MCO Series

EXCLUSIVE: UPDATED (9 May 2020) GUIDELINES issued by KPKT on a Stratified Development Area

In light of the Conditional MCO (“CMCO”), KPKT has again taken the initiative to revise the FAQs to correspond with a more lenient approach in a stratified development area. The guidelines come in a form of FAQs and they can be seen below (as translated from Bahasa Malaysia to English):

A. STRATA MANAGEMENT SECTOR

Q1. Can the planned AGM/EGM be convened in a strata scheme during the CMCO?

A1. No. All meetings are to be postponed.

Q2. Can the community in a stratified scheme move within the stratified area during the CMCO?

A2. Yes. But the Community should limit its movement within a stratified scheme and practise social distancing.

Q3. Are the commercial premises within a stratified scheme allowed to open and operate like usual during the CMCO period?

A3. Yes. In general, all business premises within a strata scheme can operate subject to the SOP issued by the National Security Council. Premises which carry out prohibited activities are not allowed and should be shut. (Prohibited activities as set out in the schedule which can be seen in our previous post.)

Q4. Can a Developer / JMB / MC / Managing Agent / Property manager which manages a strata scheme be allowed to operate with a maximum workforce capacity and can a management office be opened to the public at large during CMCO?

A4. The management office can operate with a maximum workforce capacity and open to the public at large, subject to practising social distancing of 1 metre among the employees in the management office and further taking all necessary measures to curb Covid-19 during operational hours and dealings with the parcel owners / proprietors. Operation hours of the management office is recommended to be from 8am to 5pm only.

Q5. Can common properties like hall, gymnasium, badminton court, swimming pool be allowed to rent out during CMCO?

A5. No.

Q6. Can renovation works within a strata scheme be carried out during CMCO period?

A6. Yes. However it is allowed only for a commercial strata scheme and landed strata after obtaining the necessary approvals from the local authority and Developer / JMB / MC within a strata scheme. Renovation within a high rise strata scheme is not allowed.

Q7. Can the operations of the management of critical services like water, electricity, security, cleanliness, maintenance of lift, pump system be continued to operate?

A7. Yes. operations mentioned above can be continued.

Q8. If there is damage for instance, incident of a leaked pipe, can works be carried out?

A8. Yes. Works can be carried out to repair the damage. All repair and maintenance works will have to obtain approvals from the local authority and management body (Developer / JMB / MC) within a strata scheme. (We however have reservations over the generalisation of requesting approvals from local authority since most of the maintenance works do not require approvals)

Q9. Are visitors allowed to enter into a residential strata scheme eg: condominium?

A9. 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; 

(e) providers of basic necessities to the occupant / resident who requires assistance from any individual, family or organisation on a condition that such provisions must be informed and prior approval obtained from the developer / JMB / MC or property manager; AND

(f) all the said visitors (above) are allowed into the residential strata scheme after undergoing a body temperature test. Any visitor whose temperature is above 37.5 degree Celsius shall not be allowed into the residential strata scheme.

Q10. 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?

A10. Yes. All short term rental accommodation activities like Airbnb will be allowed in a commercial strata scheme and landed strata only. The parcel owner or proprietor is to inform the management of a strata scheme of the presence of an occupant for purposes of contact tracing and sanitasation must be carried out before taking in an occupant.

Q11. What about post, courier and delivery persons (FoodPanda, Grabfood and etc)?

A11. 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) or a location determined by the Developer / JMB / MC / property manager 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 37.5 degree Celsius are not allowed to deliver the goods.

Q12. Can an occupant take part in outdoor activities like exercising, jogging etc within a strata scheme?

A12. Yes. Occupant is allowed to take part in outdoor activities which do not involve team sports or physical contact. All prohibited activities like, sports which involve gathering of supporters, indoor games like gymnasium, activities in a swimming pool and contact sports like football and basketball are not allowed.

Q13. In a commercial strata scheme like office building, are the businesses within the strata scheme allowed to operate?

A13. Yes. In general, business premises in a strata scheme is allowed to operate subject to the list of approved activities. Premises which are involve in prohibited activities are not allowed and should remain shut.

Q14. Can moving in and moving out be allowed?

A14. No. Only essential service providers are allowed to be involved in moving in and moving out activities. Apart from that, a tenant whose tenancy has expired is allowed to move out.

Q15. My tenancy has expired and I am forced to move out. Can I be allowed to move out? If not, what can I do?

A15. Yes. A tenant whose tenancy has expired is allowed to move out. Apart from that, a tenant who has entered into a tenancy agreement with a landlord is also allowed to move in to the strata scheme.

Q16. Can a management committee meeting be convened within a strata scheme during the CMCO?

A16. A management committee meeting which involves physical gathering is allowed on the condition of not more than 10 persons being present at the meeting venue whilst adhering to the 1 metre social distancing among committee members and further to take all measures to curb Covid-19. Having said that, a management committee is encouraged to convene a virtual meeting through teleconferencing.

17. Negative List

Prohibited activities are set out below:

i moving in and out matters – limited to tenant and essential service providers;

ii matters relating to visitors – not allowed;

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iii short-term lease – confined to commercial and landed strata only; and

iv renovation matters – confined to commercial and landed strata only

View Brochure for Strata Management Seminar 2020 Series 3.
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.

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