Strata act 757
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 Oct 27 2015, 05:24 PM
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#1
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Junior Member
12 posts Joined: Oct 2015 
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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? |
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Oct 27 2015, 05:30 PM
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#2
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Junior Member
12 posts Joined: Oct 2015
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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?
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Oct 29 2015, 11:07 AM
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#3
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Junior Member
12 posts Joined: Oct 2015
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QUOTE(cherroy @ Oct 29 2015, 10:41 AM) The JMB/MC is individual strata property matter, other phase of property project should be having their individual JMB/MC. the problem now is still under master title, total 6 phases, 4 handed over, lastest phase vp in June/Aug 2 mths ago, another 2 phases will be VP 2-3 yrs from now. Developer is applying strata title for these 4 phases recenlty. so now under master tile means only 1 JMB for all phases? |
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Oct 29 2015, 12:16 PM
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#4
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12 posts Joined: Oct 2015
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QUOTE(cherroy @ Oct 29 2015, 11:47 AM) The question is the 6 phase is separated, or within the same compound? This is mix development on 1 small land, got street mall, apartment, soho, retails... just like icon city in PJ, under 1 land built by 1 developer...Individual phase or property within its vicinity should have their own JMB/MC, but not a JMB/MC manage all the properties. Phase 2 & 3 (apartment) share facilities and share guard house, Phase 1 & 4 are streetmall & retails + Soho, no guard hse and independent facilities.. Phase 5 is under construction - apartment Phase 6 is also under construction, Block A is soho + retails, Block B is apartment. This post has been edited by gabby0140: Oct 29 2015, 12:20 PM |
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Oct 31 2015, 02:19 PM
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#5
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Junior Member
12 posts Joined: Oct 2015
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QUOTE(cherroy @ Oct 29 2015, 01:23 PM) Strata management is not about 1 land 1 JMB/MC. second schedule section 11 (2)(a), the 25% is based on "aggregate share units"There are many buildings that were previously built in 1 land but with several buildings that having their own MC. They are not related once being stratified. Generally, only those properties shared the facilities and compound will be under the same management or MC. (in above eg, 2 & 3) Part I interpretation of "aggregate share units" means (a) in relation to a building or land intended for subdivision into parcels, the sum of the allocated share units of the parcels or proposed parcels, including a provisional block, in a development area[U]; or (b) in relation to a subdivided building or land, the sum of the share units of the parcels, including a provisional block, as shown in the strate register prepared and maintained by the Registrar under the Strata Titles Act 1985. how do you interpret 'provisional block' here? To our JMC, they said they are the JMC of the "development", not only respective phase This post has been edited by gabby0140: Oct 31 2015, 08:33 PM |
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Oct 31 2015, 02:25 PM
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#6
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12 posts Joined: Oct 2015
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QUOTE(aurora97 @ Oct 29 2015, 05:10 PM) In your SPA, aside from the layout of your parcel unit, the strata plan also lays out the entire plan for your phase. The JMC said they are JMC of whole development (All phases comprises of built, unbuilt or building..), they transfered nearly RM 300K from Phase 3 to phase 1 & 2 without phase 3 owners/JMC of phase 3 consent.. they said it is legal as it is under JMB account..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. 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 » Click to show Spoiler - click again to hide... « 24. Joint management body to establish sinking fund account » Click to show Spoiler - click again to hide... « anyway, they have returned abt RM 150k to phase 3 in past 2 mths.. what do you think? |
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Oct 31 2015, 08:45 PM
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#7
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Junior Member
12 posts Joined: Oct 2015
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QUOTE(cherroy @ Oct 31 2015, 04:03 PM) You need to escalate this issue to COB. Yes, COB is fully aware on this matter and said nothing. It is odd to see there is a "master" JMC to start with, and this is the first time I heard such a situation. If the JMC is the "master" JMC, then the whole fund is used to manage all the phase properties, why there are "transfer" the money in between phases? So it doesn't make sense in this matter. Phase 2 got VP abt 1.5 yrs and during the 2nd year AGM in March 2015, the phase account is in deficit, so they transferred the funds from phase 3 without passing JMC meeting and no resolution has been signed. Phase4 has just VP in July 2015, and this 'master' JMC forcing Developer to transfer phase 4 account to JMB.. However, during the 2nd year AGM of the whole land, the MF increased of 32% and this hike applied to Phase 4 as well. That's mean before they got their VP, their maintenance fee already increase without any phase 4 owner consent... |
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May 13 2016, 09:33 AM
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#8
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12 posts Joined: Oct 2015
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Hi, I’d like like to know if the JMC has the right to terminate the MA and make it to become self-management? Eg: hire General Manager to run the office, building manager, finance manager, admin manager, many staff and also own security team.
