Special Resolution?

Resolution.

Resolution is an important document that govern a corporation/company activities, what the corporation can or cannot do or suppose to do in specific condition.

May i know if my Accessories Parcel show Tiada.

Does it mean i dont have any car park? but my unit come with 1 car park and 1 addition purchased

Before enforcement of SMA 2013 yr 2016 or after?

If after, then if ur strata title does not come with any accessories parcel but u have 2 car park bays, then something is wrong somewhere.
U better go and check properly.

what is the "payment term" for maintenance charge mentioned in SMA?

Section 12(5) of SMA 2013, The purchaser shall, within fourteen days of receiving a notice from the developer, pay the Charges, and contribution to the sinking fund, to the developer and if any sum remains unpaid by the purchaser in respect of his parcel at the expiry of the period of fourteen days, the developer may recover the sum in the manner set out in Section 34.

Section 12(6) of SMA 2013, if any sum remains unpaid by the purchaser in respect of his parcel at the expiry of the period of fourteen days specified in subsection (5), the purchaser shall pay interest at the rate of ten per cent per annum on a daily basis.

Section 34(1), developer / JMB served notice demanding payment to purchaser.

Section 34(2), if remain unpaid, developer / JMB file a summons or claim in a court of competent jurisdiction or Tribunal to recover the sum or recover under Section 35.

Section 34(3), if failed to comply with the notice, be liable to a fine not exceeding RM5,000.00 or imprisonment not exceeding 3 years or both

This post has been edited by ulala2: Mar 14 2019, 12:21 PM

[I]The purchaser shall, within fourteen days of receiving a notice from the developer, pay the Charges, and contribution to the sinking fund, to the developer and if any sum remains unpaid by the purchaser in respect of his parcel at the expiry of the period of fourteen days, the developer may recover the sum in the manner set out in Section 34.[I/]

What is this "notice" mean?

Do you mean the payment term for bill of maintenance charge is 14 days? eg. bill of maintenance charge dated 1 Mar, if remain unpaid on 15 Mar, then can charge interest?

This post has been edited by ray_mond_toh: Mar 14 2019, 12:27 PM

Invoice / documents to ask your payment on services charges

some interpret the "notice" is the "late payment demand notice or reminder notice"...not the invoice

As refer to your Quote, u are referring to 1st para. (Section 12(5))
The notice in 1st para is the invoice / document request u to pay service charge

As for other section, that notice can be a notice to demand, notice to court and so on depending on which section u refer to

This post has been edited by ulala2: Mar 15 2019, 12:31 PM

Hey all, just receive this notice from my management after a week away from Malaysia.

It says to have the pipe painted in the color of the exterior walls as well as having the pipe of the aircond to be moved to the nearest floor trap or discharge pipe. My only concern is the former; while the latter was taken care of during my renovation

They referenced this based on Strata Management Regulation 2015, under Part 7(29-4) which I don’t see.



This post has been edited by syrus.plaine: Apr 10 2019, 06:06 AM

I also cannot find the part as mentioned in the notice.
suggest u to write in to MO/JMB to ask them clarify where the get those clauses?

Please look for Strata Management (Maintenance and Management) Regulations 2015, 3rd schedule, part 7, subparagraph 29(4)

Hey Ray. Thanks for your input. Would you be kind enough to screenshot it? I still dont see it

Just take a look on this Regulation, 3rd Schedule, Part 7, subparagraph 29(4):

"All renovation works in a parcel shall be confined to the boundaries of the parcel and no works shall be carried out on any part of the common property"

Based on this clause, if only talk about carry out renovation within your parcel. it does not stated that:

1) Air-con exposed pipe to be laid in the suitable conduit / duct

2) To be painted according to the colour of the exterior building

3) All water outlet ....


Unless is clearly stated in the building renovation guideline, or else they using this clause to instruct you to carry out the works as listed item 1,2, 3... is not good enough.

well, this paragraph is good enough unless your aircond unit install inside your parcel. Most high rise building's parcel does not include the area for air conditioner. Any wall outside consider belongs to common property. Thus, management got every right to determine the rules for anything under common property.

Check the strata title plan of yours, whether it includes or exclude the area for air cond installation.

Normally new high rise development will provides air-con ledge as accessories parcel to ur main parcel, if this is installed in ur accessories, not sure why they make noise. unless your unit is without any accessories of air-con ledge.

The "rules" are actually called the BY-LAWS. 3rd Schedule of the Strata Management (Maintenance & management) Regulations 2015 are the BY-LAWS that apply to all strata properties. The "rules" in the BY-LAWS bind all parties related to a strata property - developer, owner, even lessees (eg tenants)

You don't have to "adopt" the BY-LAWS - you are automatically bound by it by law.

The management corporation (ie the legal entity comprising all owners) can make "additional by-laws" by SPECIAL RESOLUTION as long as they are not inconsistent with those in the 3rd Schedule. If they are inconsistent, then the 3rd Schedule takes priority.

A resolution is a motion/proposal presented to owners in a general meeting. It must achieve a certain level of votes for it to be passed & adopted.

In a company that important document is the memorandum of association. For a management corporation, it is called the constitution

hth

Sifu-sifu sekalian ... my apartment (toilet area) external wall got water sipping into my house every time when heavy rain, is it under common area or my own area ?

Wish to repair because the wall at my room got water mark already, shall I ask my contractor to repair it instead of maintenance from mgmt office ?

Thank you.

If still within DLP period, should get developer to repair.
If DLP expired, then write to JMB/MC/Management Office and get them repair.

P/S: Building External facade is common property.