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UNDERSTANDING THE RULES &
REGULATIONS & BY-LAWS OF THE
STRATA MANAGEMENT ACT 2013
[ACT 757]
Objectives
To provide an overview of the changes
brought by the new Strata Management
Regulations 2015 which will have impact
on Property Management Practitioners
2
Topic 2
Strata Management
(Maintenance and Management)
Regulations 2015 & By-laws
SMR 2015
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
3
SMR 2015
• Effectively enforced on 2nd
June 2015.
• Regulations on
maintenance and
management of strata
titled property under JMB
and MC.
• The contents:
– 19 parts
– 72 regulations
– 3 schedules
4
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Arrangement of Regulations
Parts
1. Preliminary
2. Dealings in building or land intended for subdivision into parcels
3. Assignment of share units where no share units have been assigned
4. Management by developer before existence of MC and before establishment of JMB
5. Management by JMB before establishment of MC
6. Miscellaneous provisions applicable before establishment of MC
7. Management by developer before FAGM of MC
8. Management after FAGM of MC
9. Subsidiary MC and limited common property
10. Miscellaneous provisions applicable to MC and Subsidiary MC
11. Provisions for JMB, MC and subsidiary MC
12. Recovery of sums by attachment of movable property
13. Managing Agent appointed by COB
14. Deposit by developer to rectify defects on common property
15. Inter-floor leakage
16. Damage to party wall
17. Enforcement
18. Offences
19. Miscellaneous
5
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
The schedules
Schedule Details of
schedule
Remarks
First Prescribed fees Fees payable to COB
(10 type of fees)
Second The forms There are about 32 forms
Third By-Laws Regulation 5 and 28
6
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
2nd schedules : The forms
No The
Forms
Regula
tions
Subject Remarks
1 1 6[1] Form to be filed with schedule of
parcels
Developer to COB
2 1A 6[3] Form to be filed with revised schedule
of parcels
Developer to COB
3 2 7[1] Form to be filed with revised schedule
of parcels
Developer to COB
4 2A 7[2] Form to be filed with revised
amended schedule of parcels
Developer to COB
5 3 9 Assignment of allocated share units Developer/JMB/MC/
Managing agent to
COB
6 4 11 Handing over by developer to JMB Developer to JMB
7 5 12 Notice of FAGM of JMB Developer to all
purchasers
7
2nd schedules : The forms
No The
Forms
Regula
tions
Subject Remarks
8 5A 13 Notice of resolution confirming
charges, contribution to the Sinking
Fund and rate of interest determined
by JMB
JMB to all purchasers
9 6 14 Certificate of establishment of the
JMB
Issued by COB
10 7 15 Handing over by JMB to MC JMB to MC
11 8 16 Submission of Audited account of
moneys collected by developer prior
to establishment of JMB
Developer to COB
12 9 18 Register of parcel owners Prepared by
developer/JMB
13 10 19 Certificate of amount payable by
parcel owner or prospective
purchaser
Prepared by
developer/JMB
To person applying for
certificate 8
2nd schedules : The forms
No The
Forms
Regula
tions
Subject Remarks
14 11 20 Notice to demand payment of sum
due by purchaser or parcel owner
Prepared by
developer/JMB
to default
purchaser/parcel owner
15 12 21[2]
&
32[2]
Bond to be given by bank/financial
institution/insurer to
JMB/MC/Subsidiary MC if property
manager is not a registered Property
Manager
Prepared by
bank/financial
institution/insurer to
JMB/MC
16 13 22 Handing over by developer to MC Developer to MC
17 14 23[1] Notice of FAGM of MC MC to all proprietors
(parcel owners)
18 15 24 Notice of resolution confirming
charges, contribution to the Sinking
Fund and rate of interest
determined by MC
MC to all parcel owners
9
2nd schedules : The forms
No The
Forms
Regula
tions
Subject Remarks
19 17 27 Notice of resolution confirming
charges, contribution to the Sinking
Fund and rate of interest
determined by Subsidiary MC
Subsidiary MC to all
parcel owners
20 18 29 Strata roll Prepared by MC
21 19 30[1] Certificate of amount payable by
parcel owner or prospective
proprietor
Prepared by MC
to person applying for
certificate
22 20 31 Notice to demand payment of sum
due by purchaser or parcel owner
Prepared by MC to
default parcel owner
23 21 35[1] Sworn application for warrant
attachment
Developer/JMB/MC/Ma
naging agent/Subsidiary
MC before
Commissioner for Oath.
