FMCO 3.0: Updates to the SOP for Stratified Development by KPKT (1.6.2021 – 14.6.2021)

On 28.5.2021, our Prime Minister Tan Sri Muhyiddin Yassin announced that Malaysia will go into a total lock down from 1.6.2021 to 14.6.2021.

On 1.6.2021, KPKT has issued a revised SOP to tightened the SOP. The official copy can be downloaded below:

The tightened SOP (translated in English) is set out below:

Operational SOPs

  1. Covid-19 Preventive Measures
  • (Management body) is to take temperature of each workers and visitors at the entrance of each strata scheme before entry (temperature above 37.5 degree Celsius or above or those who show symptoms of Covid-19 like sore throat, cough, flu or difficulty in breathing are not allowed to enter);
  • Register by scanning the QR code through the MySejahtera app or record the name, telephone number, date and time upon arrival at the premises in the record book if there is no internet connection is mandatory for purposes of contact tracing;
  • Always practise physical social distancing between 1 meter between individuals;
  • Wash hands with soap and water or use hand sanitizer;
  • Putting on face mask is mandatory at common area;
  • Disinfect surface areas which are contaminated

2. Post / Courier / Delivery –

  • To deliver to the designated area determined by the JMB / MC / Property Manager;
  • Must adhere to the visitor management procedures

3. Defects Management and Maintenance –

  • All repair and maintenance works in respect of common property are allowed subject to the approval of the management body;
  • All repair and maintenance works which involve essential services within a unit / parcel are allowed subject to the approval of the management body

4. Renovation Matters –

  • Renovation work is not allowed;

5. Moving in and Out –

  • Moving matters within a stratafied scheme are not allowed

6. Management Office operations –

  • Management Office operated by property manager in carrying out important matters (essential services) are to be kept to the minimal and render services through the mode one deems fit (transaction through online is encouraged). Management Office is to closed to the public.
  • Management and maintenance capacity of a stratafied scheme involving management office and operational employees are to be capped at 60% (of the workforce) and further subject to latest MKN’s directives;

7. Visitors’ management –

  • All visitors are not allowed to enter into the strata scheme except those who were granted permission or special leave to enter by the management body;
  • Visitors who were granted access are required to adhere to the Covid-19 preventive measures at the security post or any other areas as determined and further to provide information to the management body for purposes of contact tracing;
  • movement of the visitor is limited to the extent to those permissible area in tandem with the original purpose during registration.

8. Service Providers’ Management –

  • Only service providers involved in maintenance and repair works are allowed to enter into a strata scheme;
  • All employees of service providers are required to adhere to the Covid-19 preventive steps at the security post or any other areas determined and further to provide information to the management body for purposes of contact tracing;
  • A proprietor / service provider is required to obtain written approval from the management body for purposes of rendering important services to the common property;
  • Movement of the service provider is limited to the extent of those permissible area submitted during registration and further subject to the visitors’ management procedure

9. Contractors’ management –

  • All contractors / vendors / employees are allowed to enter into a strata scheme to undertake maintenance / management / repair works. Movement of the contractors / vendors / employees are limited to the area involved
  • All contractors / vendors / employees are required to provide details to the management body for purposes of contact tracing before entering into the strata scheme. Contractors / Vendors / employees who are Malaysian national must furnish his ID whereas contractors / vendors / employees who are not Malaysian nationals must furnish their passports or valid work permits with their latest telephone numbers. Contractors / Vendors / employees are required to adhere to the SOP for Construction Sector issued by Ministry of Works.
  • All contractors / vendors / employees are to adhere to the Covid-19 preventive steps at the security post or other areas as determined.
  • All contractors / vendors / employees are required to carry out its services according to the schedule fixed by the management body.

10. Occupants’ management –

  • Occupants are allowed to move within the strata scheme whilst ensuring social distancing of at least 1 meter;
  • All form of religious, sports and recreation and other activities will be subject to the general SOP issued by MKN or Ministry of Health;
  • All form of public/official and social events are not allowed;
  • All form of face-to-face seminars / workshops / conventions / exhibitions are not allowed.

