STRATA MANAGEMENT SERIES 4 of 2024: HOW TO DEAL WITH THE LATEST KEY ISSUES FACED BY DEVELOPERS, JOINT MANAGEMENT COMMITTEE AND MANAGEMENT COMMITTEE

Strata Management Seminar Series 4

Date:  14 NOVEMBER 2024 (Thursday)

Venue: Concorde Hotel Kuala Lumpur

Organiser: Logic Plus Events

Strategic Partners: Chee Hoe & AssociatesBurgieLawLexscout

*BOVAEP / LPPEH: 5 CPD HOURS APPLIED

This 1-day intensive seminar cum workshop is the final seminar in our Strata Management Seminar Series for 2024. The focus of this edition would be to equip participants with the knowledge and solutions to deal with the some of the key issues faced by developers, joint management committee, management corporation and managing agents.

The speakers will deal with important issues such as: what are the mechanisms in claiming from the common property defects account; how does a developer deal with a claim made against the common property defects account; can you use the monies in the maintenance account to repair defects during the DLP; what are the impacts of share units to a strata scheme; and what are the proposed amendments to the Strata Management Act and its implications.

The KEY TOPICS include:

  • How to deal with defects of common property during the Defect Liability Period?
  • How to ensure proper usage of monies in the Maintenance and Sinking Fund Accounts
  • What are the factors the Land and Mines (PTG) Office considers when approving the application for Certificate of Share Unit Formula?
  • Insights into the proposed changes to the Strata Management Act and its implications
  • Recent landmark decisions affecting strata management

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           HOW TO DEAL WITH DEFECTS OF COMMON PROPERTY DURING THE DEFECT LIABILITY PERIOD?

                                                By Lai Chee Hoe

Managing Partner, Chee Hoe & Associates

  • What amounts to defects?
  • What is a common property defects account?
  • Who can claim from the common property defects account?
  • What are the mechanisms in claiming from the common property defects account?
  • How does a developer deal with a claim made against the common property defects account?
  • How long can a purchaser claim defects from developer?
  • What are the defect liability mechanisms?

10.30am – 11.00am         Coffee Break

11.00am – 12.30pm        HOW TO ENSURE PROPER USAGE OF MONIES IN THE MAINTENANCE AND SINKING FUND ACCOUNTS

                                                By Lai Chee Hoe

Managing Partner, Chee Hoe & Associates

  • Can you use the monies in the maintenance account to repairs defects during the DLP
  • Can you use the monies in the maintenance account to repair inter-floor leakage
  • Can you use the monies in the maintenance account to repair damage to party wall?
  • What are the permissible uses of maintenance accounts?
  • What are the permissible uses of sinking fund accounts?
  • When is it necessary to obtain approval from the general body for usage of maintenance account / sinking fund? Can the use of funds be decided by the Management Committee?
  • What are consequences if usage of funds is outside the scope of the Strata Management Act 2013?
  • What are the monies that should be paid into the maintenance accounts?
  • What about moneys derived from renting out the alfresco area?
  • What about moneys derived from advertisement boards?
  • Can a developer use the funds to organize events or purchase festival items?

12.30pm – 1.30pm           Networking Lunch

1.30pm – 3.00pm             WHAT ARE THE FACTORS THE LAND AND MINES (PTG) OFFICE TAKES INTO ACCOUNT WHEN APPROVING THE APPLICATION FOR CERTIFICATE OF SHARE UNIT FORMULA?

                                                By Farhan Hassan

Deputy Land Administrator and Registrar, Putrajaya Federal Territories Land and Mines Directors Office

  • What are the impacts of share units to a strata scheme 
  • What is the share unit formula provided for under the State Strata Title Rules
  • What does it mean by the proposed share units must be equitable?
  • How does PTG deem the share units assigned are equitable
  • Does PTG have the power to determine other share unit formulas which are more equitable?

3.00pm – 3.30pm             Tea Break

3.30pm – 5.00pm             INSIGHTS INTO THE PROPOSED CHANGES TO THE STRATA MANAGEMENT ACT AND ITS IMPLICATIONS

By Lai Chee Hoe

Managing Partner, Chee Hoe & Associates

  • Can a strata scheme adopt electronic voting during a general meeting?
  • Can a strata scheme adopt electronic voting during a committee meeting?
  • What is the difference between a virtual / hybrid meeting?
  • Are virtual or hybrid meeting allowed in a general meeting of a strata scheme?
  • What is the current mode of service for a notice of a general meeting?
  • Can we substitute the current mode of service through email / whatsapp / social media platform?
  • Do we need to deposit a hard copy of a private motion to the relevant office?
  • Can we send the proxy form, private motion through email / whatsapp / social media platform?

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.

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:

  1. Obata Ambak v Prema Bonanza which the Federal Court (with a panel of 5 judges) delivered a landmark decision distinguishing Ang Ming Lee.
  2. 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;
  3. 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/

Farhan Hassan

Mr Farhan is currently the Deputy Land Administrator and Registrar under the Putrajaya Federal Territories Land and Mine Directors Office. He has been an administrative and diplomatic officer since 2008, and he has been highly involved with law/policy making, engagement with industrial players on strata title registration and businesses including those involving transit-oriented development. He was also part of the focus group discussion on the revision of the National Land Code and Strata Title Act 1985.

He earned a Bachelor of Consumer Studies in 2008 and a Master of Land Resource Management in 2020 from the University of Putra Malaysia. He also has wide experience in giving talks, sharing knowledge and advises on various topics involving strata development and title registration, land revenue and alternative approaches to arrear collection.

REGISTRATION FEES

RM890 – Early Bird Registration: Payment received by 8 November 2024

RM990 – Normal Price & HRDC Registration

Full brochure can be downloaded below:

Lai Chee Hoe Profile Photo
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.
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