Submit to COB
10
2nd schedules : The forms
No The
Forms
Regula
tions
Subject Remarks
24 22 40[2] Record and statement of sale Prepared by auctioneer to
defaulting parcel
owner/proprietor
25 23 43[4] Management agreement with
Managing agent appointed by COB
Agreement between
developer/JMB/MC/Subsid
iary MC with managing
agent
26 24 44 Bond to be given by bank/financial
institution/insurer (bond by Managing
Agent appointed by COB)
Prepared by bank/financial
institution/insurer to COB
27 25 46[1] Notice by developer of intention to
deliver vacant possession
Developer to COB
28 26 47 Notice of amount of deposit to rectify
defects in common property
COB to developer
29 27 50[4] Notice of claim against common
property defect account
Parcel owner/
proprietor/JMB/MC/
Subsidiary MC to developer
11
2nd schedules : The forms
No The
Forms
Regula
tions
Subject Remarks
30 28 59 Certificate of inspection of Inter-
floor leakage/damage to a party
wall
developer/JMB/MC/Sub
sidiary MC with
managing agent
31 29 68 Order requiring attendance of any
person
COB to any person
required by COB
32 30 69 Order to provide translation COB to any person
required by COB to
furnish translation of
documents
12
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Third Schedule
By-Laws
13
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Schedule of parcels
• Before developer sale the unit, the developer
shall prepare a schedule of parcel (SP).
• SP can be revised if building plans was
amended by Local Authority.
• SP plan also applies to phased development
(provisional block).
14
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Assignment of share unit where no
share units have been assigned
• For any building sold by developer before SMA and
no share unit has been assigned, COB will require any
person that manage the building to assign share unit
to every each parcel (R:6-7).
15
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Management by developer before JMB and MC
• Handing over from developer to JMB shall be done properly.
• Follow the regulations stated in form 4 (R: 11).
• The checklist:-
– Balance in maintenance account
– Balance in sinking fund
– The keys
– Audited account
– Details of asset
– Maintenance records
– All invoices, receipt, bank statement and etc.
– Copy of approved plan
– Copy of contract documents
– Copy of schedule of parcels
– Details of contractors, services contractors and etc.
– Manuals, warranties, schematic drawings
– Insurance policies
16
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
17
18
Management by JMB
before establishment of
MC
• Developer is obliged to
convene FAGM of JMB
(R:12).
19
20
Certificate of JMB
(R:14)
21
Notice of resolution
confirming charges,
contribution to the
Sinking Fund and rate
of interest determined
by JMB
• Each time after AGM, a
decision on charges/sinking
fund/interest has been made,
within 28 days after the AGM,
JMB has to issue a notice to
confirm the decision to all
proprietor/parcel owners.
22
Handing over JMB
to MC
• Handing over JMB to
MC (R:15).
23
24
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Miscellaneous provisions applicable before
establishment of MC
• For cases building completed before SMA and MC has not
been established, the JMB has to submit audited account not
later than 6 months from date JMB is established (R: 16).
• By-Laws is only bind between purchaser and developer only
during developer’s management period (R:17).
• The JMB and all parcel owners constituting JMB are set out in
the 3rd Schedule (R:17).
25
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
26
27
28
Certificate of amount payable by
parcel owner or prospective
purchaser
Notice to demand
payment of sum due by
purchaser or parcel
owner
29
Services of any person or agent to maintain and
manage common property
• Appointment of managing agent shall be with an agreement (R:21).
• Any person can be managing agent provided he lodged with JMB/MC a
bond to be given by a bank/finance company or insurer.
• Amount of the bond is a sum equivalent to the remuneration or
management fees for a period of 12 months or a sum of R50,000
whichever is higher.
• The bond is not applicable if the managing agent is a registered property
manager.
• Fails to comply:-
– No management agreement
– Fail to lodge bond
– Insufficient bond amount
– Fail to filed to COB copy of agreement and the bond.
Liable to a fine not exceeding RM50,000 or imprisonment for a term not
exceeding 3 years or to both.
30
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
31
Management by developer before FAGM of MC
• Handing over from developer to MC shall be done properly.
• Follow the regulations stated in form 13 (R:22).
• The checklist:-
– Balance in maintenance account
– Balance in sinking fund
– The keys
– Audited account
– Details of asset
– Maintenance records
– All invoices, receipt, bank statement and etc.
– Copy of approved plan
– Copy of contract documents
– Copy of schedule of parcels
– Details of contractors, services contractors and etc.
