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Strata Management Handing over VP and Formation of JMB or MC
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01 SPA and Defects
Common Property
Account
02 Duties of Developer
during the Developer’s
Management Period
03 Powers of the
Developer during the
Developer’s
Management Period
04 Duty to convene 1st
AGM of JMB
05 Transferring Duties by
Developer to JMB
06 Duties of Developer
during Preliminary
Management Period
07 Powers of the
Developer during
Preliminary
Management Period
08 Duty to convene 1st
AGM of MC
09 Transferring duties by
Developer to MC
10 Q&A
Topics
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file Form 25 with COB 21 days before VP
COB determines amount of deposit and notify in
Form 26
developer pays the amount in Form 26
COB places deposit into a separate income
bearing trust account
if a claim is made against the Common
Property Defects account, it will be made
in Form 27
upon receipt Form 27, COB shall give notice to the developer within 14
days
if notice give is not complied with, COB may appoint other person to
repair
COb gives notice to developer of such
appointment
COB may recover expenses.
if repair costs exceed deposit, developer pays shortfall within 14 days
after notified
after expiry of defect liability period, the
developer can ask for a refund
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Open maintenance
account
Deliver VP
Open Sinking
Fund Account
Collect charges and
sinking fund x 4
months in advance
.
Determine
charges
.
Appoint property
manager
Delivering VP
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HDA Clause 19, Schedule G
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2
19(1) From the date the Purchaser takes
vacant possession of the said Parcel, the
Purchaser shall pay to the Developer the
charges, and the contribution to the
sinking fund for the maintenance and
management of the Building or land
intended for subdivision into parcels and
the common property in accordance with
the SMA 2013
19(3) Every written notice from the
Developer to the Purchaser requesting for
the payment of charges shall be supported
by a charge statement issued by the
Developer in the Form annexed in the 5th
Schedule and full particulars of any
increase in the charges shall be reflected
in the subsequent charge statement
19(2) the Purchaser shall pay the charges
and the contribution to the sinking fund for
the first 4 months in advance and payment
thereafter shall be payable monthly in
advance
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01 Open maintenance
account 02 Open sinking fund
account 03 Convene 1st AGM of
JMB
04 Determine charges,
sinking fund, late
payment interest,
05 Effect insurance 06 Comply with notice
Developer’s Duties (Developer’s Management Period) S9 SMA 2013
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07 Prepare and maintain a
register of parcel
owners
08 Accounts be
maintained and audited 09 Enforce by-laws
10 Separate and distinct
area be set aside for
admin office
11 Keep record of
additional by-laws 12 Pay charges on parcels
which were not sold
Developer’s Duties S9 SMA 2013
8
13 Hand over to JMB and
transfer all balances of
moneys to JMB
14 Furnish S 15
documents 15 Issue a certificate of
amount payable
16 Deposit amounts
exceeding RM5k into
income bearing
account
Developer’s Duties S9 SMA 2013
9 Restrictions and Prohibitions
Not entering into any contract for any period after expiration of Developer’s Management Period - S
9(4)(b) SMA 2013
Not to collect charges or contribution to the sinking fund before opening of a maintenance and sinking
fund account and vacant possession is delivered. S 13(1) SMA 2013
Not to make additional by-laws inconsistent with Third Schedule – S 32(2) SMA 2013
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If there is a private motion filed, give notice of the
private motion to all purchasers and a copy of the notice of the motion shall be displayed on the notice board of the development area at a
conspicuous part of the development area.
Put up a list of the names of the persons who are entitled to
vote
and
allow proxy form be deposited
-Determine the number for quorum.
-If within half an hour, a quorum is not present, those entitled to vote who are
present shall constitute a quorum.
-elect chairman of meeting
-proceed to discuss and/or vote on each motion.
- elect members of JMC
-JMB is established
Elect office bearers (by the members of
the joint management committee)
immediately after conclusion of AGM and prepare the 1st
minutes of meeting of JMC.
