Understanding the limited common property definition in Malaysia is crucial for property owners, especially those living in stratified developments such as condominiums and apartments. This legal concept determines who can use certain shared areas and how responsibilities are divided among owners, making it essential for effective property management and harmonious living.
What Is Limited Common Property?
Limited common property refers to areas within a stratified property development that are designated for the exclusive use of one or more, but not all, parcel owners. Unlike general common property, which is accessible to all residents, limited common property is restricted in use and often includes spaces like balconies, parking bays, or rooftop gardens assigned to specific units.
Legal Framework for Limited Common Property in Malaysia
The concept of limited common property is governed by the Strata Management Act 2013 (Act 757) in Malaysia. This Act outlines the rights and responsibilities of parcel owners, the management corporation (MC), and the joint management body (JMB) in relation to common property, including limited common property.
Under Section 17 of the Strata Management Act, limited common property can be designated through a special resolution passed by the management body. The resolution must specify the area involved and the parcel owners who are entitled to its exclusive use.
Key Differences Between Limited and General Common Property
| Aspect | Limited Common Property | General Common Property |
|---|---|---|
| Access | Restricted to specific parcel owners | Open to all parcel owners |
| Maintenance Responsibility | Shared among entitled parcel owners | Shared among all parcel owners |
| Examples | Balconies, private gardens, designated parking | Lobbies, lifts, swimming pools |
| Designation | Requires special resolution | Automatically part of common property |
How Limited Common Property Is Designated
To officially designate an area as limited common property, the management body must pass a special resolution during a general meeting. This resolution must clearly identify the area, the parcel owners entitled to use it, and the purpose of the designation. The decision is then recorded in the strata roll and the relevant documents submitted to the Commissioner of Buildings (COB).
It is important to note that the designation must not contravene any existing by-laws or affect the rights of other parcel owners. Transparency and proper documentation are key to avoiding disputes.
Examples of Limited Common Property in Malaysian Developments
- Private balconies attached to individual units
- Designated car parks for specific units
- Private gardens or courtyards accessible only to ground floor units
- Rooftop terraces allocated to penthouse units
- Storage rooms assigned to certain parcel owners
These areas are physically part of the common property but are reserved for the use of specified owners, making them limited common property under Malaysian law.
Why the Limited Common Property Definition in Malaysia Matters
Understanding the limited common property definition in Malaysia helps parcel owners know their rights and obligations. It also aids in the fair distribution of maintenance costs and prevents misuse of shared facilities. For developers and management bodies, it ensures compliance with legal requirements and promotes transparency in property management.
Maintenance and Cost Sharing for Limited Common Property
Unlike general common property, the cost of maintaining limited common property is borne only by the parcel owners who have exclusive rights to it. This includes cleaning, repairs, and any upgrades. The management body must keep separate accounts for these expenses to ensure that only the entitled owners are charged.
This cost-sharing model is fairer and more efficient, as it avoids burdening all owners with expenses for facilities they do not use.
Disputes Involving Limited Common Property
Disputes may arise when there is ambiguity about the designation, usage rights, or maintenance responsibilities of limited common property. Common issues include:
- Unauthorized use by non-entitled owners
- Disagreements over maintenance costs
- Improper designation without proper resolution
- Structural changes affecting other units
Such disputes can be resolved through mediation, filing a complaint with the Commissioner of Buildings, or legal action in the Strata Management Tribunal.
Limited Common Property Definition in Malaysia: Key Legal Cases
Several Malaysian court cases have clarified the limited common property definition in Malaysia. For example, in Perbadanan Pengurusan Sunrise Garden v Lee Swee Seng, the court emphasized the need for proper designation and documentation. The case highlighted that failure to follow legal procedures can render the designation invalid, affecting the rights of parcel owners.
These cases serve as important precedents and underscore the importance of compliance with the Strata Management Act.
Role of the Commissioner of Buildings (COB)
The COB plays a supervisory role in ensuring that limited common property is properly designated and managed. The COB reviews resolutions, investigates complaints, and can issue directives to rectify non-compliance. Parcel owners can approach the COB for guidance or to resolve disputes related to limited common property.
How to Check If an Area Is Limited Common Property
Parcel owners can verify the status of a property area by:
- Reviewing the strata roll and minutes of general meetings
- Checking the building’s by-laws and resolutions
- Consulting the management body or COB
Clear documentation is essential to avoid misunderstandings and ensure that all parties are aware of their rights and responsibilities.
Tips for Managing Limited Common Property Effectively
- Ensure proper designation through special resolutions
- Maintain accurate records and documentation
- Communicate clearly with entitled parcel owners
- Establish a fair maintenance schedule and budget
- Seek legal advice when in doubt
Effective management promotes harmony among residents and ensures compliance with Malaysian strata laws.
Common Misunderstandings About Limited Common Property
- Assuming exclusive use means ownership
- Believing that the management body is responsible for all maintenance
- Thinking that designation can be done informally
- Overlooking the need for COB approval
Clarifying these misconceptions helps prevent conflicts and ensures that all parties understand their roles.
Conclusion: Understanding the Limited Common Property Definition in Malaysia
The limited common property definition in Malaysia is a vital concept for anyone involved in stratified property ownership. It affects how shared spaces are used, maintained, and paid for. By understanding the legal framework, responsibilities, and potential pitfalls, parcel owners can make informed decisions and avoid unnecessary disputes.
Always consult the relevant documents, communicate with your management body, and seek professional advice when needed. Managing expectations and staying informed are key to enjoying a peaceful and legally compliant living environment.
