Can you check if for tribunal claims, who is the chairperson/Department?
Do you think it will still under COB or MOH or Special Department will be formed for tribunal cases?

Tqvm

Under the Strata Title Act, how soon the minutes of AGM should be submitted to COB after the AGM is conducted? When should the minutes be delivered to all owners?

My condo JMB has not given the owners a copy of minutes of the last AGM which was conducted in Jan this year.

All your answers….
Section 7(9) The management committee shall within twenty-eight days of a general meeting extend copies of the minutes of the meeting to all proprietors or display the minutes of the meeting on the notice board of the management corporation.

Meanwhile, if they still refuse to circulate minutes, file a complaint with CoB. If still no action forthcoming, you may want to file an action with tribunal.

aurora97, I must thank you you again for the advises. It’s work fine with us. We are now under a very painful transition exercise, various problems arise. Because we are transforming from Nothing (in black & white) to everything (in black & white).

Just to update:
1)our MA was tender his resignation verbally early of this month by giving reason: in order to maintain good relationship with JMB in future(But yet to receive his Resignation letter)
2)We already given termination notice to the maintenance guy until end of July. However, he is making big fuss now.
3)We are in the midst to prepare house rules, SOP, contracts and any other necessary documents
4)An EGM will be called by JMB in order to revise maintenance fee and announcing of property upgrading program.

Questions:
1)“Maintenance fee will be based on "Share Unit' instead of square feet of the unit itself.” - is it this only refer to those property which already get their strata titles?
2)Refer to Act 757, Chapter 4, section 56(4): JMB has the right to determine the maintenance fee at AGM/EGM - is it any limitation? or we can propose any amount as long as Resident voted agree?
3)For sinking fund, is it necessary to open a separate banking account from maintenance fee account?
4)Should we sent over every minutes meeting to COB for filling? Or only EGM’s minutes of meeting?
5)Can you advise for procedure calling of EGM?
6)Is it necessary to invite COB attend to our EGM?
7)For recovery, SMA is superceded Act 663, but COB still advise us to follow section 34, Building and common property act and COB will issue notice to unit owner to pay (s33,BCPA). Is it workable?
8)Referring to your recovery step no.2, only notice+14 days then we can take action against the stubborn owner. However, may I know what will happened after we file the recovery claim with tribunal? Is it tribunal will issue the owner a notice to remit payment immediately or a notice to attend tribunal hearing? I can’t search the location of tribunal, is it set up already?
9)For strata titles, we found out developer has been submitted application in 2012. Can you advise step-by-step on how to push developer to expedite? For your info, our developer is notorious in property.

Thank you.

My colleague complained that her condo management recently changed the house rules without consulting owners. Now pet is allowed in her condo. Can the JMB/MC simply change the pet rule?

Just to update:
1)our MA was tender his resignation verbally early of this month by giving reason: in order to maintain good relationship with JMB in future(But yet to receive his Resignation letter)



Do a reverse confirmation, example as follows:-

***

Dear Mr X,

I refer to the above subject matter and to our discussion on xx/yy/zz between yourself, Mr Y, Ms Q and Mr A in Club Aman.

We write to you to confirm the discussion that transpired on xx/yy/zz, you have indicated that you would want to resign from your position in the condominium as “MA” because you would want to maintain good relationship with JMB in the future.

We therefore take it that you have resigned on xx/yy/zz and that you will hand-in a resignation letter as a mere formality and for our record purposes.

Meanwhile, we would appreciate that you hand-over any documents, property, keys, equipment and such other things that belong to the JMB/MC.

We thank you for the services that you have rendered to the condominium.

***

Send one copy to Mr X and publish it on noticeboard as an appendix to a memorandum that states Mr X has resigned.

This is important so that Mr X does not interfere with the affairs of the condominium.




2)We already given termination notice to the maintenance guy until end of July. However, he is making big fuss now.

such as? Does he have an employment/service provider contract in the first place?

