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 Strata act 757

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TScherroy
post May 13 2016, 12:01 PM

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QUOTE(gabby0140 @ May 13 2016, 10:58 AM)
the requirement to call for EGM is 25% and we got 32% together with other phases but being rejected, reason being is we need to include another 2 blocks which are still under construction. we brought the case to KPKT, and the judgement is JMC needs to call for EGM but they appeal to high court, now awaiting hearing..
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Keep us update the progress then.
It will be beneficiary for future reference for others.
TScherroy
post May 23 2016, 10:18 AM

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QUOTE(earthcrystal @ May 22 2016, 04:15 PM)
Questions on proxy for Management Corporation AGM where all the owners here has no arrears ...
Q1. If this parcel has more than one name (ie MrA, MrB and MrC), MrA has to use a proxy to choose MrC; MrB has to use a proxy to choose MrC. MrC can be nominated for MC; MrC can nominated another owner and MrC can vote.
Q2. If this parcel belongs to a Sdn Bhd company, this company can use the proxy to choose a MrsA. MrsA can be nominated for MC; MrsA can nominated another owner and MrsA can vote.
Q3. If this parcel belongs a single owner, the owner can use the proxy to choose a MrE. MrE can nominated another owner and MrE can vote.
Q4. Since 2015, the Power of Attorney is not longer applicable?

Please advise. Tq.
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As far as I knew, (correct if I am wrong).

Q1. Yes. You need a signed proxy form for joint owned property for either owner.

Q2. Yes, as company is not a "person". Not possible for "Company" to attend the meeting.

Q3. Yes, proxy means represent the owner, except the proxy cannot be voted.

Q4. Not aware that the act got stated POA is not applicable.



TScherroy
post May 23 2016, 04:21 PM

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QUOTE(earthcrystal @ May 23 2016, 03:19 PM)
@cherroy. Tq for the reply.

Q3. Based on your reply, what is the purpose of a person having a proxy attending an AGM, not entitle to nominated or vote?

Q4. Power of Attorney is never mention in this Strata Act 757 on AGM, only proxy. Therefore POA is not applicable for AGM.

Cheers.
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Q3
Proxy can vote but not being voted.

POA is a even "stronger" document than proxy, as it is endorsed legally in high court.
So, I don't think we can straight away conclude POA has no validity to represent the original owner.

TScherroy
post Jun 20 2016, 05:00 PM

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QUOTE(lucerne @ Jun 20 2016, 12:10 PM)
agreed the committee not more than 3 consecutive years. some condo has been abused by the committee and always think the condo is belong to their father or kingdom.
the committee also control the management office and always get them elected by collecting (illegally?) the proxy forms to support themself

what can we do if the committee still elect themself after 3 years? i asked COB and they cant give me the answer...
the committee also bring their own legal adviser (paid by the residents) during the AGM and always back their arguments. residents has no says when the lawyer said it is ok. they argued that  the act is only effective after June 2015 so they can still be elected for another 2 terms.

it is similar to a president who already served many years made announcement that a president not allowed to serve office for more than 2 terms/years  and he can still be elected for another 2 terms/years??

anyone has valid support documents to counter this?? eg cob, ministry, lawyer etc?
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This argument actually has some ground.

The newly enacted rules or strata act on not more than 3 terms only can be effected after it is gazetted which is last year or so, so whatever previously happened before the law exist doesn't count.

When 2014 has no such a strata title act, how can the issue of 2014 (being appointed as committee) being brought up on 2016 saying it violates the strata act that started 2015?
It doesn't make sense.


TScherroy
post Jun 23 2016, 10:53 AM

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QUOTE(ycs @ Jun 23 2016, 12:00 AM)
curious, under what circumstances will a buyer not transfer his name on to the strata title and also inform the MO that he is the new owner so that all outstanding fees, if any, will be settled by previous owner?

btw, is 'proprietor' defined in the Act?
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From experience, there are plenty of owners didn't get the strata title issue done, particularly those who bought from the developer,

1. Due to ignorance.
2. Want to save stamp duty and lawyer fee which easily beyond 5 figure, (depended on the price of property), especially those intend to sell the property soon.

TScherroy
post Jul 8 2018, 09:45 PM

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QUOTE(z800r @ Jul 7 2018, 09:00 AM)
Hi. Need a help regarding strata tittle.

Im gonna be the 3rd owner of the house. The strata tittle is still under developer.

So the agent said its all up to developer either they want to change the strata tittle from developer directly to me. Or developer - current owner - me.

So, if the developer wanna change the strata tittle from developer - 1st owner - 2nd owner - me. Or is it developer - curent owner - me only? No need to change to every previous owner? How long it will take for me to get the key ya? One year maximum?

Thanks
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You may take the key once you settled the payment (or S&P) with the seller, but title may not complete for years, or some worst case scenario, some even decade if developer doesn't initiate the strata title process to buyer.


TScherroy
post Jan 31 2019, 10:45 AM

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QUOTE(crewmy @ Jan 30 2019, 09:07 PM)
Thank you. Do you know what is the terms used for all these "rules"? SOP? House Rules?
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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.


TScherroy
post Aug 1 2019, 03:20 PM

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QUOTE(GIVEMEABREAK @ Aug 1 2019, 11:45 AM)
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?
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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 biggrin.gif ).
TScherroy
post Aug 2 2019, 11:19 AM

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QUOTE(GIVEMEABREAK @ Aug 2 2019, 09:05 AM)
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.
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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.

TScherroy
post Aug 2 2019, 03:10 PM

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QUOTE(GIVEMEABREAK @ Aug 2 2019, 11:27 AM)
Exactly, yeah it's quite rare to find info about landed strata titles...
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Normally, JMB bought the fire insurance, and charge into or send extra copy together when sending you the maintenance fee.

How much you are paying for the insurance ?
Currently the house value how much?
How many total unit in the strata land?

A rough figure will more and less know whether it is covered entire properties.

You should get a copy of the policy as well. Just request from JMB.

There is no reason for JMB to under insure as the premium is not bounded by them, but owner.
They don't save a penny nor get any benefit by under insured.


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