MCO Series

(Updated 15.6.2020) HOT: MCO SERIES: LATEST SOP of KPKT for RMCO on STRATA SCHEME – AGM / EGM IS NOW ALLOWED!

The Government has on 7.6.2020 announced that Malaysia will be entering the recovery MCO from 10.6.2020 to 31.8.2020.

A fresh Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 7) Regulations 2020 is also gazzetted on 9.6.2020 (opening more economic sectors) is downloadable below:

The Prohibited Activities set out in the Schedule are:

  1. Organizing sports event and tournament, and sports event and tournament;
  2. Contact sports;
  3. Water theme park and water park activities;
  4. Swimming pool activities (other than swimming pool activities in a swimming pool in a private residence and in a swimming pool for private use in accommodation premises under the Tourism Industry Act 1992 [Act 482]) except for the training of national athletes participating in the Tokyo Olympic Games 2020;
  5. Outbound tour activities by a citizen and inbound tour activities involving foreign tourists entering Malaysia;
  6. Activities in karaoke centers, children’s playground in shopping malls and family entertainment centers;
  7. Activities in pubs and night clubs, except restaurant business in pubs and night clubs;
  8. Fitting of clothes, using fitting rooms in clothes stores, trying on fashion accessories in stores and providing cosmetic testers in stores;
  9. Reflexology and massage activities in a health and beauty establishment;
  10. Cruise ship activities;
  11. Any activity with many people in attendance at a place making it difficult to carry out social distancing and to comply with the directions of the Director General

In this regard, KPKT has also issued fresh guidelines for a Stratified Scheme and one of the major changes would be in allowing a general meeting (AGM / EGM) to be convened by a Developer / JMB / MC.

The full FAQ can be downloaded below.

In essence, the amendments made to the previous SOPs are:

  1. All physical meetings are allowed subject to complying with the Special SOP for AGM/EGM/management committee;
  2. Employees and customers are required to download the MySejahtera Mobile App for contact tracing;
  3. All outdoor and indoor activities are allowed subject to the SOP issued by the Government. All prohibited activities set out by MKN and KKM or other agencies are not allowed to take place;
  4. All facilities under common property can be used subject to SOP issued by the Government.

There is also a separate SOP prepared for purposes of convening a General Meeting and we have taken the liberty to translate them below:

Before the Meeting is convened:

  • Notice of meeting is to be issued and a copy is to be furnished to COB;
  • Parcel Owner / Proprietor / Proxy who wish to attend the meeting is required to download the MySejahtera mobile App in the mobile phone for purposes of contact tracing;
  • The capacity to accommodate attendees / members in a meeting will depend on the size of the venue of meeting taking into account social distancing and notify the parcel owner / proprietor in advance of the capacity of the meeting venue ;
  • Management is to place labels / tags at the meeting venue with a distance of 1 metre in between;
  • Attendance of the general meeting will be on a first come first serve basis should the venue of meeting not able to accommodate all the number of attendees / members;
  • Only attendees / members who have downloaded the My Sejahtera App is allowed to attend the meeting;
  • Parcel owner / proprietor who has arrears is not encouraged to attend and will only be considered be given entry if there are available slots after filling in the valid members;
  • Members who are 60 years old and above or suffer from chronic disease are not encouraged to attend the meeting;
  • The venue of the meeting has to be cleaned and sanitised before the meeting convenes

At the meeting:

  • Body temperature is to be taken before entering into the meeting venue and the temperature is to be recorded. (Members with a body temperature of 37.5 degree Celcius and above or have symptoms of fever, sore throat, cough, breathing difficulties or cold are not allowed to enter)
  • Management is to prepare soap and water or hand sanitizer during the meeting;
  • Members / Attendees are required to activate the Mysejahtera App during the meeting;
  • To practise social distancing within 1 metre among members;
  • Members / Attendees are to wear face mask and if they fail to do so, they will not be allowed to enter into the meeting venue;
  • Meals during and after meeting are not allowed;
  • Meeting should be convened at a fast pace of which the duration should not exceed 4 hours.
  • Only important motions are to be discussed and be decided upon in a meeting and such decision are to be recorded;
  • Management is to ensure that the meeting is convened in a harmonious and orderly manner. Meeting is to end if social distancing is not adhered to or situation becomes out of control.