3)We are in the midst to prepare house rules, SOP, contracts and any other necessary documents

these are the foundation of making a better home.

Section 32 (JMB) and 70 (MC) are the relevant sections that deals with house rules. You need to get it endorsed by a special resolution



4)An EGM will be called by JMB in order to revise maintenance fee and announcing of property upgrading program.

Questions:
1)“Maintenance fee will be based on "Share Unit' instead of square feet of the unit itself.” - is it this only refer to those property which already get their strata titles?

need to do further research, good question though.

2)Refer to Act 757, Chapter 4, section 56(4): JMB has the right to determine the maintenance fee at AGM/EGM - is it any limitation? or we can propose any amount as long as Resident voted agree?
I think you crossed refer to the wrong section. Btw currently your JMB or MC?

I will presume you are an MC.

I believe the section you should be referring to is section 60(3) and (4). You cannot just simply raise the maintenance fees. Your maintenance should be used for the purposes stated in section 50(3).. This will require yourselves to tabulate your total cost incurred. The income that you receive should be sufficient to cover the cost incurred in section 50(3) and contribution to sinking fund.

- you can do this via a general meeting.
- before you raise price, you will need to provide a justification to the community. Profit and loss, month accounts and projections as to whether monies are sufficient to maintain the condo.



3)For sinking fund, is it necessary to open a separate banking account from maintenance fee account?
yes, must be separate (section 24(JMB)/61(MC)

4)Should we sent over every minutes meeting to COB for filling? Or only EGM’s minutes of meeting?


Tried looking for EGM, apparently you don’t need to. Only minutes of AGM is required to be filed with COB.
• (8) The management committee shall, within twenty-eight days of a general meeting, file with the Commissioner certified true copies of—
o (a) the audited accounts of the management corporation together with the auditor's report which has been presented to the general meeting;
o (b) the resolutions passed at the general meeting; and
o © the minutes of the general meeting.


5)Can you advise for procedure calling of EGM?

Item 11 of Schedule2, all there. I will just copy and paste.

6)Is it necessary to invite COB attend to our EGM?
no harm inviting them, more the merrier. Invite police and bomba as well, building the right cable will help in the long run.

7)For recovery, SMA is superceded Act 663, but COB still advise us to follow section 34, Building and common property act and COB will issue notice to unit owner to pay (s33,BCPA). Is it workable?

I don’t know to be honest. I suspect the tribunal is not in place yet. Hence, they asked you to refer to the old ways.

8)Referring to your recovery step no.2, only notice+14 days then we can take action against the stubborn owner. However, may I know what will happened after we file the recovery claim with tribunal? Is it tribunal will issue the owner a notice to remit payment immediately or a notice to attend tribunal hearing? I can’t search the location of tribunal, is it set up already?

answer in item 7 above.

9)For strata titles, we found out developer has been submitted application in 2012. Can you advise step-by-step on how to push developer to expedite? For your info, our developer is notorious in property.

Although the seminar I attended I felt was completely useless, it seems you have asked a question that is touched on during seminar.

Strata Titles (Amendment) Act 2013
- under the new regime, it is COMPULSORY for the developer to submit application for sub-division (i.e. issuance of strata title) during the super structure stage (as far as I know this is very early stages of construction). The intention is so that the strata title will be delivered together with VP, this eliminates rubbish like having Deed of Assignment and subsequently Memorandum of Transfer. [see section 8(2)/(3)]

Hey aurora97, so how does it concern me?

There is a transitional clause in which developers are forced to regularize their sub-division application. Example i.e. when building completed and 3 months after the commencement of the act. (see section 8(2) and 8A(1)).

I believe the circumstances that apply to your building is as follows: “ © when any parcels are sold and building is completed BEFORE the commencement of this Act, the period is 3 months from the date of commencement of this Act”.

Suggested:
1. Write to developer ask for status (give them 14 days to respond) [CC: Pentabir Tanah KL/PJ/Selangor etc…. )
2. no response send 1st/2nd and final reminder.
3. file eAduan with Pentadbir Tanah.

