Under the Law No. 20 Year 2011 (“Condomonium Law”), the management of condomonium includes operational, maintenance and treatment of joint equipment, joint facility, and joint land.
The maintenance activity is defined as an activity to maintain the reliability of the buildings including the infrastructure of the buildings so that it can work properly. Meanwhile, repair activity means an activity to repair and/or replace the parts of the buildings, its components, materials of the building, and/or its infrastructure so that the building is always functionally feasible.
The management of condomonium must be carried out by a legal entity, except for the the public condomonium, special condomonium, and state-owned condomonium. Manager of the commercial condomonium must be a legal entity that has obtained a permit from regent or mayor or by the Governor, for the Special Capital Region of Jakarta. Managers may cooperate with natural persons and legal entities to execute their obligations.
In implementing the management of the condomonium, the manager is entitled to receive a certain amount charged to the owners and the tenants proportionally. Proportionally means that the operational and maintenance expenses are borne by the tenants, meanwhile repair expenses are borne by the owners.
The management expenses which are entitled to be received by the manager are calculated based on the actual need for operational, maintenance, and repair of the condomonium. The procedure to calculate the management expenses is regulated under the ministerial regulation having authorities on buildings.
The developers who construct and develop the public and commercial condomonium during transition period or since the first handover to the owner prior to the formation of Owners and Tenants of Condominium Unit Association (PPPSRS) must manage the condomonium.
The transition period is 1 year since the first delivery of the condominium unit to its owner. Under the Constitutional Court’s decision, the transition period cannot be depended to whether or not the all the condomonium units have been sold. The amount of management expenses during transition period is borne by the developers and the owners of each condomonium based on the Proportional Comparison Value (NPP) of each condomonium unit.
Anesha Gita Ardelia