Some residents of Flat PKNS Tapak Maha in Taman Datuk Harun, Petaling Jaya have renovated their units and taken over common spaces. — Photos: LOW LAY PHON/The Star
Some residents of Flat PKNS Tapak Maha in Taman Datuk Harun, Petaling Jaya have transformed their ground floor units into fully fledged houses, which is a blatant violation of strata property regulations.
Living spaces have been expanded to include gardens and car porches – encroaching upon drain reserves and manholes, awnings installed, and road reserves and common spaces cordoned off with gates placed outside designated stratified plots.
Some have even turned their extended spaces into short- and long-term homestays.
Empty plots of land on this property located on Jalan PJS 2C/5 have also been taken up by residents, with sheds built to park personal vehicles and store items.
A resident staking a claim on an empty space by cementing it and even installing lighting to help brighten up the area.
According to the flat’s joint management body (JMB), nothing could be done even though it had the power to take action under the Street, Drainage and Building Act 1974 and Strata Management Act 2013.
“I only took over the management two years ago and we have accepted that this problem will never be solved.
“It takes money to hire lawyers and demolish illegal structures, and we don’t have that kind of funds,” said JMB chairman Anuar Surau.
Some unit owners have erected sheds to park their vehicles.
A long-time resident of the flat, who only wanted to be known as Lin, said illegal extensions were a very sensitive topic in the area.
“My friend who works in the JMB always gets scolded when she brings up the topic with the owners who have extended their homes and are refusing to pay the maintenance fee.
Ihsan says the units with illegal extensions are also a fire trap.“But I find it unfair that people who have taken up extra space by renovating their units are not even paying their maintenance fee,” she said.
Another resident, who did not want to be identified, pointed out that owners who had extended their units should pay more for taking over the extra space.
“You are taking up the entire front and back space and some are even making money renting that extra space to outsiders, so logically speaking, they should pay extra in terms of maintenance fees, assessment taxes, parcel rent and even insurance.
When StarMetro visited the flats recently, it was clear that some of the renovations carried out had been extensive.
It was learnt that only a handful of unit owners had managed to get individual strata titles for their units.
An owner, who had illegally renovated her unit on the ground floor, said she only built the addition when her neighbour extended both the front and back porches.
“I only did the back portion, but if the authority wants me to remove it, then they will have to ask everyone to remove their extensions, including my neighbour,” she said.
A resident staking a claim on an empty space by cementing it and even installing lighting to help brighten up the area.
When informed that she would not be able to get a strata title if she were to apply for it in the future, she appeared unconcerned.
“The strata title is not important to me as I have lived here for many years,” she said, adding that she renovated the unit 12 years ago.
When contacted, a lawyer experienced in strata matters clarified that owners who had extended their units without authorisation from the JMB and local council would not be able to apply for strata title nor make any insurance claims if there were to be an accident like a fire.
“One cannot recognise the rights of a person who has illegally extended their homes,” said the lawyer, who preferred to remain unnamed.
Sarly says these illegal additions are a safety issue.
“Hence, asking owners to pay more (maintenance) fee for extending their property boundaries is not logical because you are then recognising their illegal work.”
The legal expert added that the JMB was tasked with managing and maintaining common property before the issuance of strata titles.
“A management corporation (MC) will only take over the responsibilities after strata titles are issued and if the illegal extensions are not removed, they will not be able to form the MC.
“Without the strata titles, the JMB can never graduate to a full-fledged MC, because strata titles are only issued for the original approved plans and not for illegal extensions.
“The illegal extensions must be removed and if the JMB is unable to do so, then it can take action via the Commissioner of Buildings (COB) and file a case at the strata tribunal to prosecute the offenders for non-compliance,’’ he added.
Malaysian Institute of Architects (PAM) immediate past president Sarly Adre Sarkum concurred, adding that it was also a safety issue.
“Professional architects and engineers will not take on such jobs (illegal renovation) as it is not only dangerous, but also goes against the conduct of their profession, which can result in them losing their licence,” he said.
Legality issues aside, town planner Ihsan Zainal Mokhtar said the illegally extended units were also a fire trap.
He added that these modified units would not have the required fire certification from the fire department.
“Once you illegally renovate or extend your property, forget about claiming fire insurance if a fire breaks out.
“The unit owner must also realise that he or she is putting everyone in the building at risk,” he said.
To keep ground floor unit owners from illegally extending their flats, Ihsan suggested the government do away with units on that level.
“The ground floor should be void and used as a carpark or recreation space for the community.
“I have seen Singapore do this,” he said, adding that it was good for ventilation too.
Ihsan said current high-rise government housing had little space for the community to gather, so replacing ground floor units with a common space for events such as weddings or even a children’s play area would benefit the community.
