Page 15 - Surveyor 54.3 and 4

Mixed Use Development in Malaysia – Issues for Management

Vol.54 No.3 & 4 2019

Special Plan by EGM on Comprehensive
EGM Poll Result Cert of SMC Handover
Land Surveyor Resolution

MC MC & SMC

Figure 1: Formation of subsidiary management corporation

the Extraordinary General Meeting the SMA 2013 (Act 757) Section 64 In view of the Strata Titles Act 1985,
(EGM) to reach to a comprehensive (3), the SMC without the prejudice the power of COB as stated in the
resolution on a special strata plan to the subjects in subsection (1), the STA generally relates to the role of
which will then clearly define the SMC shall: monitoring the duties of the MC.
boundaries of the limited common After an application made by the MC,
properties. The strata plan is then i. Establish a SMC maintenance the COB will have to appoint a person
submitted by the MC and copy of the and sinking fund account. to convene the first AGM of the MC
comprehensive resolution and poll and the COB are also in a position
result to the Director of Land & Mines ii. Inform proprietors of the SMC to to make sure that the AGM will be
who will duly issue a Certificate for pay charges and sinking fund. carried out smoothly in addition to
the establishment of SMC. iii. Enforce the by-laws for the the handling of the accounts and
limited common property. sinking fund from the JMB period.
An example of this scenario is a Moreover, the COB is also given
mixed development of residences iv. Manage, control and administrate the power to instruct in subject to
and hotels, the residences will be the limited common property. any application made by the parcel
using only certain lifts to access their owners or the original proprietor
residential units, and the central-air 2.9. Commissioner of into appointing a managing agent.
conditioning are exclusive use of However, the COB can replace the
the hotel proprietors. The Limited Building managing agent if there is any
Common Property will be a suitable The Commissioner of Building, complaint in regards to the existing
choice for developments with mixed who is appointed by the state managing agent. Other duties of
uses with a mixture of residential authority, administers and carries the COB also include in approving
and non-residential parcels, out provisions from two statutes the allocation of share units in the
especially when different common which are the Strata Management multi-storey building intended for
properties will have different sets of Act 2013 (Act 757) and Parts V1 subdivision and advice on planning.
requirements in relation to proper and VII of the Strata Titles Act 198. Among the most important roles of
maintenance and service among The roles and responsibility of the a COB is however still to attend to
these common properties (Tay et al., COB is to make sure that the MC is complaints from various parties in
2015). doing their job by maintaining and a strata development and resolve
managing the building and common the disputes through mediation. All
2.8.1. Duties and Powers of property in a good and serviceable in all, the roles of the COB cover a
the Subsidiary Management repair such that the building is in wide range of jobs as an increasing
Corporation a good and clean condition at all number of strata developments has
Other than having the same powers times in compliance with the laws been increasing which will obviously
and duties as the MC except that and regulations as stated in both of need a huge and competent number
SMC only involved with matters in the statutes stated above (Shukri & of staff to help in administer, regulate
relation to the Limited Common Maidin, 2010). and mediate the laws and issues
Property designated, according to regarding the strata development.
(Mohamad & Sufian, 2013).

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