QUOTE(gabby0140 @ Oct 27 2015, 05:24 PM)
we are requesting for EGM, even we manage to gather more than 30% petition request for EGM, but under new Act 757, the 25% is aggregate share unit instead of parcel...meaning we have another 2 phases still under construction and even unsold..how can we include them? what a joke...
can anyone advise or confirm if this is true?
In your SPA, aside from the layout of your parcel unit, the strata plan also lays out the entire plan for your phase.
If you r a committee member, try and lookup the strata plan/title. It should define the specific parameter and coverage of your JMB/MC.
Am pretty certain, the coverage won't extend beyond your current phase.
QUOTE(gabby0140 @ Oct 27 2015, 05:30 PM)
Under the new Act 757, the JMC has full power? they can make any major decision even involve huge spending? it is all depends on the JMC if they want to call for EGM to get consent from owner or not?
the maintenance account is use for daily operational requirements, whereas the sinking fund is used for items that are required for "capital expenditure".
there is no requirement to call for an EGM or include as an agenda in AGM to seek approval from parcel owners before the JMB/MC can dip into either the maintenance or sinking funds.
However, the act is pretty strict and defines the parameters/purposes in which the funds may be used for.
Two relevant provisions are:
(a) sections 23 and 24 for JMB; and
(b) sections 60 and 61 for MC.
23. Joint management body to establish maintenance account
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(1) A joint management body shall open and maintain a maintenance account with a bank or financial institution for the purposes specified in subsection (3).
(2) The maintenance account shall be administered and controlled by the joint management body and shall consist of—
(a) all balances of moneys in the maintenance account transferred by the developer to the joint management body under paragraph 15(1)(a);
(b) all or any part of the Charges imposed by or payable to the joint management body under this Act;
© all moneys derived from the lease, rent or use of any property which may be lawfully charged by the joint management body;
(d) all other moneys and property which may in any manner become payable to or vested in the joint management body in respect of any matter incidental to its functions and powers; and
(e) all other moneys lawfully received by the joint management body, including interest, donation and trust.
(3) The maintenance account referred to in subsection (1) shall be used solely for the purpose of meeting the actual or expected general or regular expenditure necessary in respect of the following matters:
(a) maintaining the common property in good condition on a day-to-day basis;
(b) paying for the expenses incurred in providing cleaning services for the common property, security services and amenities for the occupiers of the building;
© paying any premiums for the insurance effected under this Act or any other insurance approved by a special resolution in a general meeting;
(d) complying with any notice or order given or made by the local authority in respect of periodical inspection of any building in the development area in the manner as specified in the Street, Drainage and Building Act 1974;
(e) minor painting works on the premises of the common property;
(f) carrying out inspection of all electrical wiring systems of the common property and replacing or repairing any faulty wiring systems, if any;
(g) carrying out inspection, maintenance and repair of the main water tanks;
(h) paying rent and rates, if any;
(i) paying any fee incurred for the auditing of the accounts required to be maintained by the joint management body under this Act;
(j) paying all charges reasonably incurred for the administration of the accounts required to be maintained by the joint management body under this Act as may be determined by the Commissioner;
(k) paying the remuneration or fees for the managing agent appointed under Part VI;
(l) paying for the allowances and other expenses of the members of the joint management body and members of the joint management committee according to such rates as may be approved by the Commissioner;
(m) paying any expenses, costs or expenditure in relation to the procurement of services, including the engagement of consultants, legal fees or costs and other fees and costs, properly incurred or accepted by the joint management body in the performance of its functions and the exercise of its power under this Act; or
(n) meeting other expenses of a general or regular nature relating to the maintenance and management of the building or land intended for subdivision into parcels and the common property.
24. Joint management body to establish sinking fund account
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(1) A joint management body shall open and maintain a sinking fund account with a bank or financial institution, into which shall be deposited all balances of moneys in the sinking fund account transferred by the developer to the joint management body under paragraph 15(1)(a), and all contributions to the sinking fund paid by the parcel owners to the joint management body.
(2) The sinking fund account shall be used solely for the purposes of meeting the actual or expected capital expenditure in respect of the following matters:
(a) the painting or repainting of any part of the common property;
(b) the acquisition of any movable property for use in relation to the common property;
© the renewal or replacement of any fixture or fitting comprised in any common property;
(d) the upgrading and refurbishment of the common property; or
(e) any other capital expenditure as the joint management body deems necessary.
This post has been edited by aurora97: Oct 30 2015, 09:03 AM 
Oct 29 2015, 10:41 AM
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