After the General Meeting:

  • All members / attendees are not allowed to congregate within or outside the meeting venue after the meeting is completed;
  • Meeting venue is to be closed to the public thereafter and cleaning and sanitization should be done after the meeting;
  • Minutes of meeting is to be prepared and resolutions be displayed to the public;
  • Minutes of meeting of an AGM is to be furnished to the COB.

(updated 15.6.2020)

A complete FAQ in Malay is downloadable below:

A complete translation of the FAQ to English is set out below:

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

A1. Yes. Subject to the Special SOP issued by MKN.

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

A2. Yes. All outdoor and indoor activities are allowed subject to the SOP issued by the Government. All prohibited activities set out by MKN and KKM or other agencies are not allowed to take place.

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 approved activities. Premises which carry out prohibited activities as provided by the National Security Council are not allowed and should be shut. (Prohibited activities set out in the schedule can be seen above)

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 its customers. Operation hours of the management office in a commercial strata scheme should follow the respective operational hours whereas a residential strata scheme is to operate from 8am to 5pm only.

Q5. Can common properties like hall, gymnasium, badminton court, swimming pool be allowed to use within this period?

A5. Yes. All facilities under common property can be used subject to SOP issued by the Government. All activities prohibited by MKN, KKM or other agencies are not allowed.

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

A6. Yes. All types of renovation works are allowed. Renovation matters will however require a written approval of the management in a strata scheme and the parcel owner / proprietor should make the necessary queries and checks with the local authorities to determine whether approval (of the local authorities) is also required, when necessary.

Q7. Is there a fixed duration of time given to a contractor in carrying out maintenance or renovation works?

A7. A contractor / vendor / worker is to carry out the works in accordance to the fixed duration of time as follows:

  • commercial strata scheme (retail) – from 10pm to 9am, Mondays to Sundays including gazetted public holidays
  • commercial strata scheme (office) – from 6pm to 9am, Mondays to Sundays including gazetted public holidays
  • residential scheme – from 8am to 5pm, Mondays to Fridays except gazetted public holdays. All works which generate loud noise like drilling works can only be undertaken between 9am to 1pm only.

The contractors are to also adhere to the SOP for construction sector issued by Ministry of Works.

Q8. Can the operations of the management of critical services within a strata scheme like water, electricity, security, cleanliness, maintenance of lift, pump system be continued to operate?

A8. Yes. operations mentioned above can be continued.

Q9. If there is damage for instance, incident of a leaked pipe, can works be carried out?

A9. Yes. Action can be taken to repair the damages.

Q10. I wish to move into an apartment, can I install air-conditioner, kitchen cabinet or undertake works to change the tiles?

A10. Yes. All installation works or hacking works are allowed subject to the written approval obtained from the management of a strata scheme.

Q11. Are visitors allowed to enter into a residential strata scheme like condominium / apartment?

A11. Visitors can enter into a strata scheme only if he/she has matters or dealings which are allowed set out 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 of 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;

(f) all contractors / vendors / workers / service providers / customers or any companies / bodies / individuals which deals with the management or parcel owners / proprietor are allowed to enter into a strata scheme for purposes allowed by the management. All are required to adhere to the procedures drawn up for visitors / service providers / contractors.

(g) for purposes of visiting during approved festivals by the Government, the number of visitors shall not exceed more than 20 persons in a day and not simultaneously (restricted to immediate family and first day of festival only). Number of visitors at any one time ought to be determined by the management depending on the size of residence whilst practising social distancing.

Q12. What about post, courier and delivery persons (FoodPanda, Grabfood and etc)?

A12. 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.

Q13. Can an occupant take part in outdoor activities like exercising, jogging etc within a strata scheme?

A13. Yes. Occupant is allowed to take part in sport activities which do not involve physical contact. All prohibited activities prohibited by the National Security Council, like, sports which involve gathering of supporters, activities in a swimming pool and contact sports like football and basketball are not allowed.

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Q14. Can moving in and moving out be allowed?

A14. Moving in and moving out activities within a strata scheme is allowed. Occupant who is moving (in or out) is required to inform the date of such moving activities to the management. The number of movers allowed will subject to the approval of the management and they are to adhere to the procedures drawn up by the management for visitors / service providers.

Lastly, KPKT has also prepared info graphics setting up the things to do before, during and after a general meeting as below:

Strata Management Seminar 2020 Series 2. 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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