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Formation of
JMBs/MCs
&
Handling Over
By Chris Tan Founder and Managing Partner CHUR ASSOCIATES® Advocates & Solicitors ||| Registered Trade Mark Agent
Who are the Management Bodies
Who are the Management Bodies
a) Vacant Possession of parcels are delivered to the Strata Owners before issuance of strata titles
a) VP delivered BEFORE strata titles
Who are the Management Bodies
b) Vacant Possession of parcels are delivered to the Strata Owners after issuance of strata titles
b) VP delivered AFTER strata titles
Joint Management Body
• Established upon the convening of 1st AGM under Section 17 of the Strata Management Act 2013
Joint Management Body
a) When to convene 1st AGM of JMB
b) Process of convening 1st AGM of JMB
a) 1st
AGM of JMB – WHEN?
– If VP of parcel was delivered before commencement of SMA, not later than 12 months from the commencement of SMA; OR
– If VP of parcel was delivered after commencement of SMA, not later than 12 months from the delivery of VP
a) 1st
AGM of JMB – WHEN?
– on/ or before 31 May 2016 for Federal Territory of Labuan and Peninsular Malaysia (except state of Penang) and 11 June 2016 for State of Penang; or
– within 12 months from VP
whichever is the later
b) 1st
AGM of JMB - PROCESS
- Duty of Developer to hold 1st AGM of JMB
- If the book of strata register is opened before 1st AGM of JMB, the establishment of JMB shall not be required.
- The Developer may hold the 1st AGM of MC instead within the time frame as stipulated in the SMA
b) 1st
AGM of JMB - PROCESS
To make sure the maintenance account and sinking fund account had been audited up to a date of not earlier than 3 months before the AGM.
To identify agenda (Form 5) and proposed resolution
To serve notice Form 5 to all Strata Owners
To display the said notice at conspicuous part within the development area
Checklist for Developer –
BEFORE 1st
AGM of JMB
• INSERT FORM 5
Form 5
Form of Proxy
To prepare an annual budget and give a copy of such budget to Strata Owners before AGM
If applicable, to include the motion in the agenda and display the notice of motion on the notice board
To put up a list of person who are entitled to vote during the AGM not less than 48 hours before AGM
To identify the proxy lodged
To prepare voting slips which to be used if a poll is demanded
Checklist for Developer –
BEFORE 1st
AGM of JMB
To take the attendance of Strata Owners (including proxy and make sure they are the person who are entitled to vote)
To make sure the candidates of JMC members are qualified to be elected
To organize the meeting
To answer the question which is relevant to the agenda/proposed resolution
To take the minutes
Checklist for Developer –
DURING 1st
AGM of JMB
To deliver/hand over all items mentioned in the prescribed Form 4 for hand over to JMB within 1 month after 1st AGM
To transfer all balances of money in the maintenance account & sinking fund account to JMB within 1 month after 1st AGM
If the Developer fails to hand over the audited account (up to fund transfer date) no later than 1 month after 1st AGM, the Developer shall hand over the audited account to JMB within 4 months after 1st AGM, the audited account shall up to date of transfer of balances in maintenance account & sinking fund account
Checklist for Developer –
AFTER 1st
AGM of JMB
• Insert Form 4
Form 4
To elect a chairman, secretary and treasurer among each other immediately after the conclusion of 1st AGM
To open maintenance account and sinking fund account
To issue minutes and a notice in prescribed Form 5A to all Strata Owners notifying the amount of Charges Contribution to Sinking Fund and the rate of late payment interest within 28 days from the date of 1st AGM
Checklist for JMC–
AFTER 1st
AGM of JMB
Form 5A
To display the Form 5A & minutes on the notice board
To file with Commissioner certified true copies of the audited accounts, auditor’s report, resolutions passed and minutes of AGM within 28 days from the date of 1st AGM
To inform and register with the Commissioner the name of JMB within 30 days from the date of 1st AGM
To make sure all items & docs as mentioned in Form 4 are in order and acknowledged receipt of the same
Checklist for JMC–
AFTER 1st
AGM of JMB
Management Corporation
Management Corporation
• Established upon the opening of book of strata register under Section 17 of Strata Titles Act 1985
• Section 14 of STA, Director of Lands and Mines shall direct the Registrar to open a book of the strata register upon receiving certified strata plan from Director of survey
• Commence operation upon convening of 1st AGM
Management Corporation
a) When to convene 1st AGM of MC
b) Process of convening 1st AGM of MC
1st
AGM of MC – WHEN?