(If there is addition or amendment of by-laws), file the additional by-laws and special resolution with the
COB
Cause a minute of resolution passed at the AGM to be displayed on
the notice board
14/21 days before AGM Seven days before AGM 48 hours before AGM At the date of the AGM Immediately after the AGM
14 days after AGM 21 days after AGM
Para. 12(2) Second Schedule SMA
2013
s. 18(3) SMA 2013
Reg. 12(1) SMR 2015
Para. 13 Second Schedule Strata
Management Act 2013 (SMA
2013)
Reg. 12(2) Strata Management
(Maintenance and Management)
Regulations 2015 ( SMR 2015)
Para. 14
Para. 18(5)
Paras 15, 16, 17 2(6) Second Schedule
SMA 2013 and ss. 22(1),
17(1) SMA 2013
Para. 2(5) , 2nd schedule s. 32(6) SMA 2013 Para. 7(2)(b), second schedule
Determine whether
there is an
agenda/motion which
requires a special
resolution.
Prepare:
(a) Form 5 and Proxy
form
(b) poll form
(c) nomination form
(d) corporate
representative form
And send them out
Transferring Duties from Developer to JMB
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JMB files Form 5A (notice of resolution of
confirming charges, contribution to the
sinking fund and rate of inteest determined
by the JMB)
JMB to file with COB certified true copies of
(i) audited acccounts and auditor's report
(ii) resolutions pased; and
(iii) minutes of meetings of the AGM.
During the handover, the
Developer is to prepare Form 4
(handling over by Developer to the
Joint Management Body)
(a) all approved plans;
(b) other drawings;
(c) all contracts;
(d) a copy of the schedule of parcels or the amended schedule of parcels;
(e) the names and addresses of such contractors,
(f) all warranties, manuals, schematic drawings, operating instructions, service guides, manufacturer's documentation
and other similar;
(g) the register of all parcel; and
(h) the original copy of all insurance policies effected under this act
The Developer shall, before the Developer's management period expires:
(a) transfer all balances of money in the Maintenance account and in the Sinking Fund account; and
(b) hand over to the JMB-
(i) the administration office set up by the Developer under paragraph 9(4)(a);
(ii) the audited accounts of the Maintenance account and the Sinking Fund account or, if such accounts have not been audited, the unaudited accounts;
(iii) all the assets and liabilities of the JMB; and
(iv) all records relating to maintenance.
(v) all invoices, receipts and payment vouchers in respect of the Maintenance account and Sinking Fund
account.
28 days after AGM
Reg. 13 SMR 2015
Para. 7(8), 2nd schedule
One month after AGM
s. 15(1),
Reg. 11 SMR 2015
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(only for developer of a development area completed before 1.6.2015 and MC not
established as yet)
Developer to submit to COB Form 8 together with an account audited by an approved company
auditor of all moneys collected and expended for the purpose of the maintenance and management
of the common property and the sinking fund, prior to the establishment of the Joint
Management Body.
If only unaudited accounts have been handed over under
subparagraph (1)(b)(ii), the Developer shall, hand over to
the Joint Management Body the audited accounts up to
the date of transfer of the balances of moneys referred to
in paragraph (1)(a)
3 + 1 months after AGM
s. 15(2) SMA 2013
6 months after AGM
s. 29(1) SMA 2013,
Reg. 16 SMR 2015
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01 Open maintenance
account 02 Open sinking fund
account 03 Convene 1st AGM of
MC
04 Determine charges,
sinking fund, late
payment interest,
05 Effect insurance 06 Comply with notice
Developer’s Duties (Preliminary Management Period) S48(2), 59(1) SMA 2013
14
07 Prepare and maintain a
strata roll 08 Accounts be
maintained and audited 09 Enforce by-laws
10 Separate and distinct
area be set aside for
admin office
11 Keep record of
additional by-laws 12 Pay charges on parcels
which were not sold
Developer’s Duties S48(2), 59(1) SMA 2013
15
13 Hand over to MC and
transfer all balances of
moneys to MC
14 Furnish S 55
documents 15 Issue a certificate of
amount payable
16 Deposit amounts
exceeding RM5k into
income bearing
account
Developer’s Duties S48(2), 59(1) SMA 2013
16 Restrictions and Prohibitions
Not entering into any contract for any period after expiration of Developer’s Management Period
- S 49 SMA 2013
Not to collect charges or contribution to the sinking fund before opening of a maintenance and
sinking fund account and vacant possession is delivered – S 53(1) SMA 2013
Not to make additional by-laws inconsistent with Third Schedule – S 32(2) SMA 2013
Not to borrow moneys or give securities – S 49 SMA 2013
17
If there is a private motion filed, give notice of the
private motion to all purchasers and a copy of the notice of the motion shall be displayed on the
notice board of the development area at a conspicuous part of the
development area.
