HOW TO IMPLEMENT THE BEST PRACTICES AND PROCEDURES FOR STRATA PROPERTY MANAGEMENT
Date: 20 June 2024 (Thursday)
Venue: Concorde Hotel Kuala Lumpur
Organiser: Logic Plus Events
Strategic Partners: Chee Hoe & Associates; BurgieLaw, lexscout
*BOVAEP / LPPEH: 5 CPD HOURS APPLIED
This 1-day intensive seminar cum workshop is the second seminar in our Strata Management Seminar Series for 2024. The main focus of this edition would be to enable participants to learn how to implement the latest best practices and procedures for strata property management.
The speakers will deal with important issues such as: what is the extent of the powers of a Management Corporation; does a Developer exercise the same powers of the Management Corporation; how to deal with critical issues arising from AGMs; how to determine what is common property and how to effectively manage and regulate it; and the process of creating Limited Common Properties and formation of Sub-MCs in an integrated strata scheme.
The KEY TOPICS include:
- Knowing the extent of powers granted to a Management Corporation
- How to deal with critical issues arising from General Meetings
- How to effectively manage and regulate Common Properties
- Understanding the process of creating Limited Common Properties (LCP)
- Formation of Subsidiary Management Corporation (SMC) in an integrated strata scheme
WHO SHOULD ATTEND
- Property Developers
- Members of the management committee
- Members of the joint management committee
- Legal Practitioners / Consultants
- Property Managers
- Local Authorities & Commissioners
- Property Owners
- Valuers, Appraisers and Estate Agents
PROGRAMME
9.00am – 10.30am KNOWING THE EXTENT OF POWERS GRANTED TO A MANAGEMENT CORPORATION
By Lai Chee Hoe
Managing Partner, Chee Hoe & Associates
- What is the extent of the powers of a Management Corporation?
- Does a Developer exercise the same powers of the Management Corporation?
- Are there any case laws which deal with the powers of JMB/MC?
- What happens if a MC acts beyond the powers provided in the Act?
- Can a MC enter into a contract of more than 1 year?
- Can a MC enter into a long lease on a common property?
- Can a MC employ directly to manage the development area?
- Can a MC secure the services of a person or property manager to manage the development area?
- Can a MC amend by-laws?
- Can a MC collect charges by sq feet?
- Can a MC apportion insurances and obtain reimbursements from each purchaser?
10.30am – 11.00am Coffee Break
11.00am – 12.30pm HOW TO DEAL WITH CRITICAL ISSUES ARISING FROM GENERAL MEETINGS
By Lai Chee Hoe
Managing Partner, Chee Hoe & Associates
- Can a parcel owner/proprietor vote when having an outstanding in one of the many units he/she owns?
- Can the parcel owner / proprietor be elected to the JMC or MC if he/she has outstanding charges to one of the many units owned?
- Can a co-proprietor vote if he/she did not lodge a proxy form?
- Does a company require to lodge the company resolution for its company representative to enable him to vote?
- What are the ways a corporate parcel owner can vote?
- Can an absent proprietor be nominated and elected as a member of JMC or MC?
- Is the vacation of office automatic if a JMC or MC members are absent from 3 consecutive meetings?
- Can there by a vacation of office if the chairman of the JMC or MC absents from 3 scheduled meetings?
12.30pm – 1.30pm Networking Lunch
1.30pm – 3.00pm HOW TO EFFECTIVELY MANAGE AND REGULATE COMMON PROPERTIES
By Lai Chee Hoe
Managing Partner, Chee Hoe & Associates
- What is common property?
- What is common facility?
- Does common property equate to common facility?
- Is the location test the correct test?
- Does the MC need to take over all the TNB substation?
- Does the MC need to take over all facilities built on common property?
- Can a developer / MC provide exclusivity to a proprietor to the part of common property?
- What happens if the MC discovers there is a lease entered into by the developer on a common property?
3.00pm – 3.30pm Coffee Break
3.30pm – 5.00pm LIMITED COMMON PROPERTY AND FORMATION OF SUBSIDIARY MANAGEMENT CORPORATION IN AN INTEGRATED STRATA SCHEME
By Sr Looi Kam Seng
Director of Survey and Mapping for the State of Selangor (JUPEM)
- What is “limited common property” (LCP) in the perspective of strata survey
- Development preparation for LCP
- How to prepare the “Special Plan” for LCP
- Formation of Sub-MC (SMC) to manage the LCP
- When to form SMC?
- To what extent can SMCs help to mitigate inequitable share units.
- What are the provisions to form SMC?
- What are the hurdles towards the formation of SMCs?
- The requisite 1st AGM of SMC and EGM of MC.
- Composition of Subsidiary Management Committee and Management Committee
- General meetings and committee meetings of MC and SMC
SPEAKER PROFILE
Lai Chee Hoe
Certificate of Legal Practice (“CLP”) Book-prize winner for General Paper, author of “Strata Management Practice & Procedure” published by CLJ Publication 2019 edition, admitted and enrolled as an Advocate and Solicitor of the High Court of Malaya in 2005.
He sits in the focus committee amending the Strata Management Act 2013 and the Strata Management (Maintenance & Management) Regulations 2015.
He specialises in both civil, corporate and construction litigation in particular strata management and housing development disputes. He provides corporate advisory works and advises developers on strata related pre-emptive actions. He argues complicated strata management issues in court regularly and is constantly sought after to provide trainings and talks. He acts for joint management bodies (JMB), management corporations (MC) and developers.
He is the counsel for Obata Ambak, Vignesh Naidu’s case which recently obtained leave to appeal to the Federal Court on 7 questions of law post Ang Ming Lee. He is also involved in the Gas Malaysia case where the Court of Appeal (and later confirmed by the Federal Court) opined that the responsibility to supply Gas ought not be handed over to the JMB / MC. He also acts for the Bar Council on various cases.
He is empanelled with the Asian International Arbitration Centre (“AIAC”) as a Chartered Arbitrator (fellow of CIArb) and as a Certified Adjudicator. He is also an Associate of the Malaysian Institute of Chartered Secretaries and Administrator.
He also regularly updates Strata related cases on https://blog.burgielaw.com/. He was also the Chairperson of various Management Corporations in Kuala Lumpur and one of the development area he chaired, Solaris Dutamas recently won the best managed property in the mixed development category organised by the Edge.
Sr Looi Kam Seng
Sr Looi is currently the Director of Survey and Mapping for the State of Selangor (JUPEM Selangor). He started serving in the Department of Survey and Mapping for the State of Penang as a Training Surveyor in 1992. He graduated with a Bachelor of Land Surveying from Universiti Teknologi Malaysia (UTM) in 1991 and has over 30 years of experience in the field of Cadastral Surveying.
He is also the pioneer for the department’s cadastral surveying computerization since 1992. Other than Cadastral Surveying, he was also involved in the joint boundaries’ demarcation and survey for Kedah-Perlis-Perak-Penang and the international boundary between Sabah and North Kalimantan.
He is currently involved in various focus groups discussion to facilitate land title survey and strata title survey processes. He is a Registered Land Surveyor since 2011 and a Subject Matter Expert (SME) in Cadastral Surveying.
REGISTRATION FEES
RM890 – Early Bird Registration: Payment received by 14 June 2024
RM990 – Normal Price & HRDC Registration
Full brochure can be downloaded below: