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TO DO OR NOT TO
DO
STRATA MANAGEMENT ACT 2013
STRATA MANAGEMENT
(MAINTENANCE & MANAGEMENT)
REGULATIONS 2015
LEE KIM NOOR, KNLEE & ASSOCIATES, PENANG
LEE KIM NOOR, KNLEE & ASSOCIATES,
PENANG
Issues and impacts of
Strata Management Act 2013 Old Era
Initial Interim Final
VP 12 months 1st AGM for MC
SPA BCPA STA
Developer JMB MC
New Era
SPA SMA
Developer MC
Commissioner of Buildings DISPUTES AND STRATA MANAGEMENT TRIBUNAL
Strata Management Act 2013 TO DOSection 6 -Schedule of parcels – (before sale)File SiFus (sijil formula unit syer) ( including provisional block) with land office and COB for approval before launching - - Show proposed share units of each parcels, to file with Location plans, legend of all parcels, certificate by Surveyor that the building is capable of subdivided, certificate by architect/engineer that the building is to be constructed in accordance with approved plans and capable of being subdivided.
Strata Titles Act 1985 -- NO DO NO DO
Section 9 & 10 application for subdivision of buildings & in the case of phased development, provisional
block, to discharge existing charge -NO DO NO DO
Strata (M & M) Regulations 2015Section 7 -Amended Schedule of parcels In case of any phased development , before the developer sells any parcels in any provisional block, the developer file amended schedule of parcels, can only amend Schedule of Parcel if the building plans are altered or revised
a. due to requirement of a local authority; or
b. agreement of all purchasers of all affected provisional blocks.
- Provided there is no change in the proposed quantum of provisional share units for the affected provisional block .
Strata Management Act 2013 TO DOHOW TO DO HOW TO DO
- Section 8 Allocated share units ( after sale)
for property management purposes i.e collection of service charges S21(2)(a) and voting purposes.
If presently managing under a set of weightage and after introduction of SMA change weightage then the management has to call EGM to notify everybody
Who to file Allocated share units?
Section 9 of Strata (M&M) Regulations 2015
Any person or body who has a duty or is responsible to maintain or manage any building or land intended for subdivision into parcels and the common property
Strata Management Act 2013 NO DO NO DO
- Section 9 of Strata (M&M) Regulations 2015
Shall within 90 days from the date of commencement of SMA or within such extended time as the COB may grant ,assign the share units for each parcel.
COB appoint any other person or body to assign, if
a. If fail to assign at the cost of the person who is supposed to assign or
b. if the purchaser is not satisfied with the assignment of
share units (i) variance less than 10% then purchaser to pay
cost (ii) variance more than 10% then management pay
NO MAIN NO MAIN
Strata Management Act 2013WEIGHTAGE
old practise in Penang
1. Residential : 1.0
2. Commercial : 1.5
3. Industry : 2.0
4. Covered car park : 20%
5. Uncovered car park :10%
With the new weightage, Conflict of interest ??
In future, Limited Common Property
Strata
Management Act 2013NOT TO DO1. Do not buy an apartment next to office block under one management
2.Do not share an office block with an industrial block
3. Increase in Penang Car Park fees/Decrease in KL parking fees??
4. land parcel next to strata parcel, what is not applicable? No share unit?? what if share common facilities??
Strata
Management Act 2013TO DO, HOW TO DO
Limited Common Property and Subsidiaries
ManagementFormation under S17A Strata Titles Act 1985
1. Comprehensive resolution – 2/3 aggregate share units of Proprietors;
2. Not available during JMB
3. designated limited common property – design of building whether suitable
Strata Management Act 2013Damage Policy for Insurance Part VIIIrebuilding building, repair, restoration, removal of debris, remuneration of architect.