– Manuals, warranties, schematic drawings
– Insurance policies
32
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
33
34
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Management after
FAGM of MC
• If property upon
HOVP, strata title
is issued;
• Developer is
obliged to
convene FAGM of
MC (R:23).
35
Notice of resolution
confirming charges,
contribution to the
Sinking Fund and rate
of interest determined
by MC
36
• Each time after AGM, a
decision on charges/sinking
fund/interest has been
made, within 28 days after
the AGM, MC has to issue a
notice to confirm the
decision to all
proprietor/parcel owners.
Subsidiary MC (SMC) and limited common property
• FAGM of SMC shall be convened within 1 month after the SMC
established.
• If fail to convene the FAGM, person/body is liable a fine not exceeding
RM50,000 or imprisonment for a term not exceeding 3 years or to both.
37
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
38
By-Laws
• By-Laws effect to every building/parcel and
common property and to bind the MC/SMC
and to bind also all the proprietors
constituting the MC/SMC are set out in the
3rd Schedule.
39
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Strata Roll
• Strata roll is a
register name of all
parcel owner which
constituting the MC.
40
41
Certificate of amount
payable by proprietor or
prospective purchaser
42
Notice to demand
payment of sum
due by proprietor
43
Provisions for JMB, MC and SMC
• For certain reason the immediate family of parcel owner shall be
eligible for election of member of management committee
provided he is at least 21 years old.
• FAGM shall be hell 1 month after the expiry of the initial period.
• Subsequent AGM shall be held one in each year, provided not more
than 15 months shall lapse between the date of AGM and the next.
• Fail to hold any AGM, commits an offence and liable to a fine not
exceeding RM50,000 or imprisonment for a term not exceeding 3
years or to both.
44
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Recovery of sums by attachment of
movable property
The steps (R: 35-42):-
• Any authorized person submit a sworn
application to COB together with a fee.
• Person who execute the warrant
attachment will prepare an inventory of
movable property.
• Auctioneer will be appointed.
• Notification of auction will be served by
the appointed auctioneer.
• Auctioneer will record all sums of money
received at the auction.
• If there is a surplus, a defaulting parcel
owner is required to collect the surplus.
45
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Managing agent appointed by COB
• Any appointment made by COB, shall specify the following
– Period of appointment.
– The fees agree upon the developer/JMB/MC/SMC.
– Details of bond.
46
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Deposit by developer to rectify defects on
common property
• 25 days before HOVP, issue a notice to COB of his intention to
deliver VP.
• Developer has to submit estimated cost of construction.
• COB upon received the notice will determine the amount of
deposit.
• The deposit shall not less than 0.5% of estimated cost or
RM50,000 whichever is higher.
• Developer shall pay the deposit to COB in cash/bank
guarantee upon HOVP.
• The deposit will be placed into Common Property Defects
Account (CPDA) for each of development.
47
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
• Who can claim from CPDA:-
– Purchaser
– JMB
– MC
– SMC
– Managing agent
• COB upon received complaint, will give a notice to developer
requiring to rectify the defects.
• If notice given to developer not complied, COB may appoint
registered architect and etc to evaluate the rectification cost.
• Any expenses incurred will be recovered from CPDA.
48
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Inter-floor leakage
• Refers to any evidence
of dampness, moisture
or water penetration.
• The steps:
– Serve notice by JMB/MC to
affected owner
– Inspection of affected area.
– Determine the cause.
– Determine the party responsible.
49
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Damage to a party
wall
• Refers to wall that is located
between separate parcels.
• Refers to any dampness,
moisture on the wall.
• Provisions relating to inter-
floor leakage applies.
50
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
OFFENCES
Offence Penalty Regulations
Non compliance of schedule
of parcels requirements
Fine not exceeding RM50,000 or
imprisonment not exceeding 3 years or
both
6[5]
Non compliance to request
for certificate of amount
schedule of parcels
requirements
Fine not exceeding RM50,000 or
imprisonment not exceeding 3 years or
both
19[5]
Non compliance to regulation
on appointment of managing
agent
Fine not exceeding RM50,000 or
imprisonment not exceeding 3 years or
both
21[5]
Fail to convene FAGM of
Subsidiary MC
Fine not exceeding RM50,000 or
imprisonment not exceeding 3 years or
both
25[3]
Fail to hold any AGM Fine not exceeding RM50,000 or
imprisonment for a term not exceeding 3
years or to both.
34[2]
51
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Conclusions
• Set a best practice of property maintenance
and management.
• All parties are protected by the law.
