Frequently Asked Questions by Community

From Traditional Condo to Smart Condo
February 5, 2018

Frequently Asked Questions by Community

Frequently asked questions

1) How to call for an Extraordinary General Meeting, if I am not a committee member?

An EGM can be called by a:

  • Committee member (if approved by the majority of voting committee members) or
  • Written request signed by at least 25% of lot owners or their representatives

or

  • Person authorised by an adjudicator’s order.

 

The notice requesting the EGM must be given to the body corporate secretary, or in the secretary’s absence, the chairperson.

*The secretary is taken to be absent if they do not respond to the request within 7 days.

Written request by lot owners must include:

  • Signatures of at least 25% of lot owners or their representatives.
  • Motions which the owners want to have decided at the meeting.

The person receiving the request must call an EGM within 14 days.

The meeting must be held within 6 weeks of receipt of the notice.

If the meeting is not called within 14 days, the owners who signed the original request can ask another committee member to call the meeting.

 

2) What determines your Maintenance Charge per square feet?

The calculation of share units is made based on the area of parcel and the entire floor parcel multiplied by the weightage factors for that type of parcel, and if there are accessory parcels, the area of the accessory parcel is also multiplied by a weight-age factor for that accessory parcel. In conclusion, once the share unit is being allocated, services charges will be charged in proportion to share units allocated, and this calculation of service charge applies to all stratified properties regardless the age of property.

 

Factors Weightage on area of parcel
Common lift/escalator Estimate 15% higher weightage*
Air-conditioning at common area Estimate 30% higher weightage*
Location of accessory parcels ex:garden, roof, storeroom, car park bays 50% higher, for accessory parcel inside a building, instead of outside

* Gross indication of weightage percentage. This figure alone is not adequate to calculate Maintenance Charges. Applicable only for Apartment, Small Office Home Office (SOHO), Office, Institution (College) complex; Shop-houses, shop-apartments and shop-offices (Upper floor parcel only). 

 

3) How is your property being rated by ministry?

Strata Scheme Management Quality Evaluation, or “Star Rating” ranks the standards of joint management bodies (JMBs) or management corporations (MCs) of apartments and condominiums.

The ministry rank the property based on these seven areas :

  • Collection of funds
  • Security
  • Risk management
  • Maintenance
  • Administration
  • Community support
  • Compliance with the law

 

4) How to determine your property security tier?

 

Tier 1 – Card access at guard house and perimeter

Tier 2 – Card access into lift lobbies on all car park levels and ground floor

Tier 3 – 24 hour guard patrol tour system

Tier 4 – CCTV

Tier 5 – Lift access system to designated floor only

Tier 6 – Two way intercom system  

 

5) Is vote count by individual purchaser or unit owned?

Each parcel of land (unit) will be entitled to one vote, on a show of hands, the number of votes shall correspond with the number of share units or provisional share units attached to the parcel or provisional block.

 

A co-strata owner may vote by means of a jointly appointed proxy, or by appointing any one of them. For example, a proxy who is representing his wife who owns a unit will be able to cast a vote on her behalf. However, the proxy is not allowed to be a committee member if he/she is not an owner.

 

6) Who should apply for Strata Title and how is the process?

Once the construction of a development reaches the completion of it’s superstructure stage, the developer must begin the process of applying for subdivision of the building. A new provision under the Strata Title (Amendment) Act 2013, now requires the developer to apply and obtain a Certificate of Proposed Strata Plan (CPSP) from the Director of Survey in Jabatan Ukur dan Pemetaan Malaysia (JUPEM).

The developer needs to apply for Strata Titles within one month after the issuance of CPSP. Thus, upon the delivery of the vacant possession, the Strata Title will be simultaneously delivered to the purchaser.

 

7) What is quorum, and when do you need it?

A quorum is a specified minimum percentage of owners who have to be present, either in person or through a proxy, for a meeting to be valid. During general meeting, The quorum shall be 50% of the qualified members. Qualified members are defined as members that has no outstanding dues as at 7th day prior to the general meeting and can vote at general meeting.

The listing of qualified members needs to be displayed on a notice board at least 48 hours before the general meeting. If quorum are not met, the meeting is adjourned for 30 minutes and at the end of the period the meeting shall proceed and those present shall constitute as quorum.

 

8) What’s the difference between Building Maintenance Account (BMA) and Building Management Fund (BMF)?

The BMA is an account operated by the developer on the maintenance of the building before JMB is formed. When the JMB is formed, remaining money in the BMA shall be transferred to the BMF which shall be maintained, administered and controlled by the JMB themselves.

The BMF shall consist of maintenance charges imposed by or payable to the JMB and all other money received by the JMB and such money shall be used for purposes of repairing and maintaining the common property.

 

9) How to expand the JMB Committees and elect them with effect?

1) Minutes stating committee members (with sufficient quorum) agree to expand committee members, and call for EGM

2) Building Manager need to give notice 14 days before EGM and notice are required to be placed at a conspicuous area of the development.

3) During EGM, election.

4) Submit Minutes, Statement of account, and IC Copy of new members to COB.

 

10) What if you do not agree with the new maintenance charge and sinking fund implemented by JMC?

 

Resident who do not agree to an increase of the maintenance charge or sinking fund could apply for its review to the Commissioner of Buildings (COB). The COB will then determine the right amount that should be charged or get a registered property manager to recommend the said amount.

Disclaimer: The above are interpretation on best effort and good faith, and not to be taken as legal advice. Please refer to Strata Management Act 2013 for the law.

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