MCO Series

EXCLUSIVE: MCO SERIES: UPDATED FAQs (8.4.2020) prepared by KPKT for a strata scheme

UPDATED: 11.05pm, 8.4.2020

We have recently provided the revised FAQs (as at 7.4.2020) prepared by the Ministry of Housing and Local Authority (Kementerian Perumahan dan Kerajaan Tempatan) (“KPKT”).

On 8.4.2020 (today), KPKT has provided updates to the 7.4.2020’s FAQs and the updated copy can be downloaded below:

The contents remain the same but numbering of paragraphs are rectified to show the correct sequence from Q&As 14 onward. After the re-numbering, issues relating to the maintenance and management of a strata scheme are now provided for in questions and answers 15-35.

Public sanitisation program is responded in answers 46-62.

Lastly, the paragraph relating to strata management tribunal is re-numbered to question and answer 68.

We again took the liberty to translate the Q&As of the portion under the sub-heading “Pengurusan Skim Strata” to English for those who are not well versed in Bahasa Malaysia.

Q15. Can the planned AGM/EGM be convened in a strata scheme during the MCO?

A15. No. All meetings are to be postponed.

Q16. Are the commercial premises, education institutions and nurseries within a strata scheme allowed to open and operate like usual during the MCO period?

A16. No. All commercial premises, education institution and nursery within a strata scheme must be shut except those which involves in providing critical “essential services”.

Q17. Can a management office be opened during the MCO period?

A17. Management Office within a strata scheme can only operate from 8am to 5pm for purposes of ensuring no interruption in providing essential services. Notwithstanding that, the management office is to close and access to public is not allowed during the MCO period to curb the spread of COVID-19. Number of employees of the JMB/MC or building manager who is present at work shall not exceed more than 2 persons at any one time.

View Brochure for Strata Management Seminar 2020 Series 3.

Q18. Can a property manager managing a strata scheme be allowed to operate?

A18. Yes but subject to the guidelines provided in questions and answers 17 and 19.

Q19. What are the steps that a property management, managing agent or building manager must take when operating during the MCO period?

(i) JMB/MC/property management company is required to issue letter of verification to all employees within the strata scheme;

(ii) operation hours are limited to 8am to 5pm ONLY;

(iii) the number of employees of a JMB / MC or property manager shall not exceed 2 persons at any one time during operation hours;

(iv) JMB/MC/property management company shall carry out all active steps to prevent the spread of Covid-19 in ensuring the safety of all employees;

(v) employee / building manager shall practise social distancing of not less than 1 meter from one and another and further carry out steps to avoid the spread, control and sanitisation in light of Covid-19;

(vi) JMB/MC/property management company shall take all necessary steps to curb the spread of Covid-19 in ensuring the safety and health of employees, service providers, residents and all other parties within the strata scheme in line with the directions issued by the Government, from time to time.

Q20. Can common properties like hall, gym, badminton court, swimming pool be allowed to rent out or used during MCO?

A20. No.

Q21. Can renovation works within the strata scheme be carried out during MCO period?

A21. No.

Q22. Can the operations of the management of critical services like water, electricity, security, cleanliness, maintenance of lift, pump system be continued to operate?

A22. Yes. operations mentioned above can be continued.

Q23. If there is damage for instance, incident of a leaked pipe, can works be carried out?

A23. No. Action can only be taken for damage which is critical and affecting the safety of the occupant within the MCO period.

Q24. Can a management committee meeting take place within a strata scheme during the MCO period?

A24. All management committee meetings which involve gathering of persons are not allowed.

A committee meeting through tele-conference however is allowed.

Q25. Can the community within a residential or commercial strata scheme be allowed to move around within the strata scheme during MCO period?

A25. No.

For a residential strata scheme, all movements are to be limited whilst practising social distancing unless it involves providing critical or essential services, like medical, cleanliness and provision of food. For a commercial strata scheme like office building, all employees who are involved in providing essential services, requiring access to office within a strata scheme are made mandatory to wear face mask and reduce all movements from entering and exiting the building. Offices within the strata scheme which carry out essential services are made mandatory to report to the management office to gain smooth access of entry and exit to the building and/or to allow supervision be made by the management.

