Wednesday, February 11, 2015

Calling for the formation of the MC and 1st AGM

We have recently been informed by the Developer that as per an ongoing Strata Title search; approximately 46% of total owners have registered their strata title ownership.

In accordance with Section 41 of Act 318, the Developer as original proprietor would be convening the first AGM to form the MC. This AGM will be held on Saturday 28 March 2015 at 10:30 in the MPH.

As per the information received from the Developer the following agenda has been set:
  1. To decide whether to confirm, vary or extend the insurances effected by the Management Corporation 
  2. To decide whether to confirm or vary any amounts as contributions to the management fund 
  3. To determine the number of members for the council and to elect the council where there are more than three proprietors 
  4. To decide whether to amend the additional by-laws in force immediately before the holding of the meeting 
  5. To present the Audited Accounts for the financial year ended 31 December 2013
The agenda provided is slightly different to that required under Act 318 Section 41(5) therefore a revision of the agenda by the Developer is likely.

Please note that the running of the meeting including the agenda and communication is the sole responsibility of the Developer. Under Act 318 Section 41(4), the original proprietor shall give a written notice of the first annual general meeting to all parcel proprietors constituting the management corporation not less than fourteen days before the meeting.

Some points to note:
  • We have been advised that the Developer will be sending the notices to registered parcel owners at the beginning of March. At the moment the Developer hasn’t advised on whether they will inform owners who have who have yet to receive their Strata Titles.  
  • As per Act 318, only owners who have received their Strata titles may vote and the Developer hasn’t confirmed whether those who have yet to receive their titles may attend as observers. Once this has been clarified we will endeavour to keep you updated. 
  • Following the formation of the MC, they will take over the running of our condo and the JMB will have to transfer all funds to the MC within 1 month and the JMB shall be deemed to be dissolved three months from the date of the first meeting of the MC i.e. the AGM. 
  • Both Act 663 and 318 will be replaced in the near future by Act 757 once this has been gazetted by DBKL. The new Act 757 will complement Act 318. Act 757 shall be read and construed with Act 318 and the legislation made under that Act in so far as they are not inconsistent with the provisions of this Act or the regulations made under this new Act. There will no longer be Act 663 once Act 757 comes into existence. 
  • Act 663 and Act 318 are almost similar however the latter is managed by the owners and there is no participation by the Developer as in Act 663 they have a mandatory position in the committee 
  • The planned JMB AGM scheduled in April has been superseded by the formation of the MC. VII. The contact details of our Developer are as follows:
Setapak Heights Development Sdn. Bhd. (36615-x)
332A-18, 18th Floor, Plaza Ampang City
Jalan Ampang
50450 Kuala Lumpur
Tel: 03-48107790/91



Thank you for your attention to this matter
Villa Wangsamas JMC