UPDATED: What is the SOP for Strata Scheme during the CMCO (14.10.2020 to 27.10.2020)?

(Updated on 17.10.2020 @ 930am)

Many questions were posed as to which SOP a strata scheme should be adhering to. After getting clarification from KPKT, we were informed that the latest SOP issued during the period of CMCO will be the guide for all strata schemes to refer to. We wrote about the guidelines previously and will not repeat them but to provide you both links below:

(a) comprehensive CMCO guidelines; and

(b) updates to CMCO guidelines

for easy access.

The SOP however must be read in light of any new restrictions imposed by the MKN (general restrictions across all industries) and they can be found below:

* After the article was written, KPKT again has taken the initiative to update its FAQs (for Strata development area) and a copy of the FAQs dated 15.10.2020 is enclosed below:

The Latest FAQs (as at 15.10.2020) are translated to English and set out as follows:

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

A1. No. All AGM/EGMs 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. Having said that, movement in conjunction to festivities and religious activities are subject to the directions and SOP issued by the MKN.

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 in our previous post.)

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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 strata scheme shall adhere to the respective operational hours.

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

A5. No. Having said that, only parking bays are allowed subject to the decision of the AGM/EGM of the management body.

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:

(a) commercial strata scheme (retail and office) – to adhere to the duration and period determined by the JMB / MC or the property manager; and

(b) residential scheme – to adhere to the duration and period determined by the JMB / MC or property manager . Notwithstanding that, all works which generate loud noise like drilling works can only be undertaken between 9am to 1pm only on Mondays to Saturdays except gazetted public holidays.

(c) 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 and damage to the air conditioner, 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) JMB / MC or property manager can exercise its discretion to allow visitors to enter into a strata scheme not exceeding 2 persons at any one time.

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 and does not exceed more than 10 persons like e-sports, brisk walking, jogging, cycling, self aerobic exercise and etc at outdoors. All prohibited activities prohibited by the National Security Council, like, indoor games like gymnasium, activities in a swimming pool and contact sports like football and basketball are not allowed.

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 activity 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.

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Q15. My tenancy has expired and I am forced to move out. Can I be allowed to move out? Can I rent in another scheme?

A15. Yes. A tenant whose tenancy has expired is allowed to move out. Only a tenant who has entered into tenancy agreement with a parcel owner / proprietor is allowed to move in to the strata scheme.

Q16. Can a management committee meeting within a strata scheme be convened 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 social distancing (of 1 metre among committee members) and further to take all measures to curb the spread of Covid-19. Having said that, a management committee is encouraged to convene a virtual meeting through online teleconferencing.

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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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