• Any non compliance shall be penalised by the
COB.
• Concern on unresolved dispute ie. Inter-floor
leakage and damage to a party wall.
52
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
Thank you
53
UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]

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PSM - Strata Management Regulations 2015

  • 1. UNDERSTANDING THE RULES & REGULATIONS & BY-LAWS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 2. Objectives To provide an overview of the changes brought by the new Strata Management Regulations 2015 which will have impact on Property Management Practitioners 2
  • 3. Topic 2 Strata Management (Maintenance and Management) Regulations 2015 & By-laws SMR 2015 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757] 3
  • 4. SMR 2015 • Effectively enforced on 2nd June 2015. • Regulations on maintenance and management of strata titled property under JMB and MC. • The contents: – 19 parts – 72 regulations – 3 schedules 4 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 5. Arrangement of Regulations Parts 1. Preliminary 2. Dealings in building or land intended for subdivision into parcels 3. Assignment of share units where no share units have been assigned 4. Management by developer before existence of MC and before establishment of JMB 5. Management by JMB before establishment of MC 6. Miscellaneous provisions applicable before establishment of MC 7. Management by developer before FAGM of MC 8. Management after FAGM of MC 9. Subsidiary MC and limited common property 10. Miscellaneous provisions applicable to MC and Subsidiary MC 11. Provisions for JMB, MC and subsidiary MC 12. Recovery of sums by attachment of movable property 13. Managing Agent appointed by COB 14. Deposit by developer to rectify defects on common property 15. Inter-floor leakage 16. Damage to party wall 17. Enforcement 18. Offences 19. Miscellaneous 5 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 6. The schedules Schedule Details of schedule Remarks First Prescribed fees Fees payable to COB (10 type of fees) Second The forms There are about 32 forms Third By-Laws Regulation 5 and 28 6 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 7. 2nd schedules : The forms No The Forms Regula tions Subject Remarks 1 1 6[1] Form to be filed with schedule of parcels Developer to COB 2 1A 6[3] Form to be filed with revised schedule of parcels Developer to COB 3 2 7[1] Form to be filed with revised schedule of parcels Developer to COB 4 2A 7[2] Form to be filed with revised amended schedule of parcels Developer to COB 5 3 9 Assignment of allocated share units Developer/JMB/MC/ Managing agent to COB 6 4 11 Handing over by developer to JMB Developer to JMB 7 5 12 Notice of FAGM of JMB Developer to all purchasers 7
  • 8. 2nd schedules : The forms No The Forms Regula tions Subject Remarks 8 5A 13 Notice of resolution confirming charges, contribution to the Sinking Fund and rate of interest determined by JMB JMB to all purchasers 9 6 14 Certificate of establishment of the JMB Issued by COB 10 7 15 Handing over by JMB to MC JMB to MC 11 8 16 Submission of Audited account of moneys collected by developer prior to establishment of JMB Developer to COB 12 9 18 Register of parcel owners Prepared by developer/JMB 13 10 19 Certificate of amount payable by parcel owner or prospective purchaser Prepared by developer/JMB To person applying for certificate 8
  • 9. 2nd schedules : The forms No The Forms Regula tions Subject Remarks 14 11 20 Notice to demand payment of sum due by purchaser or parcel owner Prepared by developer/JMB to default purchaser/parcel owner 15 12 21[2] & 32[2] Bond to be given by bank/financial institution/insurer to JMB/MC/Subsidiary MC if property manager is not a registered Property Manager Prepared by bank/financial institution/insurer to JMB/MC 16 13 22 Handing over by developer to MC Developer to MC 17 14 23[1] Notice of FAGM of MC MC to all proprietors (parcel owners) 18 15 24 Notice of resolution confirming charges, contribution to the Sinking Fund and rate of interest determined by MC MC to all parcel owners 9
  • 10. 2nd schedules : The forms No The Forms Regula tions Subject Remarks 19 17 27 Notice of resolution confirming charges, contribution to the Sinking Fund and rate of interest determined by Subsidiary MC Subsidiary MC to all parcel owners 20 18 29 Strata roll Prepared by MC 21 19 30[1] Certificate of amount payable by parcel owner or prospective proprietor Prepared by MC to person applying for certificate 22 20 31 Notice to demand payment of sum due by purchaser or parcel owner Prepared by MC to default parcel owner 23 21 35[1] Sworn application for warrant attachment Developer/JMB/MC/Ma naging agent/Subsidiary MC before Commissioner for Oath. Submit to COB 10
  • 11. 2nd schedules : The forms No The Forms Regula tions Subject Remarks 24 22 40[2] Record and statement of sale Prepared by auctioneer to defaulting parcel owner/proprietor 25 23 43[4] Management agreement with Managing agent appointed by COB Agreement between developer/JMB/MC/Subsid iary MC with managing agent 26 24 44 Bond to be given by bank/financial institution/insurer (bond by Managing Agent appointed by COB) Prepared by bank/financial institution/insurer to COB 27 25 46[1] Notice by developer of intention to deliver vacant possession Developer to COB 28 26 47 Notice of amount of deposit to rectify defects in common property COB to developer 29 27 50[4] Notice of claim against common property defect account Parcel owner/ proprietor/JMB/MC/ Subsidiary MC to developer 11
