KUCHING: Last Saturday, Milton Foo received a letter form JKKK Kawasan Pending Height appealing to the dire conditions in the Pending Height flats with 146 units of low-cost flat.
On the even day, Foo who was accompanied by Kapitan Phang Jee Fah who is in charge of the area paid a site visit to the flats concerned.
According to Foo, the subject matters or issues at hand there include the overgrown vegetation, grass & bushes, the waste, garbage or debris scattering around the bin centre, flat’s compound and the car park area, blockage of drain etc resulting the grow of bacteria, insects and mosquitoes; even snakes & scorpions in the bushes causing the flats residents living under appalling conditions.
Foo appreciated Wee’s immediate action of taking up the initiative by calling him to check on the ground by going down to the flats to witness himself the dreadful state of conditions surrounding the flats (as shown in the pictures attached hereto).
Upon inspection at the site of the Pending Height flats, Datuk Wee Hong Seng immediately called up & instructed his officers to bring him all relevant documents and information for him to study & delve deeper into the subject matter and further instructed to arrange a dialogue with the flats residents and subsidiary proprietors the soonest possible.
As early as in 2015, Foo assisted the flat residents & brought up the issues of Pending Height flats to MBKS where a dialogue meeting was held between him and the then deputy mayor and MBKS officers. According to Foo, the Council has no jurisdiction over the maintenance of the flats which is vested in the management corporation of the flats inter alia to control, manage and administer the common property such as corridors, staircases, drain, car park, bin centre etc and to keep them in good repair.
As it is not government flats but under private development, the subsidiary proprietors (ie. the unit owners) must form the management corporation to maintain the building and the common property as required under the said Ordinance.
Foo further pointed out that during the dialogue meeting then, he had also brought Section 27A of the Strata Titles Ordinance 1995 to the attention of the Council which provides that a local council to act as management corporation in the following circumstances:-
(i) that a management corporation has failed or neglected to discharge the duties or functions or
(ii) it is in the interests of the subsidiary proprietors that the building should be managed by a local authority rather than by a management corporation.
As per Section 27A(1)(b) & (c) of the said Ordinance.
Datuk Wee reiterated that MBKS being a city hall responsible for enforcing the law has the very duty to take up and look into this matter seriously and to enforce the law without fear or favour for the best interests of the Kuching South and its city folks. Under the law, if it is necessary for the Council to take control of the management of the Pending Height flats provided that with unanimous consensus of the subsidiary proprietors of the flats, then he will take necessary action to seek direction from the Minister concerned as required under Section 27A, to solve the thorny issue which has subsisted for more than 20 years.