Change of Ownership, Outstanding Security & Maintenance Fees, and Access Control
Taman Putra Prima 8A (TPP8A)
(Majlis-Approved Gated & Guarded Community Scheme)
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1. Why do disputes often arise after a change of property ownership?
Disputes typically arise when a previous owner ceases payment of security or maintenance fees prior to selling the property, and the new purchaser completes the transaction without verifying the unit’s status with the Residents’ Association (RA).
When the new owner subsequently applies for access cards or automated barrier access, outstanding charges attached to the unit may be discovered, leading to misunderstanding.
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2. Why are security and maintenance charges tied to the property (unit) and not the individual?
Security and maintenance services are unit-based services, continuously provided to the same property regardless of ownership or occupancy.
These include guarding services, access control systems, CCTV, perimeter security, and internal infrastructure. Where charges remain unpaid, services have already been rendered to the unit. Accordingly, outstanding charges are attached to the unit, not the person.
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3. Why does the Residents’ Association not pursue the previous owner?
The Residents’ Association is not a party to any private Sale and Purchase Agreement (SPA) or tenancy agreement.
Once a property has been sold and the previous owner has vacated the Scheme, the RA has no contractual relationship with that party and no authority to enforce private agreements. Recovery of such matters is strictly between buyer and seller.
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4. Is this unfair to the new owner?
The RA acknowledges the concern. However, due diligence in property transactions rests with the buyer and seller, not the community.
To ensure transparency, a clear notice has long been displayed at the Scheme entrance, advising all prospective purchasers and tenants to verify the unit’s security and maintenance status with the RA prior to making any commitment.
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5. Does the RA force new owners to pay the previous owner’s debt?
No.
The RA does not compel payment to any party. How outstanding charges are addressed is a private contractual matter to be resolved between buyer and seller, typically within the SPA.
The RA’s role is limited to administering security services and enforcing approved SOPs consistently for the benefit of the community.
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6. Why is access card or automated barrier access sometimes restricted?
Restricted or manual access is a security management measure, not a penalty.
Where administrative or registration issues remain unresolved, access may be routed through guard-assisted lanes with identity verification. Access is not denied, and ownership rights are not affected.
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7. Is this practice lawful?
Yes.
Malaysian courts have affirmed that Residents’ Associations may impose reasonable access conditions on non-paying members within gated and guarded communities. Such practices are lawful, common nationwide, and necessary for fairness and security.
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8. Why can’t the RA simply write off outstanding charges?
Writing off outstanding charges upon every ownership change would unfairly burden paying residents and undermine the financial sustainability of the Scheme.
The RA has a fiduciary duty to act in the collective interest of all residents, not to absorb losses arising from private transactions.
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9. How can purchasers avoid this issue?
Prospective purchasers are strongly advised to:
1. Contact the RA before signing any agreement
2. Verify the unit’s security and maintenance status
3. Address any outstanding matters in the SPA
4. Complete access registration upon completion
This prevents almost all disputes.
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10. What is the RA’s guiding principle?
The RA operates on transparency, consistency, legality, and fairness to all residents, while ensuring the long-term sustainability of the Gated & Guarded Community Scheme.
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Persatuan Penduduk Jalan Putra Prima 2 (8A)
Management Committee
Taman Putra Prima 8A Puchong 