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FMCO 3.0: Updates to SOP and FAQ (as at 11.6.2021*)

After reporting on the FMCO SOP on 1.6.2021 and attaching a copy of the SOP prepared on 31.5.2021, KPKT has revised the SOP on 6.6.2021 and at the same time made available the FAQs.

Both the 6.6.2021 SOP and 3.6.2021 FAQ can be downloaded below:

*After publishing the article on 7.6.2021, KPKT has made amendments to the revised SOP dated 1.6.2021. The amendments made to the 1.6.2021 SOP are confined as follows (the rest of the 6.6.2021 SOP remains the same):

  1. Operational SOPs on Covid-19 preventive measures now omit “occupants”. It now reads:
  • (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);
  • Disinfect surface areas which are easily contaminated.

The 11.6.2021 SOP can be downloaded below:

I. The Revised SOPs are set out below:

Operational SOPs

  1. Covid-19 Preventive Measures
  • (Management body) is to take temperature of each workers, occupants 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 exposed constantly to occupants and contaminated at least 3 times a day*.

2. Post / Courier / Delivery –

  • To deliver to the designated area determined by the JMB / MC / Property Manager;
  • to practise contactless delivery to reduce risk of infection;
  • 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.

TERKINI-KBS-PKP-SOP-Am-Sukan-Rekreasi-Kemaskini-31-Mei-2021-2Download

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.

II. The FAQs are set out below:

Q1. Can the planned AGM/EGM be convened in a strata scheme during the MCO?

A1. All face-to-face AGM/EGMs are not allowed. AGM/EGM can however be convened virtually adhering to the SOP for online AGM issued by MKN.

Q2. Can a face-to-face management committee meeting within a strata scheme be convened during the MCO?

A2. A face-to-face management committee meeting is not allowed. A management committee is encouraged to convene a virtual meeting through online teleconferencing.

Q3. Can the community in a stratified scheme move within the stratified area during the MCO?

A3. The Community can move within the strata scheme to undertake important matters like to stay healthy, to pick up food delivery items and , to attend to cleanliness matters. Notwithstanding that, movement is limited or confined within a stratified scheme whilst practising social distancing and further subject to any directives issued by MKN.

Q4. Are the commercial premises within a stratified scheme allowed to open and operate like usual during the MCO period?

A4. Commercial premises with permissible activities can be opened within a strata scheme. Premises which carry out prohibited activities as provided by the National Security Council are not allowed and should be shut.

Q5. Can a Developer / JMB / MC / Managing Agent / Property manager which manages a strata scheme be allowed to operate with a maximum workforce capacity and can a management office be opened to the public at large during MCO?

A5. The management office can operate with a minimum workforce capacity only rendering essential services in a suitable mode (online transaction is encouraged). Notwithstanding that, the management office is to be shut to the public.

The capacity of the management office and employees undertaking management and maintenance works of a strata scheme is capped at 60% maximum and subject to further directives of MKN. Notwithstanding that, permissible number of employees being present at the management office is capped to a maximum 3 persons subject further to social distancing within the management office.

Q6. Can common properties like hall, meeting room, bbq pit and others be used during MCO?

A6. They are not allowed.

Q7. Can renovation works within a strata scheme be carried out during MCO period?

A7. Not allowed.

Q8. Is there a fixed duration of time given to a contractor in carrying out maintenance or rectification works?

A8. Contractors / vendors / workers are to carry out the works in accordance to the fixed period as determined by the management.

Q9. Can the operations and rectification works carried out in the common property of a strata scheme like supply of water, electricity, security, cleanliness, maintenance of lift, pump system, internet connection be allowed?

A9. Only critical repair works to existing supply and installation are allowed.

Q10. Can repair works be undertaken if there is damage to unit/parcel example incident of a leaked pipe, electrical wiring, faulty air-conditioner and telecommunication line?

A10. Yes. Action can be taken to repair the damages.

Q11. Are visitors allowed to enter into a residential strata scheme like condominium / apartment?

A11. They are not allowed. Visitors can enter into a strata scheme only if he/she has matters or dealings which are allowed set out below:

(a) an occupant being a senior citizen who stays alone requiring monitoring. Only immediate children or siblings of the occupant or caretaker are allowed to visit, when necessary;

(b) an occupant being a patient (not a patient of Covid-19 or any other diseases which require notification by virtue of Section 10 Prevention and Control of Infectious Diseases Act 1988) or weak individual who requires frequent monitoring. Only immediate children or siblings of the occupant or caretaker are allowed to visit, when necessary;

(c) An occupant who requires instant medical intervention. Only immediate children or siblings of the occupant or medical practitioners are allowed to visit, if necessary.

(d) cases of death which do not involve Covid-19 or any other diseases requiring notification by virtue of Section 10 Prevention and Control of Infectious Diseases Act 1988. Only immediate children or siblings or caretaker are allowed to visit, when necessary; 

(e) providers of basic necessities to the occupant / resident who requires assistance from any individual, family or organisation on a condition that such provisions must be informed and prior approval obtained from the developer / JMB / MC or property manager.

Q12. What about post, courier and delivery persons (FoodPanda, Grabfood and etc)?

A12. All post personnel, delivery persons (FoodPanda, Grabfood and etc) are allowed to enter after going through and passing the temperature check to deliver the goods to a location determined by the Developer / JMB / MC / property manager. Management can exercise its discretion to allow the delivery personnel to deliver goods / food directly to the units.

Q13. Can an occupant take part in sport or recreational activities within a strata scheme?

A13. (Yes). Subject to further directives of MKN and SOP for sports and recreation issued by Ministry of Youth and Sports (KBS) (downloadable below)

Q14. Can moving in and moving out be allowed?

A14. Not allowed.

Q15. Can services like part-time maid, new installation of internet / statelite television, house viewing or water filter be allowed in a strata scheme?

A15. Not allowed.

Q16. How does a JMB / MC / property manager apply to operate under management sector during MCO?

A16. Application to operate on behalf of JMB / MC / property manager must be made through the Covid-19 Intelligent Management System (CIMS 3.0) operated by Kementerian Perdagangan Antarabangsa dan Industri (MITI) through the link https://notification.miti.goc.my/login.

Strata Management Seminar 2021 Series 2. View Brochure.
Author
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.