  • 12. 2nd schedules : The forms No The Forms Regula tions Subject Remarks 30 28 59 Certificate of inspection of Inter- floor leakage/damage to a party wall developer/JMB/MC/Sub sidiary MC with managing agent 31 29 68 Order requiring attendance of any person COB to any person required by COB 32 30 69 Order to provide translation COB to any person required by COB to furnish translation of documents 12 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 13. Third Schedule By-Laws 13 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 14. Schedule of parcels • Before developer sale the unit, the developer shall prepare a schedule of parcel (SP). • SP can be revised if building plans was amended by Local Authority. • SP plan also applies to phased development (provisional block). 14 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 15. Assignment of share unit where no share units have been assigned • For any building sold by developer before SMA and no share unit has been assigned, COB will require any person that manage the building to assign share unit to every each parcel (R:6-7). 15 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 16. Management by developer before JMB and MC • Handing over from developer to JMB shall be done properly. • Follow the regulations stated in form 4 (R: 11). • The checklist:- – Balance in maintenance account – Balance in sinking fund – The keys – Audited account – Details of asset – Maintenance records – All invoices, receipt, bank statement and etc. – Copy of approved plan – Copy of contract documents – Copy of schedule of parcels – Details of contractors, services contractors and etc. – Manuals, warranties, schematic drawings – Insurance policies 16 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 17. 17
  • 18. 18
  • 19. Management by JMB before establishment of MC • Developer is obliged to convene FAGM of JMB (R:12). 19
  • 20. 20
  • 22. Notice of resolution confirming charges, contribution to the Sinking Fund and rate of interest determined by JMB • Each time after AGM, a decision on charges/sinking fund/interest has been made, within 28 days after the AGM, JMB has to issue a notice to confirm the decision to all proprietor/parcel owners. 22
  • 23. Handing over JMB to MC • Handing over JMB to MC (R:15). 23
  • 24. 24 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 25. Miscellaneous provisions applicable before establishment of MC • For cases building completed before SMA and MC has not been established, the JMB has to submit audited account not later than 6 months from date JMB is established (R: 16). • By-Laws is only bind between purchaser and developer only during developer’s management period (R:17). • The JMB and all parcel owners constituting JMB are set out in the 3rd Schedule (R:17). 25 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 26. 26
  • 27. 27
  • 28. 28 Certificate of amount payable by parcel owner or prospective purchaser
  • 29. Notice to demand payment of sum due by purchaser or parcel owner 29
  • 30. Services of any person or agent to maintain and manage common property • Appointment of managing agent shall be with an agreement (R:21). • Any person can be managing agent provided he lodged with JMB/MC a bond to be given by a bank/finance company or insurer. • Amount of the bond is a sum equivalent to the remuneration or management fees for a period of 12 months or a sum of R50,000 whichever is higher. • The bond is not applicable if the managing agent is a registered property manager. • Fails to comply:- – No management agreement – Fail to lodge bond – Insufficient bond amount – Fail to filed to COB copy of agreement and the bond. Liable to a fine not exceeding RM50,000 or imprisonment for a term not exceeding 3 years or to both. 30 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 31. 31
  • 32. Management by developer before FAGM of MC • Handing over from developer to MC shall be done properly. • Follow the regulations stated in form 13 (R:22). • The checklist:- – Balance in maintenance account – Balance in sinking fund – The keys – Audited account – Details of asset – Maintenance records – All invoices, receipt, bank statement and etc. – Copy of approved plan – Copy of contract documents – Copy of schedule of parcels – Details of contractors, services contractors and etc. – Manuals, warranties, schematic drawings – Insurance policies 32 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 33. 33
  • 34. 34 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 35. Management after FAGM of MC • If property upon HOVP, strata title is issued; • Developer is obliged to convene FAGM of MC (R:23). 35
  • 36. Notice of resolution confirming charges, contribution to the Sinking Fund and rate of interest determined by MC 36 • Each time after AGM, a decision on charges/sinking fund/interest has been made, within 28 days after the AGM, MC has to issue a notice to confirm the decision to all proprietor/parcel owners.
