Just late last year, namely on 4 December 2019, the Regional Government of DKI Jakarta enacted DKI Jakarta Governor Regulation No. 133 of 2019 on the Amendment of Governor Regulation Number 132 of 2018 on the Encouragement of Owned Condominium Management (“GR No. 133/2019”)
There are several provisions that have to be highlighted since the regulation changes several substantive provisions of condominium management which can be classified into: the authorities of the developer during the transition period; the verification team; additional requirements; time frame; regional government intervention; and the impact of non-performance obligations.
Authorities of Developer During the Transition Period
GR No. 133/2019 removes the provision regarding the authority of the developer as the temporary manager to appoint a manager during the transition period. Nevertheless, the authority of developer to conclude an agreement with a third party to use or utilize the joint land, joint equipment, and joint facility under Article 14 (2) Governor Regulation No. 132 of 2018 on the Encouragement of Owned Condominium Management (“GR No. 132/2018”) still remains.
Obligations of Developer During the Transition Period
The developer is obliged to discuss the Mandatory Contribution (“IPL”) increases by inviting all of the owners and tenants to the socialization meeting. Furthermore, if the condominium unit is already occupied but the legalization of the title of division, deed of separation, and/or technical description title of division have not been issued yet, the developer still has the obligation to facilitate the establishment of P3SRS.
GR No. 133/2019 adds the establishment of the verification team within the procedure of P3SRS establishment preparation. The verification team consists of three-persons at the minimum which comprises:
- the condominium owner who is domiciled in it, who represents each condominium tower; and/or
- the representative of the neighborhood unit (“RT”) who is also a condominium unit owner that is domiciled in it.
The verification team has the following duties:
- carry out the verification of data and evidence of ownership/occupancy title based on the temporary list of prospective voters published by the developer;
- prepare the list of fixed voters based on the verification result;
- conduct the participant verification of the discussion committee establishment meeting and General Meeting of Members (“RUA”) on P3SRS establishment.
The existence of verification team which comprises with the element of condominium owners, shows the intention of GR No. 133/2019 to protect the interest of the condominium owner regarding the credibility of the voters list and the meeting participant.
GR No. 133/2019 waives the application of a 50% meeting quorum in particular for the discussion committee establishment meeting. This deregulation for the convenience of discussion committee establishment, in order to accelerate the establishment of P3SRS.
Article 26 paragraph (2) of GR No. 133/2019 stipulates the requirements of the discussion committee. The discussion committee shall not be appointed as the manager or supervisor of P3SRS. The manager and supervisor of P3SRS shall not be the incumbent RT and community unit (“RW”) management.
There are several amendments that set off the time frame for each P3SRS establishment procedures. For instance, Article 23 of GR No. 133/2019 requires the developer to update the owner/occupant data no later than 6 months before the publication of the temporary list of prospective voters.
Article 46 of GR No. 133/2019 particularly stipulates the timeframe of the P3SRS chairman and secretary election, including:
- the registration and publication within 14 calendar days;
- additional 7 days calendar if the registration and publication period already expired and there is not any submitted chairman and secretary candidate application;
- administrative verification by the discussion committee within 5 working days;
- the completion of outstanding required document for the candidates at the latest 3 calendar days after the publication or 3 days before the discussion of P3SRS establishment; and
- the candidate stipulation, vision and mission conveyance, and the election carried out during the discussion of P3SRS establishment.
The recordation and legalization of P3SRS deed of establishment, articles of association and by-laws shall be carried out no later than 30 working days after the submission of the required documents.
The time frame provisions for the procedures on P3SRS establishment is sufficient to give the legal certainty for the concerned stakeholders, because the legal consequences of the time frame violation is not specifically regulated.
Regional Government Intervention
If the developer does not facilitate the discussion committee establishment, then the Housing Department and the Settlement Team of Owned Condominium Management at the municipal level will facilitate the establishment of a Working Team that consists of the owner of condominium unit who is domiciled in it.
If the developer fails to hand over the condominium management to the P3SRS within 3 (three) months period since the establishment of P3SRS, then the municipal Mayor will assist the hand over process based on the P3SRS request.
Those two interventions show the urgency of P3SRS establishment which might be delayed by the developer negligence. The intervention of the regional government indicate the possibility of imbalance relationship between the developer and the condominium unit owner.
The Impact of Non-Performance of Obligations
GR No. 133/2019 requires the mayor to establish Condominium Dispute Settlement Team to resolve any condominium management problems. The Condominium Dispute Settlement Team with the Housing and Settlement Department of DKI Jakarta will give notice of a meeting to the developer, the P3SRS manager, the P3SRS supervisor, and/or the appointed manager in order to get a clarification regarding any non-performance of the obligation.
In the event of dispute within the environment of the condominium, P3SRS and/or the manager/developer as the temporary manager is prohibited to conduct any limitation or termination of basic facility.
Hesa Adrian Kaswanda