 Do we need to pay them EPF/Socso? Employee welfare? Are they covered by Employment Act or Industrial Act? I only know that the GM is contract basis, he was our former JMC/chairman, his wife also a JMC for 2 years now. Secondly, does JMC has the power to make any decision and spend the maintenance fee like their father’s money? Eg: install air-con at all lift lobbies (total 8 units for my phase, there are 3 phases), remove all fire doors and replaced by tempered glass doors, shut down 1 entrance/exit during midnight (we only have 2 entrance/exits for 799 units), hire lawyer to send LOD to owners who have overdue MF, hire lawyer to appeal the judgement of KPKT court to high court…etc. But maintenance of the building has not been properly done, supposed a mid-range condo now is like low cost flat.. monthly MF RM0.33/sft!  Now 14 mths has passed and we are still waiting for the notice of AGM(3rd).. we made numerous complaints to COB, but they really toothless and useless.  That's why a few owners filed to KPKT and won the case, judgement is JMC to call for EGM in April but JMC hire lawyer to appeal...   This post has been edited by gabby0140: May 13 2016, 10:17 AM |
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May 13 2016, 10:58 AM
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#9
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Junior Member
12 posts Joined: Oct 2015
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QUOTE(cherroy @ May 13 2016, 10:20 AM) Yes, there is no mandatory requirement under the act saying JMC/MC need to hire a registered property manager to manage (although I heard last time there is a plan for it for the future). Correct me if I am wrong. 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..Yes, every employee hired, as employer, you need to pay for EPF/Socso, it is under the employment act, unless the employee hired exceeded the threshold of wages range and not in manual labour work issue, this is more about employment issue, not much a concern for JMC. Actually in EPF act, contract basic also subjected to EPF contribution, although I knew many out there doesn't. Yes, JMC is empowered to spend every money to upkeep the property. That's why it is best interest owner participate in the election of JMC and ensure the JMC/MC is in good hand, which ultimately will determine how well the property is maintained, eventually translate into value of the property. The solution is to get enough signature and voting to outcast the existing JMC, if they are not doing a proper job. An Egm must be called if reaching the threshold of request by the owner, if not mistaken 1/3 of total eligible owner. Keep on complaining to COB how bad the management is, won't be much helpful actually, as COB has no say on how the property is managed, if there is a lawful JMC being elected, and the work done by JMC doesn't violate any act. |
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May 20 2016, 09:59 AM
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#10
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12 posts Joined: Oct 2015
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QUOTE(lucerne @ May 14 2016, 06:06 PM) the above seems to be most ideal case to me.. self managed and the manager in ex chairman (which is also owner who care about the condo) , i love to have this kind of people to manage my condo. if they manage the condo so good, ofcz no one will object to it but the fact is not...there are 4 phases completed, but new mid range apartment now is like low cost flat, dirty, door handle spoiled for more than 6mths no one care, many thing being vandalized but leave it like nobody business. if hire lawyer to collect MF urgently is to upkeep the building, then ok, but the fact is not.to me tempered glass doors are much better than wooden fire door (luxury and can see thru people out there ). air conditioned lift lobby are nicer to have too.. , shut down one of the access (total 2) after midnight to tighten security /reduce dependent of guards is a good idea...hire lawyer to defaulters is good move since tribunal /COB are useless. somemore legal fee can recover from defaulters.. JMC need money urgently to upkeep the condo as most fund is merely enough to cover operating costs (base on 100% collection).. we all dont know how/when tribunal can help to collect the money,,maybe 5-10 years later?? (so far none of them ) i think the upkeep of the condo should not be too bad since they have done so many things...not easy to execute all these; some more they have the gut to appeal to KPKT!! this is an excellent JMC to me.. the other side keep spending money like his grandpa's $$$...then when the account deficit ask to increase MF.. ofcz tempered glass door look more nicer but safety first. and before spend a huge amount, should get consent from owners who pay MF. also, according to Act 757, there is a procedure to collect outstanding MF, no need to hire lawyer, there are many managers, 2 of them are father and son and also owners, their mom/wife is 1 of JMC...well, if managers don't want to do it, then get staff to do lah, they hire so many staff for what? furthermore, before they hire lawyer, did they send out reminder or even the statement?? No loh...  i also want to propose to hire me and my kid as manager to get few thousand per phase loh...the entire development has 6 phases leh...good income.   This post has been edited by gabby0140: May 20 2016, 10:01 AM |
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