hallo. new house rule must pass special resolution at a general meeting of your MC. yours is JMB or MC? strata title out already? I interpret it as the council members need to call a general meeting with special resolution and a quorum must be formed after which voting is carried out. (edited)


http://jmbinsurance.com.my/main/3173/index...and-responsible

"Can Management Council Make House Rules?
Posted on 17 February 2013
Q. The Management Council claimed that there is a "House Rule” that no owner shall install the "Astro’s satellite dish” at the balcony, but I am not aware of any. So, am I bound to House Rules, even how unreasonable it is?
A. "House Rules”, are treated as by-laws under Strata Titles Act.
With the power vested by S 44(2), the Management Corporation (not Management Council) may enact or amend the House Rules, from time to time.
(2) The management corporation may by special resolution make additional by-laws, or make amendments to such additional by-laws, not inconsistent with the by-laws set out in the Third Schedule, for regulating the control, management, administration, use and enjoyment of the subdivided building or land.
However, the House Rules, or any by-laws proposed, shall not contravene with the provisions in Third Schedule of the Act.
The House Rules, or any by-laws, shall be made by the way of special resolution in general meeting of management corporation. S 4 defines what is "special resolution”.
"Special Resolution” means a resolution which is passed at a duly convened general meeting of a management corporation of which at least fourteen days’ notice specifying the proposed resolution has been given by the management corporation or by proprietors who together are entitled to not less than one-quarter of the aggregate share units and who together constitute not less than one-quarter of the membership of the management corporation.
In short, the House Rules needs to be passed in a general meeting of Management Corporation, and the meeting is convened with 14 days notice, and at least 25% of those entitled to vote voted in favor of the House Rules and form the simple majority.
For the purpose of illustration,
(a) If the Management Corporation has 100 members, 51 of them attended the meeting (constitute the quorum), and 26 voted in favor for the House Rules and 25 voted against. House Rules now become the by-laws.
(b) If there was no quorum met at the first meeting, and it was adjourned and only 40 attended (constitute the quorum, para 11(2) Second Schedule), and 24 voted in favor for the House Rules and 16 against, the House Rules is not passed. There is no special resolution as it requires at least 25% of those entitled to vote vote in favor."

This post has been edited by corleone74: Nov 10 2014, 11:40 PM

However, IF the developer has not yet delivered strata title of the property to purchasers, then the body corporate to be formed and to manage the development is the JMB.

JMB are subject to the building and common property act

http://www.hba.org.my/laws/building/bcpAct2007.htm#4. Establishment of a Joint Management Body

The JMB consist of the developer and all the purchasers of units in said property. One of the JMB's powers as outlined in act 663 is to make house rules.

Upon formation of the JMB at the first meeting, members elect the council members which form the JMC.

"11. Joint Management Committee
(1) The Body shall elect a Joint Management Committee who subject to any restriction imposed or direction given by the Body at a general meeting, may perform the Body’s duties and conduct the Body’s business on its behalf, and may for that purpose exercise any of the Body’s powers."

The JMC has powers given to them by the JMB to perform duties of the JMB on their behalf.
"
(2) The Body –
(a) shall convene an extraordinary general meeting upon a requisition in writing made by the purchasers who are together entitled to at least one-quarter of the total number of parcels registered under section 12; "

thus, i interpret the above as owners who form a quarter of the body's members may requisition the council to convene an EOGM and re-ammend any newly made house rules.

This post has been edited by corleone74: Nov 11 2014, 12:33 AM

JMB is the whole body consisting of owners+ developer. They empower and elect the JMC *council". The JMC with power conferred by JMB has the power to make new house rule (act 663 clause 8(2)(f)). However, owners may form a quorum of 25% to force an EOGM to repeal or remove the new ruling.

This only apply for JMB where strata title not issued .

Once strata title issued, the Management corporation (MC) is formed. ONce MC is formed JMB is disbanded.

For MC, there must be a call for special resolution at a GM in order to make new house rules.

So the question to ecclim is - MC or JMB?