Exemption for 2020 strata management AGMs to be gazetted, says ministry
By: Ryan Lee
KUALA LUMPUR: The housing and local government ministry is in the process of gazetting an exemption for strata managements with regard to their 2020 annual general meetings (AGMs) which could not be held due to the implementation of the movement control order (MCO) to curb the spread of the Covid-19 pandemic.
The ministry’s municipal services division (strata management) senior principal assistant Buhairi Jahilan said the ministry was also looking at the feasibility of holding the AGMs online to allow outstanding matters to be resolved.
“The Strata Management Act or Act 757 places the obligation to implement the AGM within a certain period.
“But due to the enforcement of the Prevention and Control of Infectious Diseases Act 1988 or Act 342 which restricts the movement or gathering of people, the AGM could not be held, besides the fact of having to comply with certain standard operating procedures,” he said.
He said the feasibility of the AGM was subject to the Covid-19 situation and movement control imposed in the area where the stratified building community was situated, and for example, JMBs and MCs in recovery MCO areas need to hold an AGM as soon as possible to meet the requirements under Act 757.
Buhairi said this while appearing as a panellist in a webinar organised by the Kuala Lumpur City Hall (DBKL) here, today.
The virtual programme was attended by almost 300 stratified building communities and was officiated by Kuala Lumpur mayor Mahadi Che Ngah.
At the same time, Buhairi said there were certain provisions in Act 757 that allowed JMBs and MCs to create their own house rules regarding the Covid-19 pandemic as deemed appropriate.
However, he said, the rules should not exceed what is stipulated under Act 342, and ratification must be done through the AGM.
Therefore, Buhairi hopes that JMBs, MCs and the stratified building community can submit proposals to the ministry or their respective local authorities on improving the SOP for the implementation of the AGM to carry out their responsibilities under Act 757.
“In a test move, the Commissioner of Buildings under DBKL will be the pilot project to hold an online AGM on Feb 26.
“We hope this will be a starting point so that AGMs that are well organised and in compliance with the rules and requirements of Act 757 can be implemented successfully,” he said.
Source : https://www.freemalaysiatoday.com/category/nation/2021/02/24/exemption-for-2020-strata-management-agms-to-be-gazetted-says-ministry/
Sanjay A.k.
September 3, 2021 at 11:54 amOur Strata Property Agm was held in March and April MCO 3.0 was announced and since the COB was not reachable at office for submission of the AGM Minutes Approval.Till to date COB is unreachable and can the MC under the pandemic act or provisions display the AGM Notice without COB approval or such is not prossible till the pandemic is sustained and COB is back in communication with the various JMB or MC in Malaysia? Can stratified owners sue or take the JMB or MC to Tribunal Court due to these?
BH Lim
September 14, 2021 at 3:03 amUnder the SMA there is no provisions for online AGM/EGM and it has to be only physical meeting. What will happen if an owner challenge it since there is no amendment to the SMA Ito allow online AGM/EGM.
Tq
Sunitha
January 12, 2022 at 11:03 amUnder the Strata Akta can an MC Council members revoke themselves as relected JMB and had an AGM with the Liquidator presence and also carried out MC minutes , by which under an hidden agenda a Cleaning Company with a Subsidiary Licence trying to force themselves into an Apartment at Johor called Marina Polo Park Apartment from 5May 2019 without any percentage from the Owners to manage this place by some Council members who had got their hands on the funds by CIMB by which they should pursue to MC , the certificate menyokong by COB and they also needs rasuah to check mate them by collecting a bond of Rm82000/- and funded by MBJB Rm.20000/- for Community Gardern but no transparency but Chairlady abused powers making Chilli farm yearly Rm 60000/- , Zone C house burnt down insurance liability but the amount given were gone not known. Now AGM 18/12/21 done asking KPKT to get them dissolved as we were the witness no one show up, our building rundown ,dome leaking , Swimming pool closed too much of rundowns we are waiting for a good Samaritan to check on this as 2018 to 2021 no Auditing Accounts not done all of them are been closed up by COB. Thinking Owners are jealous it’s nothing of that sort seeking help to re- construct the whole AGM physical and Zoom for investors Singapore to pour in their grievances due to invoices not updated to them but thrown in postboxes. Why this Management GFM Johor and Council still hold onto the powers and manage still ? , there is something fishy , Rasuah should come in by the KPKT higher Officials we appeal , call me for documents to refer. 0149891028
Sunitha
January 12, 2022 at 11:07 amUnder the Strata Akta can an MC Council members revoke themselves as relected JMB and had an AGM with the Liquidator presence and also carried out MC minutes can KPKT dissolve this by doing an EGM. As we are all Stratafied Owners.
Nur Syakirin Ho
June 16, 2022 at 5:14 amCan a former owner be a Council Member after transferring the property ownership to his children.
Is he a legitimate CM if the children wrote a LETTER to JMB that stated they wanted him to represent them as the father is still living in the said unit.