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Joint Management Body

INTRODUCTION

All developmental areas that has been issued strata rights that has part of building or areas being owned and used together with all the residences. These building and areas is known as ‘Joint Asset’ (Harta Bersama) such as stairs, staircases, lifts, roof, water tank, swimming pools and others.

  1. ‘Joint Asset’ (Harta Bersama) has to be managed and maintained to ensure that it can be benefited by all residence. The cost for these purposes has to be burdened by each residence. In order to make management easy, a body which is called Joint Management Body (JMB)/Management Corporation (MC) as a representation of the whole residence has to be created.
  2. This management body need to get mandate from the residence for the purpose of management and maintenance of the Joint Asset. Any judgement from this body needs to be done collectively.

 

ACTIVE ACTS (AKTA) FOR MULTI-STOREY BUILDINGS.

  1. Akta Pengurusan Strata 2013 (Akta 757) dan Peraturan-Peraturan Pengurusan Strata (Penyenggaraan dan Pengurusan) 2015.
  2. Peraturan-peraturan Pengurusan Strata (Tribunal Pengurusan Strata) 2015.
  3. Akta Hakmilik Strata 1985 (Akta 318) & Akta Hakmilik Strata (Pindaan) 2013 (Akta A1450).
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ESTABLISHMENT OF JMB / MC

  1. ​​The responsibility of developer to hold the first meeting
    • The developers are responsible to hold the first meeting for all buyers (JMB) / square(petak) holder (MC)
    • Developers are to provide written notice pertaining to the first meeting for all buyers (JMB) / square(petak) holder (MC) not more than 14 days prior to the meeting.
    • If the developer failed to hold the first meeting within the aforementioned date, Commissioner can appoint a person to hold the meeting within the time stipulated by the Commissioner.
    • Developer has to be responsible in maintenance and management of asset, until the body’s initiation and in accordance to the act (akta) allocation.
    • Any developer not abiding to the of subsection (1) making an offence and can, when prosecuted, fined not more than RM250,000 or imprisoned for not more than 3 years, or both.
    • The committee of JMB / MC consists of Developer (only for JMB) which consist of not less than 3 buyers and not more than 14 buyers that has been chosen in the JMB/MC Annual General Meeting and have been in appointment for not more than 2 years consecutively for the post of Chairman, Secretary and Treasurer whereas 3 consecutive years for Committee Members under the allocation of Perkara 2, Jadual Kedua, Perkara 2, Akta Pengurusan Strata 2013.
  2. Membership of JMB/ MC are as below:
    • Developer (only for JMB)
    • Chairman
    • Secretary
    • Treasurer
    • 11 Committee Member​​
  3. Requirements to be a JMB /MC Committee Members:
    • Square (petak) holder
    • No arrears in maintenance charge
    • Attend in the first meeting of JMB/ Annual General Meeting.
  4. Responsibilities/tasks of JMB/ MC
    • Good maintenance of joint asset and taking care of the joint asset together in excellent manner for betterment.
    • To identify and impose necessary charges for betterment and good joint asset maintenance.
    • Insurancing and keeping the building in insurance as much as the replacement value of the building towards fire, and other risks and as decided by the Body.
    • Utilising the insurance money from the Body to repair and doing any other maintenance works for the building.
    • Abiding any notice or order given or made by the local authorities or any other public authorities which requires stoppage for the joint asset, or those ordering maintenance or other works that has to be done pertaining to the joint asset or any other betterments.
    • Offering and maintain a register for all buyers of the building.
    • Making sure of maintenance accounts and money settlers group accounts audited, and to prepare audited finance report for buyers/square (petak) holders’ acknowledgements.
    • To enforce small laws (undang-undang kecil) for maintenance and good building maintenance.
    • To make any beneficial actions pertaining to the betterment, maintenance and good management of the building.
  5. Power of JMB/ MC
    • To collect the maintenance charge and management from the buyers / square (petak) holders with the rate appropriate to the share unit value for their respective squares.
    • Allowing expenditure for executing maintenance and joint asset management.
    • Reacquire from any buyers/ square holders any amount of money spent by the Body related to the square in abiding to any notice and order that has been stated in paragraph (1)(e).
    • Purchase, rent or others, in attaining movable or immovable asset for the usage of buyers/square holders related to their joint asset benefit.
    • Handling and acquire services of any individual or agent for maintenance and joint asset management of the building.
    • Creating small laws (undang-undang kecil) for maintenance and good joint asset management of the building, and
    • Making any actions as rational as possible for all task executions under this Act (akta).

​​​​​REGISTRATION CHECKLIST OF JMB ACKNOWLEDGEMENT CERTIFICATION WITH THE COB UNIT

  1. Letter from developer/JMB for name confirmation of the Body’s registration certificate.
  2. A completed copy of Sales & Purchase (S&P) – 1 completed copy only for square holder.
  3. A copy of completed square holder registration.
  4. One copy of DMC (Deed & Mutual Covenant) – if available.
  5. A copy for documents for each JMB Committee Members.
  6. Copy of NRIC.
  7. A Copy of Sales & Purchase Agreement containing name and number of house unit.
  8. A copy of the JMB First Meeting minute.
  9. A copy of the JMB First Meeting minute sent to the buyers.
  10. A copy of name list and telephone number of JMB Committee Member.
  11. A copy of voting form for JMB Committee Member appointments.
  12. A copy of voting form for meeting suggestion results – if any.
  13. A copy of square holder attendance on the JMB First Meeting.
  14. A copy of the appointment letter of proxy.
  15. Other accepted documents, such as:
  16. A copy of ownership deed/grant​​