This post has been edited by aurora97: Jul 30 2015, 04:32 PM

Answer is no, additions/amendments can only be passed by special resolution.

For JMB refer to section 32.
For MC refer to section 71.

For question no.8, I've found the answer in Strata Management (Strata Management Tribunal) Regulations 2015. However, still not sure about location of tribunal.
Some more, we need to pay RM100 for the form 1, which I think is a burden to JMB. is it got better recovery procedure with lesser cost?

One more thing I need to check, is Act 757 Strata Management is the same with Strata Management (Maintenance and Management) Regulations 2015?

Thank you in advance

For tribunal, the procedures are on paper there but the actual institution and people have not been put in place. You can enquire further with COB.

It's considered very cheap to resolve a very tedious issue i.e. unpaid maintenance fees.

Your total cost is RM 100. whereas the defaulter can face possible fine and imprisonment.

Pretty good deal.

The rest such as going to court (costly) or seizing the property of the defaulter for auction to recover maintenance is a bad idea (you get the procedure wrong, your JMB might end up in court. Also resident may perceive JMB as being heartless).

I haven't look into Strata Management (Maintenance and Management) Regulations 2015 but I believe it's an extension of Act757 to fill it the gaps. example form 1 cost RM 100 and form 2 cost RM 50 etc...

This post has been edited by aurora97: Jul 30 2015, 06:45 PM

Would like to inquire for sinking fund usage do the committee require AGM or EGM approval to use the funds can't find it in th act. It says to be used for certain items only.

Thanks

I would agree with you. I do not see any provision that requires the committee to go to AGM or EGM for approval before they can use the monies.

So long as the monies are used within the defined parameters of the act, it is considered as good.

Nevertheless, it would be a best practice that the committee should present the matter before AGM/EGM before utilizing the sinking funds.

Let me share my view on Share Units Calculation. If a building consists of multiple usage i.e Shop, Office or Residential, share unit calculation is crucial.
Before issuance of Strata title for mixed development, Survey Dept will check the share unit before approve it.

The calculations are based on factor as follows:-

Shop - 5
Office - 4
Residential - 1

Basically the share unit for commercial units will be higher than residential units.

Therefore, commercial units should pay higher maintenance charges compared with residential units. In market, many JMB/MC collect slightly higher maintenance charges than residential units based on psf.

The act doesn't state it must have AGM/EGM before can use the sinking fund.
Just when need to touch on sinking fund, it is normal or generally practice to convene an EGM to seek approval from proprietor owners, which may eliminate any dispute afterwards.

eg.
To repaint the whole building normally cost a lot of money and need to use the sinking fund, so you convene an EGM to get a nod first before proceed, rather than the MC proceed at their wish simply.

But for the like fixing urgent items like replacing the lift car which needs large amount of money that need to draw down from sinking fund, common sense tell us, you don't wait to get approval from EGM before fixing it by using the sinking fund.

Hi all, just has my first meeting as a comittee now, i miss the first one last month. some info about our apartment currently the management agent has been there for last 4-5 yrs. i am having a situation that seem like our new chairman, secretary and the management agent trying to collude to milk the fund.

1st previous certain mc member currently been investigated by sprm(info from chairman n MA)
2nd but currently MA say/claim knowledge that they are aware of that but not involved (i believe there also collude previously)
3rd the current chairman and secretary, was previously suspended due to fraud/extortion (there are just commitee previously). egm was held to dispelled them, ended with suspension only last year.
4th when the egm held previously, it seems like tha MA ia agreeable that the 2 are doing wrong/trying to convict.
5th, but now the table seem to turn around that MA and the two is very good and kamcheng, come to agreement that previous MC did alot of wrongdoing instead and they are clean.
6th current MA not very keen to furnish all infomation that we need. such as contract agreements, MOM for past years, account informations, expenditure breakdowns.
7th i got into heated argument with MA that implying new MC is accusing them, when we requested them to furnish documents we needed.
8th chairman and secretary is defending the MA. (seems like foe turn friends)
9th parking issue, they blame the previous MC on current woes.
10th trying to propose to spend money as much as possible. while the funds are depleting.
11th all staff like caacount lerks, technicians are all under their payroll. might sabotage the accounting as well later on.

