T  e67e22 small

A block of high rise apartment is being build near my block of apartment.
The Main Contractor met my JMB and said he needs at least 70% of residents to consent on a form he prepared before DBKL will approve the work between 7pm and 10 pm.
He assured that the work done during  this period will be not noisy. 

My question - A responsible resident will support development without sacrificing the convenience of residents.
(Q1) Is there a law or by-law for this? If there is what Act and Clause for this?
(Q2) How does a responsible resident respond to this without sacrificing the convenience of residents if there is a requirement to give consent.

Your reply will be share to concerned residents in my apartment block.



SHARE THIS TOPIC


90f80951 e6bd 491d a363 8533bae6d49f small
Joint Management Body (JMB)
During the applicable period, the common property of any building or land intended for subdivision shall be in the hands of a JMB, which shall comprise the developer and the purchasers. Up until now, the maintenance and management of a building intended to be subdivided and the common property ("the maintenance works”) have always been the responsibility of the developer until the MC is formed.
The JMB is a body corporate, having a common seal, and therefore can sue and be sued in its name. The JMB shall be deemed to be dissolved three months from date of the first meeting of the MC.
Duties of JMB
The duties of the JMB are, among others, to:
· maintain the common property and keep it in good serviceable repair;
· fix and impose charges for the maintenance works;
· insure the building and apply insurance moneys received for rebuilding and reinstatement;
· prepare and maintain a register of all purchasers;
· ensure that the Building Maintenance Fund (BMF) is audited and provide financial statements to purchasers; and
· enforce house rules.
Powers of JMB
The JMB is empowered to:
· collect maintenance charges from purchasers;
· authorise expenditure for carrying out the maintenance works;
· recover monies due from purchasers;
· acquire property for use by purchasers in connection with the common property;
· secure the services of a person to undertake the maintenance works; and
· make house rules.
When must JMB be formed?
If the development is completed before April 12, 2007, and vacant possession has been delivered to the purchasers and the MC is not in existence, the JMB must be established not later than April 11, 2008.

However, if the development is completed on or after April 12, 2007 then the JMB shall be formed not later than 12 months from the date of delivery of vacant possession of the parcels to the purchasers.

There are no provisions in the Act to define when a development is completed. In line with the recent amendment to the Street, Drainage and Building Act, 1974, completion should mean the issue of the relevant certificate of completion and compliance.

How to form the JMB?
It is the duty of the developer to convene the first meeting of all purchasers within the time frame set out above. If the developer fails to convene this first meeting, the developer shall be liable to a fine not exceeding RM25,000, or imprisonment for a term not exceeding three months or both. Further, if the developer fails to convene this first meeting, the Commissioner may appoint a person to convene the first meeting.

Until the JMB is established, the developer is responsible for the maintenance works and this includes the responsibility to insure the building against fire and other risks.

First meeting of JMB
At its first meeting, the JMB shall elect a Joint Management Committee (JMC), and then confirm the taking over of insurances effected by developer, determine the amount to be paid by purchasers to the BMF for the maintenance works, determine the rate of interest for late payment of charges and make decisions on any other matter connected with the maintenance works.

The quorum for the first meeting shall be one quarter of the purchasers who have paid maintenance charges to a Building Maintenance Account (BMA). Only purchasers who have paid maintenance charges to the BMA are entitled to vote.

It would appear that the developer is not to be included in the determination of the quorum and is also not a person entitled to vote.

It is not clear whether:

(a) a purchaser is entitled to vote if he had previously paid maintenance charges to the BMA but is at the time of the first meeting in arrears; or

(b) a purchaser who has not paid maintenance charges to the BMA is entitled to attend the meeting or be elected to the JMC, even though he is not entitled to vote.

If within half an hour of the time fixed for the first meeting, no quorum is present, then the members entitled to vote who are present shall form the quorum. Further, if after one hour, no member entitled to vote turns up or all members present refuse to be members of the JMC, the meeting cannot take place, and the developer must inform the Commissioner within the next seven days of the ill-fated meeting.

The Commissioner may then appoint a new date for the first meeting or appoint a managing agent to maintain the common property.

All resolutions at the first meeting shall be decided by a show of hands. Joint purchasers (e.g. husband and wife) are not entitled to vote except by a jointly appointed proxy. However there are no express provisions for a purchaser who is a corporation, to appoint a proxy or a representative, to attend the first meeting and to vote.

If the first meeting is successful, then within 28 days thereafter the JMB must inform the Commissioner of the name of the JMB, and register its name with the Commissioner.

Annual General Meeting (AGM)
The AGM of the JMB shall be held once a year and not more than 15 months shall elapse between date of one AGM and the next AGM. The agenda is to consider the BMF and transact such other businesses as may arise.
Extraordinary General Meeting (EGM)
An EGM may be convened by the JMB, upon requisition in writing made by persons who are registered as purchasers of at least one-quarter of the total number of parcels, or when the JMB receives a direction from the Commissioner to transact a particular business, or on such other occasion as the JMB thinks fit.

The Commissioner may himself, authorise any purchaser to convene an EGM if he is satisfied that the JMB was not properly constituted.

It is pertinent to note that although the Act made provisions for rules to regulate the first meeting of the JMB, there are no provisions on how an AGM or EGM is to be conducted and it is not clear whether the rules on quorum and voting rights for the first meeting of the JMB will apply to an AGM or EGM. Perhaps such rules and other rules to clear up the uncertainties mentioned above will be contained in the Regulations or perhaps the Regulations will empower the JMB to regulate its meetings as they deem fit and proper.

T  e67e22 small

@SummerWong888 
Thanks for your reply. I truly love what you wrote on the role of the JMBs and conditions to form the JMB.

It will be great if you can share on the following ....

A block of high rise apartment is being build near my block of apartment.
The Main Contractor met my JMB Committee and said he needs at least 70% of residents to consent on a form he prepared before DBKL will approve the work between 7pm and 10 pm.
He assured that the work done during this period will be not noisy.

My question - A responsible resident will support development without sacrificing the convenience of residents.
(Q1) Is there a law or by-law for this? If there is what Act and Clause for this?
(Q2) How does a responsible resident respond to this without sacrificing the convenience of residents if there is a requirement to give consent.

Your reply will be share to concerned residents in my apartment block.