– Within 1 month from the date of which there are the Proprietors (excluding the original proprietor) the sum of whose share units is at least one-quarter (1/4) of the aggregate share units
1st
AGM of MC - PROCESS
- The time frame to hold AGM depends on the strata titles registration from the original proprietor to the Strata Owners
- Hence, the Developer shall always track the status of strata titles registration
1st
AGM of MC - PROCESS
To make sure the maintenance account and sinking fund account had been audited up to a date of not earlier than 3 months before the AGM
To identify agenda and proposed resolution
To serve notice Form 14 to all Strata Owners
To display the said notice at conspicuous part within the development area
Checklist for Developer –
BEFORE 1st
AGM of MC
• Insert Form 14
Form 14
Form of Proxy
To prepare an annual budget and give a copy of such budget to Strata Owners before AGM
If applicable, to include the motion in the agenda and display the notice of motion on the notice board
To put up a list of person who are entitled to vote during the AGM not less than 48 hours before AGM
To identify the proxy lodged
To prepare voting slips which to be used if a poll is demanded
Checklist for Developer –
BEFORE 1st
AGM of MC
To appoint an auditor to audit the maintenance accounts and sinking fund accounts and these accounts are audited up to a date of not earlier than 3 months before the AGM
To make sure the accounts had been audited annually
To furnish information to the Developer for preparing annual budget, proxy listing and list of person who are entitled to vote
Checklist for JMB –
BEFORE 1st
AGM of MC
*if the earlier Management Body is the JMB*
To take the attendance of Strata Owners includes proxy and make sure they are the person who are entitled to vote
To make sure the candidates of Committee members are qualified to be elected
To organize the meeting
To answer the question which is relevant to the agenda/proposed resolution
To take the minutes
Checklist for Developer/JMB –
DURING 1st
AGM of MC
To elect a chairman, secretary and treasurer among each other immediately after the conclusion of 1st AGM
If the earlier Management Body is JMB, to open new maintenance account and sinking fund account
If the earlier Management Body is the Developer, to take over the control of maintenance account and sinking fund account
Checklist for MC –
AFTER 1st
AGM of MC
To issue a notice in Form 15 to all Strata Owners notifying the amount of Charges, Contribution to Sinking Fund and the rate of late payment interest within 28 days from 1st AGM
To display the Form 15 on the notice board
To file with Commissioner certified true copies of the audited accounts, auditor’s report, resolutions passed and minutes of AGM within 28 days from 1st AGM
To make sure all items & docs mentioned in Form 7/Form 13 are in order and acknowledged receipt of the same
Checklist for MC –
AFTER 1st
AGM of MC
Form 15
Form 13
Form 7
To deliver/hand over all items mentioned in Form 13 to MC within 1 month after 1st AGM
To transfer the control of maintenance account & sinking fund account to MC within 1 month after 1st AGM
If the Developer fails to hand over the audited account (up to hand over) no later than 1 month after 1st AGM, the Developer shall hand over the audited account to MC within 4 months after the date of 1st AGM
Checklist for Developer –
AFTER 1st
AGM of MC
*if the earlier Management Body is the Developer*
Strata Training for Developer
Strata Handling Over Retainer
PACKAGE 1 / SINGLE
PACKAGE 2 / MULTI
PACKAGE 3 / SUB
Single Phase
Single Development
Single Use
1st Phase of
Multi Phase
Development
Single/Mix Use
Sub Phase of
Multi Phase
Development
Single/Mix Use