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KPKT in process of gazetting exemption for strata management AGMs in 2020

KUALA LUMPUR (Feb 25): The Ministry of Housing and Local Government (KPKT) is in the process of gazetting an exemption for strata managements with regard to their 2020 annual general meetings (AGM) which could not be held due to the implementation of the Movement Control Order (MCO) to curb the spread of the Covid-19 pandemic.

KPKT’s Municipal Services Division (strata management) senior principal assistant Buhairi Jahilan said the ministry was also looking at the feasibility of holding the AGMs online to allow outstanding matters to be resolved.

“The Strata Management Act or Act 757 places the obligation to implement the AGM within a certain period.

"But due to the enforcement of the Prevention and Control of Infectious Diseases Act 1988 or Act 342 which restricts the movement or gathering of people, the AGM could not be held, besides the fact of having to comply with certain standard operating procedures (SOPs)," he said.

He said the feasibility of the AGM was subject to the COVID-19 situation and movement control imposed in the area where the stratified building community was situated, and for example, JMBs and MCs in Recovery MCO (RMCO) areas need to hold an AGM as soon as possible to meet the requirements under Act 757.

Buhairi said this while appearing as a panelist in a webinar organised by the Kuala Lumpur City Hall (DBKL) here, yesterday.

The virtual programme was attended by almost 300 stratified building communities and was officiated by Kuala Lumpur Mayor Datuk Seri Mahadi Che Ngah.

At the same time, Buhairi said there were certain provisions in Act 757 that allowed JMBs and MCs to create their own house rules regarding the COVID-19 pandemic as deemed appropriate.

However, he said, the rules should not exceed what is stipulated under Act 342, and ratification must be done through the AGM.

Therefore, Buhairi hopes that JMBs, MCs and the stratified building community can submit proposals to KPKT or their respective local authorities on improving the SOP for the implementation of the AGM to carry out their responsibilities under Act 757.

“In a test move, the Commissioner of Buildings (COB) under DBKL will be the pilot project to hold an online AGM on Feb 26.

"We hope this will be a starting point so that AGMs that are well organised and in compliance with the rules and requirements of Act 757 can be implemented successfully," he said.

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