Any one has any questions on Strata Management Act 2013 and Strata title Act, I will try and pose it during the talk.

Questions must be received on/before 27 July 2015.

I will submit your question with some sugar coating

Anyway, my earlier thoughts:-



This post has been edited by aurora97: Jul 21 2015, 12:35 PM

can share where and how much is the talk? by whom?

law firm.

my company's property division.

I am from another division.

the talk given exclusively to our property division.

auroro, i didnt read thru the entire act. is proxy able to be part of comittee member? i.e. one company owns multiple unit, can they appoint some one from their company in the committee? or wife own a unit, husband as proxy, will he be able to vote in as commitee as well. thanks alot,

at the very least pose me a question rather than tell me you did not read the act. Anyway I suggest strongly that you read up, otherwise it’s going to be a very one-sided discussion and it will be very dull (as it is now).

1st question.
Can a proxy be part of the committee member?
No. (see item 8 of Schedule 2)

2nd question
Company (regardless whether multiple or single unit)
Yes. (see item 7(b) of Schedule 2)

3rd question
Wife (owner), husband proxy. (assuming wife only own 1 unit.)
No. (see item 7© of Schedule 2)

He passed the immediate family test BUT in order for a proxy to be nominated to committee, the wife must own two or more parcels.

As far as I knew and experience.
Proxy cannot be voted as committee member, only can vote on behalf owner, but not being voted.

While for company, it is a bit different, as "company" is not a person in the first place so someone (from the company) must able represent the company.

On second thoughts, I would agree with you... with further clarifications to 7(b) and ©.

Proxy cannot be voted as committee member, only can vote on behalf owner, but not being voted.

This statement is true and supported by item 8 Schedule 2.


illustration
A is owner, A request B to attend as proxy, B may attend as a proxy to vote based on the instruction of A.

However….

There are also other recognized type of “proxies”…

A proxy for a company (see item 7(b) Schedule 2)
A proxy who is not an owner but is a immediate family member, who is an owner of 2 or more units.(see item 7© Schedule 2)



This post has been edited by aurora97: Jul 27 2015, 03:32 PM

thanks arorora, apologised on my part. recently quite bog down with alot of works recently.

No worries.

I will pose your question later. See what I can extract out of him.

Bummer all covering developer side of things.

Really can exercise the right of going in and selling fixture of the house ?

whats the proper procedure of exercising that ?

Really can exercise the right of going in and selling fixture of the house ?

MC:
Sections 79(8)- sold by auction by the MC.
Sections 79(10) – deals with perishable goods. Sold immediately.


whats the proper procedure of exercising that ?

MC:

Commissioner = COB.

79(1) –
> sworn application made by member of the committee
>submit to commissioner
> commissioner to issue warrant of attachment.

79(2) –
> warrant of attachment to be executed by any member of the committee
> in the presence of the commissioner or his officer

79(3) –
> difficulties in enforcing the warrant?
> may request assistance from commissioner.
> commissioner will request assistance from police (not below the rank of inspector).

79(4) –
> force entry
> make inventory

79(5)
> got tenant in the property?
> no problem, tenant to pay rental monies to management corp directly to offset maintenance due by owner.
> tenant’s property will be attached until amount of maintenance is full paid.

79(6)
> (for the above matter)to issue receipt to tenant hahahaha….

P/S: same provisions in JMB also, see section 35.



my conclusion is, avoid attaching property and do it as last resort.

This post has been edited by aurora97: Jul 29 2015, 09:45 AM

i would like to ask in terms of 'unanimous' decision.
usually for strata titled development, post completion, it is very difficult to implement or seek 'unanimous' decision in the past act.
moving forward, in the new act, what warrants an acceptable % of votes to deemed as a joint 'unanimous' decision?
thanks.

Enbloc sale for strata development such as apartments and condominiums, still need 100% approval?

Before I go into your question…

Section 15 of Schedule 2 states that ½ of the proprietors are eligible to vote. However if after 30 mins the quorum is still not met, whoever is in the meeting will form the quorum.

Next…

The Act itself recognize other voting methods such as:-

Special resolution (75%)
Comprehensive resolution (60%)

Now your question…

My view is, if the legislator had intended a unanimous vote to constitute (say 90%) they would have expressed it. In this case, whoever forms the quorum and everyone votes in favour of the resolution that will be called a “Unanimous Resolution”.

I think (again)…

The issue previously with Act 663, there is no specification of quorum for a meeting (AGM/EGM). Also there is no provision for postponement of meeting.

Nevertheless, good question.

I have confusion on the rights of proxy.

In the first AGM for JMC, I appointed my sister as proxy to join the AGM. My sister and the other proxy disallowed to vote for new committee. As the instrution I got from management office, proxy has not right to vote. Please show me the particular statement in act. Therefore I can ask for the right of proxy in future.

Incorrect info given.

Proxy can vote, just cannot be voted.

If proxy cannot vote, what's for appointing a proxy in the first place?

http://www.hba.org.my/laws/Strata/Main/sec...schedule.htm#14. Proxy.

Cherroy, I think he meant the casting of vote to appoint the new “management committee”.

If I re-call correctly, the proprietor will have to complete the proxy form. In the proxy form, it will state whether he is for/against a particular agenda to be tabled during AGM. The proxy will than vote based on that proxy form. As such, the power of the proxy is only limited to what is stated in the proxy form.

Now, the underlying rationale (I suspect) as to why proxy can’t vote for the new “management committee” is because they are not proprietors. If proxy voters are allowed to vote in new “management committee”, this action will encourage forged proxy forms and phantom voters (as my ex-chairman did).

Thank you for comments to understand what I think and Cherroy think.

I learn a few new terms. Properietor should means the owner? Casting vote means is a final vote when there is deadlock? Let say same votes for two candidate. Casting vote is needed by chairman.

I think what Cherroy got my meanings. I am owner and presumably I am the proprietor, who completed to proxy form. Appointing my sister as proxy to join the first AGM when developer hand over the power to new committee. But the management office refuses my sister (proxy) to vote in this case.

In the second time, I attend a meeting. I am an owner and I can vote. I become the proxy of my friend (another owner). My proxy status also doesn't allow me to help myself to vote.

I feel strange if the proxy can not vote. Then why need a proxy to join the meeting. Sounds illogic to me. But office told proxy has no voting right. That's the conclusion I got.