i m trying to obtain all document such as contract agreement for MA, Securities, Cleaning Services, upgrading work,etc but MA decided not to relay the document to us. now the chairman and secretary warn us that we got no right to obtain the document and only should review when we started to elected, is there such rule? what are the avenue that we can do in such situation. currently only the treasurer are siding with us where she will not sign off all upgrading payment work in the future.

what do you all think?

All can a resident request documents like contracts and MOM for meeting to be review? or this information are PNC. many thanks

To be fair, MA has not obligation to answer to everyone, they answer to the MC appointed them.
As what if everyone also want to view the document, then it would be troublesome.
It is better one off being revealed during EGM, although it may or may not pnc.

MA should be listening to what MC want them to do, not everyone.

The one ultimate or important to do is to convene an EGM and reshuffle the MC, and elected yourself into it, and form a new team of MC, by then you have all the right to assess and review all the contracts made.

There is no point trying to find fault in the contracts or whatever at the moment.
Also no point to 'fight" with MA in term of seeking those document as well, instead it is best interest try to "be friend" with them to get the transition of management more smoothly.

cherroy,

understand and now i m one of the MC, the problem MA is not cooperating with us under the instruction of Chairman and secretary. so they dont want to furnish us past and current contracts. we want to audit and check some of the expenditure. some work done is not completed but large sum already paid out.

current MA contracts already lapse, running month to monthly basis. and as i said previous egm this chairman and secretary has been suspended before. they nominated themselve into MC and no one nomination for others. we are selected from the floor during agm to fill the quota of mc - 7 person. now new MC members are requesting for the documents, but they are not allowing us to review.

best part some times this 3 parties speak in their native language during meeting, so we dont understand. i believe he is teaching the ma how to taichi our questions.

MA can be sacked if not obeying MC instruction.

One thing must be clear, are the new MC is appointed properly in the EGM?
Because I see from the statement of the bolded part has some contradiction.

The importance is how the new MC being elected and whether it is done in proper way and recognised by the COB.
Every meeting minutes must be recorded properly and send to COB.

Sorry for confussion, they were previously elected to MC in previous AGM 201x, then middle of tenure and EGM is held to suspend them. the latest AGM 06/2015, they nominated themselved in MC, while another 5 were elected from the floor to filled in the 7 people MC. i believe it is submitted to COB for the mom.

Introduction

As I have always emphasize, as a committee member you need to look beyond the noise. You are not only serving the community on a volunteer basis but also you are defending your home. So each step you take must be calculated as it will become precedent for future committee.

Disclaimer

As you may or may not know, I am a former committee member. Am sharing my experience and advice in this forum, this is to enable me to solicit feedback and exchange ideas to continuously improve my train of though. Also, as an existing and future owner of a condominium, I would want to know my rights so that I can defend my home.

I would want to fore-warn that my experience and advice at times may be erroneous and untested, as I myself am a layperson attempting to interpret Act 757.

Should you make reference to any of the advice obtained herein, you (and your committee members) are reminded to read up on Act 757 and also to cross-check/refer all relevant information produced herein.

My views are provided in good faith and not intended for hostile takeover of a management committee.

Allegations and Assumptions

From the transcript you have produced, I have noted there are various allegations and assumptions levied against your chairman, secretary and managing agent. I urge caution, any criminal activity that is in an investigating phase and did not result in a subsequent “conviction” of that person does not mean the person is guilt of the crime.

Facts

We work based on facts and the parameters of Act 757. Anything beyond those parameters are deemed as “noise” or “distraction”. To get the facts, your committee will need to carry out a due diligence exercise to determine the health of your condominium.