Reinstatement value
Subsidiary management- insured separately
Each parcel owner shall be responsible to insure his building on the land parcel
Public Liability/ Error and Ommission
NO NO DO To do valuation every five
years
Strata Management Act 2013
Strata Management TribunalSingle sitting out of 23 committees on panel
Jurisdiction <RM250,000.00
Limitation Act 1953 not applicable
Decision final, No appeal, refer to Judge of High Court ONLY on question of law
Not comply fine RM250,000 or jail 3 years
NO NO DOFULL Compliance in development and management otherwise see YOU in Tribunal
Strata Management Act 2013
THIS TO DORecovery of Service Charges
1. Recovery vide Court S78(2)
2. Recovery by attachment of movable property
(warrant issued by COB) S79
can be challenged in court
3. Recovery vide Tribunal S78(3)
If fail to comply with payment notice, liable to a fine < RM5,000 or jail 3 years or both, if continuing office RM50/day, Limitation Act 1953, continuing entity
Strata Management Act 2013
-COB HOW TO DOCOB-legal officer, law enforcer, mediators at AGM,
registrar, record keeper, defect investigator, debt collector and now part time surveyor, MACC officer
S6&8 check Schedule of Parcel/Allocated Share Units
S14(2) COB to send auditor to investigate Developer's account at its expense and under Part X, like MACC
S79 To issue warrant of attachment
S86 to appoint Managing Agent – accept bond
S92 To monitor deposit from developer to rectify defects on common property
To regulate 30 forms under SM (M&M) Regulations
Strata Management Act 2013
By-lawsThird Schedule – Strata Management (
Maintenance and Management) Regulations 2015.
Commercial Complex – HOW TO DOJMB/MC may made additional by-laws by special resolution but cannot contravene the by-laws as prescribed under the Act
S2 Special resolution : passed at AGM, at least 21 days notice and carried by a majority not less than three-quarters of the valid votes
Strata Management Act 2013
By-laws – THIS TO DOThird Schedule – Strata Management (
Maintenance and Management) Regulations 2015.
Effective service charges collection S6
May display the list of defaulters' list on notice board PROVIDED update at the end of every following month.
May deactivate electromagnetic access device
May stop from using the common facilities including tenant
Can clamp vehicle improperly parked, fine <RM250 S25
Shall not keep animal that may cause annoyance or nuisance or dangerous to the safety S14
May require any person to identify himself for security S17
Strata Management (M &M) Regulations 2015
THIS TO DOProvisions for Management Corporation (also for JMB)
1. Executive Committee – Not more than 2 terms
Management Committee (natural person) – Not more than 3 terms
2. Now owner of more parcels can have more representatives
3. Now all meetings only one calling
4. Notice for AGM all 14 days with a standard form
5. to send out Notices by Registered Post accompanied by past year minute and audited account
Strata Management (M &M) Regulations 2015 THIS TO DO
Provisions for Management Corporation (also for JMB)
6. On show of hand, One Parcel One vote
On poll correspond with share units
7. 7 days before AGM, close account and put up the list of proprietors entitled to vote
8. a person may act as proxy for only one proprietor at any one general meeting.
NO DO NO DOWrong do, fine fine fine
Strata Management (M&M )Regulations 2015
Inter-floor leakage/Damage to Party Wall
Assumption : the defect is in the parcel above
HOW TO DO – by Management
7 days(asap) 5 days
Inspect certificate of inspection
7 days
rectify
If deny access, fine <RM50K or jail 3 years
Strata Management (M &M) Regulations 2015
HOW TO DOBond for Unregistered Property Manager
S32(2) If the person or agent is not a registered property manager, he shall not act to undertake such maintenance and management of the common property unless he has lodged with the management corporation a bond in Form 12 to be given by a bank, finance company or insurer.
S32(3) The amount of the bond shall be a sum that isequivalent to the remuneration or management fees fora period of twelve months or a sum of fifty thousandringgit whichever is higher.
Strata Management (M &M) Regulations 2015
THIS TO DODeposit by Developer To rectify Defects on Common
PropertyS46/47 A developer shall, within 21 days prior to the delivery of vacant possession .. give written notice to COB...in Form 25..with a certificate of estimate cost of construction..the amount of deposit shall not be less than zero point five per cent of the estimated costs of construction or fifty thousand ringgit, whichever is higher ...in cash or bank guarantee valid for the defect liability period.
Strata Management (M &M) Regulations 2015
HOW TO DOSection 80 – MONEY NOT REQUIRED FOR IMMEDIATE USE
All moneys in the accounts required to be opened and maintained under this Part which exceeds Ringgit 5,000 and which are not required for immediate use, shall be placed or deposited by the management corporation, as the case may be, into an income-bearing deposit account with a bank or financial institution.
MUST PLACE INTO FIXED DEPOSIT
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