To provide an appropriate receptacle
for postal deliveries.
Meetings of the Management Corporation
The Management Corporation goes into
operation in two stages, namely the initial stage of management and
the stage where the first annual general meeting of the MC has been
convened after the initial period. "Initial period" is defined as the
period commencing on the day on which the MC is formed and ending on
the day on which there proprietors, excluding the proprietor of the
lot who is registered as the proprietor of a parcel or parcels or a
provisional block or blocks the sum of whose share units is a t least
one-third of the aggregate share units.
Upon the formation of the MC, the
original proprietor is duty bound to manage the subdivided building
during the initial period. The original proprietor is required to convene
the First Annual General Meeting of the MC within one month after the
expiration of the initial period. Failure to comply with this requirement
will render the original proprietor liable to prosecution and on conviction
to a fine not exceeding RM1,000/=.
The Meeting shall decide on the following:
amount of contribution towards the
number of council members and election
of council should there be more than 3 parcel owners; and
whether to amend, add or repeal
any by-laws being in force prior to the meeting.
All management corporations must use
the prescribed forms under Strata Titles Act 1985 (Strata Titles Federal
Territory of Kuala Lumpur Rules 1988) in relation to the Annual General
The elected council of the management
corporation is required to file certified true copies of the following
documents together with information on the management corporation with
the Wilayah Persekutuan Kuala Lumpur Land Administrator within 28 days
from the date of the Annual General Meeting;-
The above documents must be submitted
in Bahasa Malaysia. Upon receipt of the minutes of the first AGM, a
'PERAKUAN PERBADANAN PENGURUSAN' will be issued by the WPKL, Land Administrator
under section 39 of the Strata Titles Act 1985.
Subsequent annual general meetings
must be held within 15 months of the previously held meeting to receive
accounts, elect council members and deal with other pertinent matters..
Extraordinary General Meetings may also be held as follows:-
upon a requisition in writing made
by the proprietors who are together entitled to at least one-quarter
of the aggregate share units;
upon receipt of a written directive
from PTG for the transaction of such business as the PTG may direct;
on such other occasion as it thinks
if the PTG is satisfied that the
council has not been properly constituted, he may authorize in writing
any proprietor to convene an extraordinary general meeting for such
purposes as may be approved by the PTG.
The Management Corporation shall establish
a management fund to control, manage and administer common properties,
pay taxes, rates and insurance premiums and also to undertake other
obligations on behalf of the Management Corporation. It is also allowed
to undertake investment activities, as may be approved by a general
meeting. For the purpose of maintaining the management fund accounts,
the Management Corporation, may, at a general meeting:-
decide form time to time the amount
of contribution to be levied on parcel owners according to their respective
parcel share unit/temporary block ratios;
decide on the interest payable by
the parcel owners in respect of late payment of contributions. Interest
payable, however must not exceed 10% per annum.
The management corporation shall maintain
a special account in which shall be paid such portion of the contribution
to the management fund for the purposes of meeting the costs of the
painting of any part of the building
acquisition of any movable property
for use in relation with the common property;
replacement of fixtures and fittings
comprised in any common property; and
any other expenditure to meet a
liability for maintenance or for settling any defaults in payment
by a proprietor.
All management corporation are advised
to keep proper accounting system for issuing/maintaining official receipts,
cash vouchers, ledger and cash book.
The by-laws under the Third Schedule
of Strata Titles Act, 1985 are applicable to all subdivided buildings.
Management corporations may, however,
make additional by-laws and amend such by-laws through special resolution
provided that such by-laws are not in contradiction with the Third Schedule
of the Strata Titles Act, 1985. A copy of the above additional by-laws
for the time being in force must be complied with by all parcel owners
as well as the management corporation. Records of all such by-laws must
be properly kept by Management Corporation for inspection.
Warrant of Attachment
The PTG may grant a warrant of attachment
to a management corporation to enable it to recover money due to it
by a parcel owner who has failed to make payment despite being issued
with written notice. This warrant is issued in Form 7A in accordance
to Section 53A of Strata Titles Act, 1985.
It is the legal obligation of the
management corporation to pay annual rent on the land on which the building
is erected as provided under section 43(1)(j) of the Strata Titles Act,
Failure of Management Corporation
If a proprietor or any of other person
or body having registered interest in a parcel finds that that management
corporation has not functioned satisfactorily, he may file such complaint
to the State Authority to appoint a person or a body to exercise the
powers and to discharge the duties and functions of the management corporation.
If the State Authority is satisfied with the complaint, it may make
such appointment under Section 50 of Strata Titles Act. All expenses
incurred by the person or body appointed shall be charged on the management
fund of the management corporation.
Management Corporation of Low Cost
Management corporation for low-cost
properties is not automatically formed upon opening of strata register,
but only after all parcels have been transferred to buyers. As such,
the original proprietor will still be responsible for the management
of the properties until all parcels are transferred. Original proprietor,
or parcel owners with share unit of more than half of total share unit
of all parcels may apply to the PTG for an order to form a management
Upon formation of the management corporation,
the original proprietor is obliged to convene the first annual general
meeting of the corporation within one month of its formation. The meeting
shall decide on whether the Management Corporation will manage the properties
or to apply to the State Authority to appoint a person or a body to
take over the management of the properties.
Note: A copy of the Guidelines
is given to all Management Corporations operating in Wilayah Persekutuan
Kuala Lumpur by the PTG