Q26. How does the maintenance and management of the strata scheme operate when the management office is closed during the MCO period?

A26. Management Office within a strata scheme can only operate from 8am to 5pm for purposes of ensuring no interruption in providing essential services. Notwithstanding that, the management office is to close and access to public is not allowed during the MCO period to curb the spread of COVID-19. Number of employees of the JMB/MC or building manager who is present at work shall not exceed more than 2 persons at any one time.

Q27. Can a sanitisation contractor be allowed to enter to provide services?

A27. Yes. Sanitisation contractor is allowed to enter into the premises / strata scheme to provide services.

Q28. Are visitors allowed to enter into a residential strata scheme eg: condominium?

A28. No. Visitors are not allowed to enter into a residential strata scheme eg: condominium except for circumstances below:

(a) an occupant being a senior citizen who stays alone who requires monitoring. Only immediate children or siblings of the occupant or caretaker are allowed to visit, when necessary;

(b) an occupant being a patient (not a patient of Covid-19 or any other diseases which require notification by virtue of Section 10 Prevention and Control of Infectious Diseases Act 1988) or weak individual who requires frequent monitoring. Only immediate children or siblings of the occupant or caretaker are allowed to visit, when necessary;

(c) An occupant who requires instant medical intervention. Only immediate children or siblings to the occupant or medical practitioners are allowed to visit, if necessary.

(d) cases of death which do not involve Covid-19 or any other diseases requiring notification by virtue of Section 10 Prevention and Control of Infectious Diseases Act 1988. Only immediate children or siblings or caretaker are allowed to visit, when necessary; AND

(e) all visitors are allowed into the residential strata scheme after undergoing a body temperature test. Any visitor whose temperature is above 38 degree Celsius shall not be allowed into the residential strata scheme.

Q29. Are activities of short term rental accommodation like Airbnb or other similar platforms allowed to operate within the residential strata scheme during the MCO period?

A29. No. All activities of short term rental accommodation like Airbnb and similar platforms are not allowed within a residential strata scheme during the MCO period.

Q30. What about post, courier and delivery persons (FoodPanda, Grabfood and etc)

A30. All post personnel, delivery persons (FoodPanda, Grabfood and etc) are allowed to enter into a strata scheme only up to the security guardhouse / security counter) after going through and passing the temperature check, and all post personnel can only enter into the mail box room. All delivery persons with body temperature of more than 38 degree Celsius are not allowed to deliver the goods.

Q31. If there is damage for instance, incident of a leaked pipe or short circuit which result in interruption or suspension of services, can works be carried out?

A31. Yes. Action must be taken immediately since those damages affect the everyday life of the occupants during the MCO period.

Q32. Can an occupant take part in outdoor activities like exercising, jogging etc within a strata scheme?

A32. No. All occupants are required to stay within their respective residential parcels and practise social distancing throughout the MCO period.

Q33. In a commercial strata scheme like office building, are the businesses within the strata scheme allowed to operate?

A33. Only businesses categorised under essential services are allowed. If there are businesses which are non essential services operating within the strata scheme, kindly report to the nearest police station for further action.

Q34. Can moving in and moving out be allowed?

A34. No. Only essential service providers are allowed to be involved in moving in and moving out activities.

Q35. My tenancy has expired and I am forced to move out. Can I be allowed to move out? If not, what can I do?

A35. No. A tenant is encouraged to discuss with the landlord to extend the tenancy after the MCO period ends.

Advertisements

Tribunal of Homebuyer Claims and Strata Management

Q68. Will the cases fixed for hearing before the Tribunal of Homebuyer Claims and Strata Management take place during the MCO period?

A68. No. All hearings will be postponed to a date to be notified later.

Strata Management Seminar 2020 Series 3. View Brochure.
Disclaimer: The content provided on this website does not constitute legal advice but are for general informational purposes only. It may not be the most up-to-date legal information after the published date. To seek professional legal advice, please check with your lawyer.
Lai Chee Hoe
Partner at Chee Hoe & Associates. With 10+ years of experience under his belt, he specializes in civil and corporate litigation. He is also the current Chairperson of various Joint Management Bodies.

Comments