11. Common Property –

  • Operations of all sports and recreational facilities are not allowed and any form of exception will subject to the permissible activities set out in and allowed in the general SOP for sports (downloadable below) and recreation sector under the Ministry of Youth and Sports and Ministry of Health.

12. Meetings of Committee members –

  • Face to face meeting is not allowed but meeting through virtual platform is allowed.

13. Annual General Meeting / Extraordinary General Meeting

  • Face to Face AGM / EGM is not allowed but online meeting through virtual platform is allowed.
  • Must adhere to the procedures set out by MKN

A. AGM / EGM (virtual meeting) (Before it takes place)

  • A Management Body which intends to convene a virtual AGM/EGM online must issue the statutory notice of meeting and copy the Commissioner of Buildings (“COB”).
  • Notice of the meeting shall be issued accordingly (pursuant to Section 144 SMA 2013) whether personally, registered post (to the last known address) or by attaching the notice at a prominent part of the last known address TOGETHER with an email to all parcel owners / proprietors.
  • Notice issued must set out the venue, type of virtual meeting platform, how a person (entitled to vote) may vote at the meeting by electronic means, method in lodging a proxy form and how the virtual meeting will take place;
  • Documents and attachments (as required by law) accompanying the notice of meeting must be served on the proprietors 14 or 21 days before the general meeting (according to the proposed resolutions) whether by way of manually, email, QR Code or other suitable online methods;
  • The list of names of persons entitled to vote must be displayed on the notice board and via the website / social media (if any) at least 48 hours before the general meeting;
  • The management body is advised to upload the AGM/EGM notice to the website/social media, (if have any);
  • Participants must adhere to the COVID-19 Prevention Measures when conducting a virtual meeting;
  • The proxy form and instrument appointing proxy must be deposited by the Proprietor to the management not less than 48 hours before the general meeting, whether manually or online;
  • The management body can set a series of logins or passwords to distinguish proprietors, proxies and observers;
  • The management body must ensure internet connection is in good condition with the minimum speed required to conduct a virtual meeting effectively.

B. AGM / EGM (virtual meeting) (During)

  • The management body must ensure that the virtual meeting platform used is functional. The platform must be able to carry out the following functions ie to accept nomination of candidates, private motions, count the votes accurately, announce voting results and record the proceedings at the general meeting.
  • The platform to be adopted must also be able to take into account the different voting methods , whether through hand or by poll and also capable of tallying of votes corresponding to the share units assigned to each parcel;
  • Registration for an online meeting is open 2 hours before the meeting. If the quorum is not achieved, registration shall continue for a further 30 minute. Any eligible and registered proprietors during these period shall constitute quorum of the meeting.
  • The chairman of the meeting is elected from among the eligible proprietors and shall preside over such meeting until its conclusion. If the appointed chairman fails or refuses to conduct the meeting until the conclusion, a new chairman shall be appointed from among the eligible proprietors;
  • Votes and results must be displayed live on the meeting screen to be viewed by all;
  • The organizing committee of the virtual meeting must be present at the location where the meeting is to be convened.

C. AGM / EGM (virtual meeting (After)

  • The management body must prepare the minutes of the general meeting within the stipulated period. The minutes provided shall be displayed on the notice board of the strata scheme and informed to all.
  • The management body must, within 28 days from the date of the general meeting, submit documents to the COB which include:-
    (i) A copy of the notice of meeting;
    (ii) A copy of the minutes of the meeting;
    (iii) A copy of the attendance record of the proprietors, proxy or representative; and
    (iv) Other documents required by the COB.
  • The COB may direct that an AGM / EGM be re-convened in the event of flaws found in the platform, during the proceedings of the general meeting or any other reasonable grounds raised in a written complaint by a proprietor.

Lai Chee Hoe Profile Photo
Partner at Chee Hoe & Associates. With 10+ years of experience under his belt, he specializes in civil and corporate litigation. He is also the current Chairperson of various Joint Management Bodies.
Disclaimer: The content provided on this website does not constitute legal advice but are for general informational purposes only. It may not be the most up-to-date legal information after the published date. To seek professional legal advice, please check with your lawyer.