Date: 28 August 2024 (Wednesday)
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 third seminar in our Strata Management Seminar Series for 2024. The focus of this edition would be to enable participants to learn how to ensure the proper maintenance and management of buildings and common property.
The speaker will deal with important issues such as: knowing the extent of powers granted to a developer during preliminary management period; what are prescribed by-laws and what are the areas of by-laws you can amend or make additions to; what are the proper procedures to conduct management committee meetings; what are the main ingredients when introducing different rates of charges and what is the new test introduced in the Pearl Suria’s case.
The KEY TOPICS include:
- Knowing the extent of powers granted to a Developer during Preliminary Management Period
- How does a Developer navigate pre-scribed by-laws and its application
- How to effectively introduce, amend and enforce additional by-laws
- How to effectively conduct Management Committee Meetings
- Uniform Rate vs Different Rates of Charges
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 DEVELOPER DURING PRELIMINARY MANAGEMENT PERIOD
- What is the extent of the powers of a Developer?
- What happens if a developer acts beyond the powers provided in the Act?
- Can a Developer enter into a contract of more than 1 year?
- Can a Developer enter into a long lease on a common property?
- Can a Developer employ directly to manage the development area?
- Can a Developer secure the services of a person or property manager to manage the development area?
- Can a Developer amend by-laws?
- Can a Developer collect charges by sq feet?
- Can a Developer apportion insurances and obtain reimbursements from each purchaser?
- What if a Developer did not provide an administration office?
10.30am – 11.00am Coffee Break
11.00am – 12.00pm HOW DOES A DEVELOPER NAVIGATE PRE-SCRIBED BY-LAWS AND ITS APPLICATION
- What are prescribed by-laws?
- Does it apply to occupants and tenants?
- Does it apply to Developer’s Management Period?
- Does it apply to Preliminary Management Period?
- Can the prescribed by-laws be varied?
- Does the prescribe by-laws apply to a non-residential component?
12.00pm – 1.00pm HOW TO EFFECTIVELY INTRODUCE, AMEND AND ENFORCE ADDITIONAL BY-LAWS
- Can a Developer introduce by-laws during Developer’s Management Period?
- Can a developer introduce additional by-laws during Preliminary Management Period?
- What are the areas of by-laws you can amend or make additions to?
- Do the by-laws bind the tenant or occupier?
- Can a proprietor inspect the by-laws?
- What are the restrictions to introducing additional by-laws?
1.00pm – 2.00pm Networking Lunch
2.00pm – 3.30pm HOW TO EFFECTIVELY CONDUCT MANAGEMENT COMMITTEE MEETINGS
- What is the difference between a Management Committee Meeting and a General Meeting?
- Does one need to provide notices before convening a Management Committee Meeting?
- How does one achieve quorum in a Management Committee Meeting?
- Can decision be made without quorum achieved?
- How does one cast vote in a Management Committee Meeting?
- Can one raise an agenda not included in the notice of meeting?
- How can vote in a Management Committee Meeting?
- Can we vote by poll in a Management Committee Meeting?
3.30pm – 4.00pm Tea Break
4.00pm – 5.30pm UNIFORM RATE VS DIFFERENT RATES OF CHARGES
- What is “uniform rate”?
- What is different “rates of charges”?
- What is the new test introduced in the Pearl Suria’s case?
- What are the main ingredients in introducing different rates of charges?
- Can we introduce different rates within the same component?
- Can a developer introduce different rates of charges during Developer’s Management Period?
- Can a developer introduce different rates of charges during Preliminary Management Period?
SPEAKER PROFILE
Lai Chee Hoe
A 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.
In year 2019, he sat on the previous focus committee amending the Strata Management Act 2013 and the Strata Management (Maintenance & Management) Regulations 2015. In year 2024, he was appointed by the Ministry of Housing and Local Government as one of the panel of advisor to assist in the amendments to the Housing Development (Control and Licensing) Act 1966 [Act 118] and Strata Management Act 2015. [Act 757]
He specialises in strata management and housing development disputes. He also advises developers on strata related pre-emptive actions and provide comprehensive advisory from the stage of SIFUS and drawing up the schedule of parcels.
He argues complicated strata management issues in court regularly and is constantly sought after to provide training and talks. He acts for joint management bodies (JMB), management corporations (MC) and developers.
He is the main counsel for:
- Obata Ambak v Prema Bonanza which the Federal Court (with a panel of 5 judges) delivered a landmark decision distinguishing Ang Ming Lee.
- Pearl Suria case where the Court of Appeal (and leave was not allowed in the Federal Court) delivered a landmark decision in allowing a developer (during preliminary management period) and Management Corporation to apply different rates of charges;
- Gas Malaysia case where the Court of Appeal (and later affirmed by the Federal Court) opined that the Management Corporation has no power to supply Gas to the development area.
He also acts for the Bar Council on various cases. He also regularly updates Strata related cases on https://blog.burgielaw.com/
REGISTRATION FEES
RM890 – Early Bird Registration: Payment received by 23 August 2024
RM990 – Normal Price & HRDC Registration
Full brochure can be downloaded below:
