Penang Sungai Nibong Express Bus Terminal management takeover postponed

Operator stopped paying rent as the council failed implementing an e-ticketing system

Disquiet in the air: A confrontation between Sungai Nibong Express Bus Terminal management staff and MPPP enforcement personnel at the main gate of the terminal in Sungai Nibong, Penang.

 

EFFORTS by the Penang Muni-cipal Council (MPPP) to take over the management of the Sungai Nibong Express Bus Ter-minal were halted following a three-hour confrontation with the current operator.

The council postponed its action to take vacant possession of the terminal following the resistance, and called off some 50 council enforcement personnel at the scene.

Several enforcement personnel had arrived there as early as 7.30am Tuesday.

Their arrival was anticipated by the operator Aspirasi Utara Engi-neering (AUE) and a few of its staff members and representatives confronted the MPPP personnel.

Their exchange heated up from around 8.30am, and the group steadily grew to about 50 MPPP enforcement personnel and 20 people from AUE about three hours later.

MPPP Valuation Department deputy director Mohamed Idrus Saleh then briefed the enforcement team that their operation was being postponed.

In a written statement issued to reporters at the scene, the council said it had terminated the appointment of AUE as the operator of the terminal effective June 30, 2012.

It also said that AUE had on July 24, 2012, obtained an ex-parte order from the High Court to pro- hibit MPPP from taking any enforcement action concerning the bus terminal.

“The High Court then on Dec 28, 2012, set aside the ex-parte order after dismissing AUE’s inter-parte application for an injunction.

“The court also dismissed AUE’s application (pending its appeal) for an Erinford injunction on the same day, and dismissed its application for stay of execution on Feb 22 this year,” read the statement.

It also stated that MPPP, as the local authority and owner of the bus terminal, wanted to take over the management of the terminal in the interests of the public and users.

AUE legal advisor Mohd Noor Sirajajudeen Mohd Abdul Kader said they resisted the operation by MPPP because the personnel had come without a court order.

“They just came and pasted the notice to take over the management on the window of our office here on Monday morning,” he said.

He added that MPPP’s action was not in accordance with the law.

Company director Mohd Faisal Sirashahabudeen Mohd Abdul Kader said MPPP’s attempt to take over the management and the termination notice were still subject matters in court.

“The issue is still in court and MPPP’s action is deemed a disrup-tion to the administration of justice and contempt of court,” Mohd Faisal said.

He then ordered the council personnel to leave the terminal within 45 minutes.

He said the company had been appointed by MPPP to be the operator since 2010 but stopped paying the monthly rental of RM22,500 in January 2012 as the council had failed to implement an e-ticketing system.

The terminal was built by the MPPP in 2004 and has 41 ticket counters, five stalls, a restaurant, a bakery, 10 parking spaces for buses and 12 route platforms

By WINNIE YEOH winnie@thestar.com.my Photos by ZHAFARAN NASIB

Footnote:

Penang Sungai Nibong Bus Terminal

Sungai Nibong Bus Terminal is the centralised long distance express bus terminal on Penang Island. It was opened in May 2005, before that long distance express bus runs from Komtar, Georgetown. Though most express bus companies have relocated their operation to Sungai Nibong bus terminal, even until today, there are still some express bus companies departing from Komtar, Georgetown. For these groups of buses, they depart from Komtar then go to Sungai Nibong to pick up another group of passengers before leaving the island for the destinations. This is especially convenient for tourist who usually spends time and stays hotel in Georgetown area.

Sungai Nibong bus terminal is located about mid-way between northern and southern end of Penang Island. It is near the famous Penang bridge about 20 minutes to the city centre. Many city bus coaches arrive and depart from this terminal. Please check MyRapid for Penang city bus network details.

How do get to Sungai Nibong Bus Terminal?

The best way to get to Sungai Nibong Bus Terminal are by taxis and city buses.

Taxi fare from Georgetown area to Sungai Nibong Bus Terminal is around RM 25-35, whereas the travelling time is about 15 minutes.

Bus fare is RM 2 from from Georgetown area to Sungai Nibong Bus Terminal, whereas the travelling time is about 20 minutes. Do prepare yourself earlier if you are rushing for bus, in case of heavy traffic and longer waiting time for the bus.

