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.

Thanks for the reply, mine one is after DLP, if mgmt refuse to repair, argue the crack is from my toilet (inside) instead of from wall outside which caused the water sipping then how ?
My mgmt office is very lazy type of worker lar ... 

This is what i can think off:

1) as long as the water is entering into your unit from external facade, then it is considered as external facade defect. If Management Office (MO) argued, ask them show you the proof that the leakage is due to you instead of common property.

2) Alternative, write to JMB/MC/MO, cc to COB, if they still refuse to rectify u may file the case to tribunal to recover all your losses.

Question about making/amending additional by-laws:

I think 757 says that JMB/MC can make/amend additional by-laws by special resolution which needs 21 days' notice. Instead of convening an EGM, let's say an MC decides to propose additional by-laws at the AGM. So instead of 14 days notice, the MC will have to give 21 days' notice, right?

Assuming an owner wants to propose a by-law at that AGM, must he give 21 days' notice? OR can he use Rule 12(2) of the SMMMR  and write in "not less than seven days before the AGM" to propose a motion to adopt the additional by-law he drafted?

I believed your above question is posted at the wrong thread, you should post it at https://forum.lowyat.net/topic/3608743

Anyhow, i try my best to answer you.

1) If JMB/MC want to make new additional by-law, they need use special resolution and obtain majority vote in AGM/EGM.

2) If this is special resolution, u need to provide 21 day notices to all the proprietor. Meaning that, the Notice of AGM/EGM need to send out at least 21 days before the meeting date. Adding to that, the Notice of AGM/EGM must attached with the special resolution to list out all the proposed additional by-law, and this also as part of Agenda in the Notice of AGM/EGM.

3) Please take note that on Motion, Second Schedule, 13(1),
If you read carefully, IN THE AGENDA OF THE NEXT GENERAL MEETING. Means, u submit a motion in this AGM/EGM, will only discuss in the next AGM/EGM.

4) The additional by-law only can make by JMB/MC, not a single proprietor.

TQ

Transfer from https://forum.lowyat.net/index.php?showtopi...post&p=92966891
1) & 2)
yup understand the requirements

3)
hehehe did not pay much attention to that "next" - good one 

Say today I receive notice of this year's AGM to be held on 5 July 2019 ( at least 21 days notice). I take 1 week to draft my proposed by-law & on 20 June 2019, i send a notice under Second Schedule 13(1) asking them to include my proposal in the agenda of the 5 July AGM. Three scenarios:

A) Your interpretation
The jmb/mc says it cannot be done for 5/7/2019 AGM. TQ, but we will include it in 2020's AGM. Can? imho 

B) What I think should happen
The jmb/mc puts up my proposal on the notice boards on 21 June 2019 ie notifies all proprietors of my proposal. Effectively giving other/all proprietors 14 days notice.

Come 5 July, the Chairman of the meeting informs that a notice was received from me. But he explains to the proprietors that it cannot be considered/voted on because the notice was only 14 days and not the 21 days necessary for a special resolution.

C) What i think can happen
The jmb/mc puts up my proposal on the notice boards on 21 June 2019 ie notifies all proprietors of my proposal. Effectively giving other/all proprietors 14 days notice.

Come 5 July, the Chairman allows voting on my additional by-law & the necessary majority of those present vote for it. After the AGM, the house rules are updated with my additional by-law.

The question then is the validity of the new by-law that I proposed via Second Schedule 13(1)  AND as shown above, other proprietors were given only 14 days notice

4) Yes not by a single proprietor. But not by the jmb/mgt committee either. To be anal about it, 70(2) in 757 says the "management corporation" ie the legal entity comprising all proprietors 
.................................................................

Sifus, which scenario is the correct one? A, B or C? If C, my additional by-law valid or not?

okuribito, none of your option will happen.

1) if the meeting to be held on 5/7/2019, 21 days from 5/7/2019 is 13/6/19.
2) if u submit on 20/6/19, which will be considered not a valid special resolution.
3) U is refer to u as JMB/MC or a single proprietor?? Only JMB/MC can make additional by-law, not a single proprietor.
4) u may need to discuss with JMB/MC during one of their regular meeting to table them ur proposed additional by-law, if they accept only to issue as special resolution and need to issue 21 days from the meeting date.