3 Strikes

My style of work revolve around the 3 strike principle. You must first afford an opportunity to the offending person to rectify before you escalate to more drastic actions. This will give you sufficient justification to escalate the matter and not be viewed as acting “arbitrarily” or be involved in a “power tussle”.

Phases

Phase 1: authority

In this phase, your team should collate all relevant documents including contract with service providers and accounts.

> Roles

I think everyone needs to know their roles. A Chairman is no different from an ordinary committee member, same goes for Secretary and Treasurer except that they have an add on role. If he say that certain documents are PNC, request that he quote his source. If his adamant put it through a vote.

> Management Meeting

During the Management Meeting, raised this as an agenda (am assuming only the Chairman and Secretary are rowdy people) and request that the secretary include it in the minutes of meeting.

Note that any issues raised only requires a simple majority to be adopted. (section 5 of Schedule 2 SMA).

If the Secretary refuse to note it in the minutes, request that he/she state reason and note the same in the minutes.

Thereafter, pursuant to section 3(1)(f) of Schedule 2, raise an agenda that the Secretary has fail to perform his/her duty and vote that he/she vacate his/her position. This should be noted down.

Once the existing Secretary has been removed (and request to leave), raise an agenda to appoint an interim Secretary.

Do note that I wouldn’t motion for the removal of the Chairman yet, if you have majority votes, the Chairman is effectively a lame duck. If there is any wrong doing, it is better for a person to stay in office rather than being given the easy way out. Nevertheless, in worst case scenario, you may choose to vote out your Chairman as well but bear in mind it should be with a basis.

Secretary on the other hand is a very important position, all minutes recorded are prima facie evidence and can be tendered in court as evidence. (section 7(5) of Schedule 2 SMA)

Lastly, the minutes must be published in notice board (section 7(2) of Schedule 2 SMA)

Phase 2: collect

> New Managing Agent

Looking at how difficult your Managing Agent, I suggest that you immediate commence your search for a prospective managing agent. Have at least 3 quotes. This action should be documented in minutes as well. You must complete your selection of the Managing Agent within 1 months and your treasurer should do a projection, whether current income can sustain the appointment of the incoming managing agent.

> Request Managing Agent to produce Documents.

Write a formal letter attach with minutes to the Managing Agent (publish the same on notice board), requesting the Managing Agent to produce all documents within 14 days.

If he does not meet the timeline, issue another letter and give him another 14 days.

In your final letter, give him an ultimatum of another 14 days to produce.

All progress should be minuted.

If he fails to produce by final reminder, during the Management Meeting, raise an agenda to terminate the Managing Agent and to appoint a New Managing Agent.

N.B: If there is no agreement signed between the Managing Agent and the Condo, then use the basis that the Managing Agent’s failure to produce document in time to terminate their services.

Phase 3: Audit

> all documents collected should be reviewed according and you should allocate to the relevant people with expertise.

> in circumstances where there is financial irregularity, normally the accounts clerk, auditor and accountant will in on it. Raise an agenda to sack the existing auditor/accountant. Request that the new auditors and accountants carry out an ad-hoc check on the books.

> during this exercise you should also take the opportunity to review your contracts with service providers, where there is no contract with the respective service providers, request that the prepare one or raise and agenda to have them terminated.

Phase 4: collate

> during this phase you should have completed your audit and you have a rough idea as to the health of your condominium.

> collate all your documents and information.

> minute the outcome and any irregularities and wrong doings.

> if it is found that there is any irregularities and wrong doings found by any committee member or service provider current in your employment, issue show cause letter.

> if it is found a former committee member or service provider has commit wrong doings or irregularities, lodge police report.

Phase 5: AGM

Rather than call an EGM, waste of time, money and higher threshold.

Produce all your findings and supporting documents during the AGM.

Tender such other agendas as may be necessary.

Additional notations:-

Replacement of Chairman or Secretary (whichever applicable)

If a person is vacated from office because of the reasons stated in section 3(1) of Schedule 2, you may appoint another proprietor to be member until the next annual general meeting (section 3(5) of Schedule 2)