How do get to city, Georgetown, from Sungai Nibong Bus Terminal?

The best way to get to city from Sungai Nibong Bus Terminal are by taxis and city buses.

Taxi stand is just in front of the Sungai Nibong Bus Terminal.

As for city bus, you can easily find the it from the two bus stops at the Sungai Nibong Bus Terminal. One is located at the front entrance of the terminal (along Jalan Sultan Azlan Shah) and the other one is located at the side entrance of the terminal (along Jalan Sungai Dua, at the opposite site of the terminal for town direction).

Good property management, maintenance add value

Stratified developments becoming a way of life

As stratified developments become a way a life, good maintenance and management have become an issue.

 

EARLIER this year, a new set of property managers replaced the previous one in the condominium that Siti lives. Not having a current account, she paid her quarterly management fees in cash. She was told that the receipt would be put in her postbox. It never came and she soon discovered that the property management company had absconded with the money.

As stratified developments which include condominiums, service apartments and gated and guarded projects become a way of life, good maintenance and management have become an issue.

Good management and maintenance will improve the value of the asset. This applies to all segments of the property market, be it residential, commercial or industrial.

Hence, the third reading of the Strata Management Bill 2012 on Monday is crucial, says Assoc-Prof Ting Kien Hwa, head of Centre for Real Estate Research at Universiti Teknologi Mara.

“Currently, property management is part of a service provided by valuers, who are regulated by the Board of Valuers, Appraisers and Estate Agents.

The work of valuers can be broadly divided into three areas property management, valuation work and real estate agency work.

This means that property management is a regulated profession and delinquents risk having their licence suspended.

For the last five to six years, managing stratified properties has become an issue, he says. As more of us live in gated and guarded developments, and high rise condominium and serviced apartments, property management is evolving to become a lucrative industry.

Ting says the Board of Valuers is in the process of creating a third register to accommodate property managers. Valuers and real estate agents are governed by two registers and the Board of Valuers are working on creating a third one for property managers.

Says Ting: “This is a similar situation as in the early 1980s when there were many illegal real estate agents. They were given a one-year period to register with the board.”

Ting says the duty and responsibilities of property managers go beyond just collecting money and managing a property. The word “managing” covers a whole gamut of expertise and responsibilities. These include insurance valuation, the appropriate rate of service charges to levy on owners, managing service providers like security guards and cleaners, gardeners and managing tenants and rental rates among other duties.

Depending on whether it is a residential or commercial property, some issues may overlap.

To claim that valuers want to monopolise the property management industry is incorrect, Ting says.

“Some parties say they want to liberalise' the profession. Just as engineers and architects are regulated by the Institute of Engineers and Pertubuhan Akitek Malaysia respectively, so property managers are regulated by the Board of Valuers because property management is part of the work of valuers. This is the situation in the United States, Britain and Australia. Shall we then liberalise' the achitecture and engineering profession by allowing more people who are untrained to practise as architects and engineers because architects and engineers are monopolising' the industry?” Ting asks.

Ting says this argument to liberalise the profession and cut out the monopoly does not hold water at all.

He says there are currently 8,000 trained property managers in the country and every year, 450 more graduates enter the job market.

The local public universities provided courses in property management in the late 1960s because they knew there would be a need for this.

Malaysian Institute of Professional Property Managers president Ishak Ismail says: “The Government was visionary enough to foresee a time when stratified housing will become part of the Malaysian property landscape. The first condominium was Desa Kuda Lari in the KLCC area.

“Today about four million people live in stratified projects. About 80% of all the stratified projects are managed by joint management bodies and management committees. About 20% are outsourced and of this about 58% are managed by illegal property managers.”

Ishak said over and above the various issues that fall under property management, two sets of skills are needed the hard skills in managing the property and the soft skills in people management.

He says there is a need to put in the proper regulations to regulate property managers in order to improve the value of our property assets. There must be no conflict of interest because it involves public money, be it house owners or tenants of commercial properties, he says.

By THEAN LEE CHENG The Star

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08 Nov 2012

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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