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https://forum.lowyat.net/index.php?showtopi...post&p=92966891QUOTE
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?
QUOTE(ulala2 @ Jun 13 2019, 12:39 PM)
I believed your above question is posted at the wrong thread, you should post it at
https://forum.lowyat.net/topic/3608743Anyhow, 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
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
Sifus, which scenario is the correct one? A, B or C? If C, my additional by-law valid or not?
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
This post has been edited by okuribito: Jun 13 2019, 02:16 PM 
Dec 24 2016, 12:00 PM
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TQ ... u very well versed - u lawyer or have experience as jmb or mc member?
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