  • 37. Subsidiary MC (SMC) and limited common property • FAGM of SMC shall be convened within 1 month after the SMC established. • If fail to convene the FAGM, person/body is liable a fine not exceeding RM50,000 or imprisonment for a term not exceeding 3 years or to both. 37 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 38. 38
  • 39. By-Laws • By-Laws effect to every building/parcel and common property and to bind the MC/SMC and to bind also all the proprietors constituting the MC/SMC are set out in the 3rd Schedule. 39 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 40. Strata Roll • Strata roll is a register name of all parcel owner which constituting the MC. 40
  • 41. 41
  • 42. Certificate of amount payable by proprietor or prospective purchaser 42
  • 43. Notice to demand payment of sum due by proprietor 43
  • 44. Provisions for JMB, MC and SMC • For certain reason the immediate family of parcel owner shall be eligible for election of member of management committee provided he is at least 21 years old. • FAGM shall be hell 1 month after the expiry of the initial period. • Subsequent AGM shall be held one in each year, provided not more than 15 months shall lapse between the date of AGM and the next. • Fail to hold any AGM, commits an offence and liable to a fine not exceeding RM50,000 or imprisonment for a term not exceeding 3 years or to both. 44 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 45. Recovery of sums by attachment of movable property The steps (R: 35-42):- • Any authorized person submit a sworn application to COB together with a fee. • Person who execute the warrant attachment will prepare an inventory of movable property. • Auctioneer will be appointed. • Notification of auction will be served by the appointed auctioneer. • Auctioneer will record all sums of money received at the auction. • If there is a surplus, a defaulting parcel owner is required to collect the surplus. 45 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 46. Managing agent appointed by COB • Any appointment made by COB, shall specify the following – Period of appointment. – The fees agree upon the developer/JMB/MC/SMC. – Details of bond. 46 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 47. Deposit by developer to rectify defects on common property • 25 days before HOVP, issue a notice to COB of his intention to deliver VP. • Developer has to submit estimated cost of construction. • COB upon received the notice will determine the amount of deposit. • The deposit shall not less than 0.5% of estimated cost or RM50,000 whichever is higher. • Developer shall pay the deposit to COB in cash/bank guarantee upon HOVP. • The deposit will be placed into Common Property Defects Account (CPDA) for each of development. 47 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 48. • Who can claim from CPDA:- – Purchaser – JMB – MC – SMC – Managing agent • COB upon received complaint, will give a notice to developer requiring to rectify the defects. • If notice given to developer not complied, COB may appoint registered architect and etc to evaluate the rectification cost. • Any expenses incurred will be recovered from CPDA. 48 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 49. Inter-floor leakage • Refers to any evidence of dampness, moisture or water penetration. • The steps: – Serve notice by JMB/MC to affected owner – Inspection of affected area. – Determine the cause. – Determine the party responsible. 49 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 50. Damage to a party wall • Refers to wall that is located between separate parcels. • Refers to any dampness, moisture on the wall. • Provisions relating to inter- floor leakage applies. 50 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 51. OFFENCES Offence Penalty Regulations Non compliance of schedule of parcels requirements Fine not exceeding RM50,000 or imprisonment not exceeding 3 years or both 6[5] Non compliance to request for certificate of amount schedule of parcels requirements Fine not exceeding RM50,000 or imprisonment not exceeding 3 years or both 19[5] Non compliance to regulation on appointment of managing agent Fine not exceeding RM50,000 or imprisonment not exceeding 3 years or both 21[5] Fail to convene FAGM of Subsidiary MC Fine not exceeding RM50,000 or imprisonment not exceeding 3 years or both 25[3] Fail to hold any AGM Fine not exceeding RM50,000 or imprisonment for a term not exceeding 3 years or to both. 34[2] 51 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 52. Conclusions • Set a best practice of property maintenance and management. • All parties are protected by the law. • Any non compliance shall be penalised by the COB. • Concern on unresolved dispute ie. Inter-floor leakage and damage to a party wall. 52 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
  • 53. Thank you 53 UNDERSTANDING THE RULES & REGULATIONS OF THE STRATA MANAGEMENT ACT 2013 [ACT 757]
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