Put up a list of the names of the persons who are
entitled to vote
and
allow proxy form be deposited
-Determine the number for quorum.
-If within half an hour, a quorum is not present, those entitled to vote who are present shall constitute a
quorum.
-elect chairman of meeting
-proceed to discuss and/or vote on each motion.
- elect members of JMC
-JMB is established
Elect office bearers (by the members of
the joint management committee)
immediately after conclusion of AGM and prepare the 1st minutes of meeting
of JMC.
Cause a minute of resolution passed at
the AGM to be displayed on the
notice board
14/21 days before AGM Seven days before AGM 48 hours before AGM At the date of the AGM Immediately after the AGM
21 days after AGM
Para. 12(2) Second Schedule SMA 2013
s. 57(3) SMA 2013
Reg. 23(1) SMR 2015
Para. 13 Second Schedule Strata
Management Act 2013 (SMA 2013)
Reg. 12(2) Strata Management
(Maintenance and Management)
Regulations 2015 ( SMR 2015)
Para. 14
Para. 18(5)
Paras 15, 16, 17 2(6) Second Schedule SMA 2013
and ss. 22(1)
Para. 2(5) , 2nd schedule Para. 7(2)(b), second schedule
Determine whether
there is an
agenda/motion which
requires a special
resolution.
Prepare:
(a) Form 5 and Proxy
form
(b) poll form
(c) nomination form
(d) corporate
representative form
And send them out
Transferring Duties from Developer to MC
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MC files Form 15 (notice of resolution of confirming
charges, contribution to the sinking fund and rate of
interest determined by the MC)
MC to file with COB certified true copies of
(i) audited accounts and auditor's report
(ii) resolutions passed; and
(iii) minutes of meetings of the AGM.
(a) all approved plans;
(b) other drawings;
(c) all contracts;
(d) a copy of the schedule of parcels or the amended schedule of parcels;
(e) the names and addresses of such contractors, subcontractors
(f) all warranties, manuals, schematic drawings, operating instructions, service guides,
manufacturer’s documentation and other similar information., if any;
Developer to file Form 13 (handing over by Developer to MC)
The Developer shall not later than the date of the expiry of the preliminary management period-
(a) transfer the control of all balances of moneys in the Maintenance Account and in the Sinking Fund,
and
(b) hand over to the management committee of the Management Corporation-
(i) the administration office under subsection 48(3);
(ii) the audited accounts, if such accounts have not been audited, the unaudited accounts;
(iii) all the assets if the Management Corporation; and
(iv) all records related to and necessary for the maintenance and management of the subdivided
building together with:
28 days after AGM
Reg. 24 SMR 2015
Para. 7(8), 2nd schedule
30 days after AGM
S. 70(6) SMA 2013
One month after AGM
s. 55(1) SMA 2013
Reg. 22 SMR 2015
(If there is addition or amendment of by-laws), file the additional by-laws and special
resolution with the COB
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If only unaudited accounts have been handed over to the management committee of the Management Corporation of the audited accounts up to the date of transfer of control of all balances of moneys in the Maintenance Account and Sinking Fund account.
3 + 1 months after AGM
s. 55(2) SMA 2013
Q&A
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