forum to determine claims and hear disputes arising from strata management issues.11
1 Section 4(1) SMA 2013
2 Section 4 (3) SMA 2013:
3 Official Klang Commissioner of Buildings' website
4 Section 7 (2) SMA 2013
5 Section 12 (7) (a) SMA 2013
6 Section 14 (1) (d) SMA 2013
7 Section 14(2) SMA 2013
8 Section 18(5) SMA 2013
9 Section 19 (2) (a) SMA 2013 10 Section 23 (3) (l) SMA 2013 11 Section 102 SMA 2013
The tribunal consists of a Chairman, a Deputy Chairman and not less than 20 other appointed members.12 Filing an action in the Strata Tribunal is more cost-effective since there is no necessity to incur legal fees. This is because parties are not allowed to be represented by an advocate and solicitor at a hearing unless, the Tribunal considers the matter in question involves complex issues of law and one party will suffer severe financial hardship if he is not represented.13 However, the SMT has a pecuniary jurisdiction not exceeding RM 250,000.14
Hence, while the COB is concerned with the general needs and enforcement of building maintenance and management, the SMT is a body which exclusively deals with resolving disputes. In short, the Commissioner of Buildings is the sheriff and the enforcer, meanwhile the Strata Management Tribunal are the judge(s) who oversee application of the law.
12 Section 103 (1) (a) & (b)
13 Section 110 (2) SMA 2013
14 Section 105 (1) SMA 2013