When it comes to managing common areas in residential or commercial buildings, two terms that often come up are Joint Management Body (JMB) and Joint Management Committee (JMC). While they may seem similar, there are distinct differences between the two entities in terms of their roles, responsibilities, and legal standing. Let's delve into the key differences between JMB and JMC.

1. Legal Standing:

JMB:

• A JMB is a legal entity registered under the Strata Titles Act 1985.
• It has a separate legal identity from the individual unit owners.
• JMB can sue and be sued in its own name.

JMC:

• A JMC is not a legal entity.
• It is merely a committee formed by the JMB or the developer to assist in the management of the common areas.
• JMC does not have the power to sue or be sued.

2. Composition and Appointment:

JMB:

• Comprises elected representatives from among the unit owners.
• The number of members varies depending on the size of the development.
• Members are elected for a specific term, typically one to three years.

JMC:

• Appointed by the JMB or the developer.
• May include members who are not unit owners, such as professionals or experts in relevant fields.
• Members serve at the pleasure of the JMB or the developer.

3. Roles and Responsibilities:

JMB:

• Has the overall responsibility for the management and maintenance of the common areas.
• Approves the budget and levies for the maintenance and repair of the common areas.
• Ensures compliance with the Strata Titles Act and other relevant laws.
• Oversees the JMC and ensures its proper functioning.

JMC:

• Assists the JMB in the day-to-day management of the common areas.
• Carries out the decisions made by the JMB.
• Handles administrative tasks such as collecting maintenance fees, issuing notices, and maintaining records.
• Reports to the JMB on a regular basis.

4. Accountability:

JMB:

• Accountable to the unit owners for its decisions and actions.
• Must hold regular meetings and keep proper records of its proceedings.
• Can be dissolved by a vote of the unit owners.

JMC:

• Accountable to the JMB for its actions and decisions.
• Does not have a direct accountability to the unit owners.
• Can be dissolved by the JMB at any time.

5. Conclusion:

The JMB and JMC play distinct roles in the management of common areas in residential or commercial buildings. While the JMB holds the legal authority and overall responsibility, the JMC provides support and assistance in carrying out the day-to-day management tasks. Understanding the differences between these two entities is crucial for unit owners and developers alike to ensure effective and efficient management of their common areas.

Frequently Asked Questions (FAQs):

1. Can JMB and JMC exist simultaneously?
Yes, JMB and JMC can coexist, with the JMB acting as the governing body and the JMC assisting in the implementation of its decisions.

2. Who can be elected as a JMB member?
Only unit owners can be elected as JMB members.

3. How long does a JMB member serve?
The term of office for JMB members varies depending on the rules of the development, but typically ranges from one to three years.

4. What happens if a JMB member resigns or is removed?
In case of a resignation or removal of a JMB member, a by-election is held to fill the vacant position.

5. Can JMC make decisions independently of JMB?
No, the JMC cannot make decisions independently of the JMB. It is responsible for implementing the decisions made by the JMB.