So assuming u are a normal proprietor, u drafted additional by-law, and would like to submit to JMB/MC to be consider in AGM/EGM.
Say meeting on 5/7/19, u submitted on 20/6/19, if i'm JMB/MC, i will say

"you cannot submit your draft additional by-law to be consider as special resolution, reason is u d't have that authority"

  TQ ... u very well versed - u lawyer or have experience as jmb or mc member?

Hi,

I have questions regarding landed strata titles. Hope if anyone can help me clarify.

1) The JMB master policy of fire insurance only covers exterior/common areas only ? Or it includes the owner's property as well ?
If it includes common area as well as private area, wouldn't be the insured amount be higher if compared to buying own fire insurance?

It covers the entire building worth, including individual unit.

Normally, the policy does mention how much the entire building is covered.

The worth of it normally done by independent licensed valuer.
If owner/JMB feel it is under insured, can engage insurance company to do the revaluation, they are happy to do it (as high coverage, higher premium  ).

Thanks for the reply, i was actually a bit skeptical because i thought the JMB fire insurance only covers common area like gym, swimming pool...etc

I have one more doubt, can the JMB insure the fire insurance policy to only cover the common area excluding your property? Not sure if strata high rise and strata landed fire insurance policies can be different in terms of the coverage or it's a standard protocol...

Should you skimp on this? I mean it's not a lot of money. Recently in one of the condos I know. The unit below caught on fire. Unit above tiles popped and they claimed.

FYI, if you read my earlier post i am talking about landed strata titles !
Besides that, i'm not being skimp here. My point is that the adequacy of the JMB insurance coverage and not sure what it covered.

It is prudent to take up additional coverage if the JMB insurance is not adequate and if necessary.

FYI, if you read my earlier post i am talking about landed strata titles !
Besides that, i'm not being skimp here. My point is that the adequacy of the JMB insurance coverage and not sure what it covered.

It is prudent to take up additional coverage if the JMB insurance is not adequate and if necessary.

Chill lah. Go clarify and ask with management then take up your own insurance if necessary. No point trying to find answers here.

Check the insurance policy, they do state what is the coverage, and amount of it.

If JMB's insurance is covering it, buying additional may become redundant and waste of money only.

Previous post about covering entire building is about high rise one.
Personally has no experience deal with landed strata one.

Your loan bank is more worry than you if the house is not covered or not having adequate coverage.

Exactly, yeah it's quite rare to find info about landed strata titles...

Dear Sifu's,

Need help to take down the MC and Property Management Company(MA) at my condo. The MC & MA have been in this place for over a decade and have wisely used the ACT 757 to hold on to power. The MA is in control of who comes into the MC and prevents outsiders to become an MC. MA canvasses for proxy from owners and places their employees as proxy to vote for their agenda and benefit. This condo is located in PD and majority of the owners are not resident. They are only about 50 concerned residents and the balance are either Singaporean or Malaysian owners who come here once in a while. The MA staff is the front end facing owners and have built a good relationship with many of the owners. Thus making it easier to get their proxies. The concerned owners are unable to get access to the parcel owner's list from the Mgmt Office thus its quite a task to build up the opposition camp.

What can I do to overthrow this tyrant? Any feedback will be appreciated and hopefully its a constructive feedback.

Admin, please delete and advice if this post is irrelevant.

Thank you in Advance.

The Act allows a person to be exco for no more than 2 terms, and normal committee member of 3 terms. I believe some being rotates in and out for a year.

And as according to the Act, there are three (3) ways to call for EGM. First is the JMB, secondly via COB and third, gather 1/4 total share units.
Before I conclude you should proceed as according to the Act, may I know what do you meant by "their agenda " and "benefits"? Is there any proof visibly which are against the Act? Please note that SMA is almost perfect, if not perfect for managing a stratified parcel. To get into MC, you need only 2 owners, one to propose, another seconder to your name.