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 Strata Management Act 2013 and Strata title Act, Attending a Professional Talk

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cherroy
post Jul 27 2015, 02:38 PM

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QUOTE(Eng_Tat @ Jul 26 2015, 12:14 PM)
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,
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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.


cherroy
post Aug 13 2015, 08:13 AM

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QUOTE(joshuawhlam @ Aug 13 2015, 07:56 AM)
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.
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Incorrect info given.

Proxy can vote, just cannot be voted.

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

http://www.hba.org.my/laws/Strata/Main/sec...schedule.htm#14. Proxy.
QUOTE
(1) On a show of hands or poll, votes may be cast either personally or by proxy.

cherroy
post Aug 13 2015, 04:32 PM

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QUOTE(corleone74 @ Aug 13 2015, 04:08 PM)
my question: does the new SMA address ownership rights for community areas such as shared clubhouse, private parks and so on, in a master title development of landed strata housing with multiple separate parcels (whereby the community areas are not part of any of the parcels)? This is in particular related to "double" G&G developments.

If No, any future plans in the pipeline to further address this issue?

Thanks, aurora97.
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Don't quite understand your question,
but common property belonged to MC and any use of those area is under MC control, including to build whatever facilities that allowable under the act.
cherroy
post Aug 13 2015, 05:51 PM

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QUOTE(aurora97 @ Aug 13 2015, 01:58 PM)
unfortunately, the Act doesn't elaborate further on proxy (i.e. voting of committee members), if the Act is silent, we will need to refer back to the proxy form. If the proxy form is silent as well, then your management is correct in disallowing your sister (as proxy) to vote.
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When the act silent on voting committee member issue, we cannot say the management is correct to disallow proxy to vote.
Just like if there is no act or specific act say you cannot speeding in highway, enforcer cannot summon you even if you are speeding at 150km/h.

If the proxy is meant representing the original owner, then the proxy acts on behalf owner.

Just like listed company AGM, many also appoint proxy to vote on the resolution.

While proxy cannot be voted as committee member because the act does state committee member must be from proprietor owner only.

When an act silent on a certain issue and no specific guideline given = no say yes or no.
cherroy
post Aug 13 2015, 06:00 PM

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QUOTE(joshuawhlam @ Aug 13 2015, 05:37 PM)
» Click to show Spoiler - click again to hide... «


This is my 2 cents. I am neither bias on the owner nor management. I just think if one party can easy to waive the rights of other parties, law is basically not working in the system!
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We need to separate out Management office vs Management Corporation.

Management office normally is a property manager/company employed by Management Corporation.
Management Corporation is formed from the proprietor owner aka committee members voted.

In the act, it is the duty of Management Corporation to take care of the building, not MO.

MC cannot simply voided the right of proxy, all must follow what the act has provided.

If a proxy is stated able to vote in the act, then the proxy can vote, as simple as that.

If during AGM/EGM time, the chair person of the meeting (the chair person of meeting doesn't necessary come from existing chairman) disqualify the proxy without any reason (like not paying maintenance fee etc), then the owner appointed the proxy can complain to COB, and any meeting that being convened that violate the basic of the act may be deemed null and void.
cherroy
post Aug 13 2015, 09:38 PM

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QUOTE(corleone74 @ Aug 13 2015, 06:32 PM)
So with the new SMA, how will the process above be affected? I read that the strata titles now have to be ready (ie parcels subdivided) during the CF itself, ie before VP? Is this confirmed? If this is the case, will there no longer be a need for the formation of the JMB?
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Yes, newer properties under newer strata title act aka act 757, need to have strata title in place when VP time.
This is according to the act, but in reality, whether all able to compliance or not is another story.

JMB will go into history with the newer act with newer property.

But there will be still many old property with JMB status around, as there are many properties even after 10 years completed still do not have a strata title which is not rare out there.

 

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