Developer Upgrades Common Property

Summary

Under the Strata Management Act 2013 (Act 757) of Malaysia, developers cannot carry out new upgrading works on common property during the preliminary management period without prior approval from the Commissioner of Buildings (COB). The preliminary management period spans from the issuance of the Certificate of Completion and Compliance (CCC) until the first annual general meeting (AGM) of the management corporation. During this time, the developer manages the property. The Joint Management Body (JMB) is formed before the issuance of strata titles, while the Management Corporation (MC) is established after the issuance of strata titles and the opening of the strata register. The MC takes over management from the JMB after the first AGM.

Full Conversation

what is preliminary management period

The preliminary management period is the time from the issuance of the Certificate of Completion and Compliance (CCC) until the first annual general meeting (AGM) of the management corporation. During this period, the developer is responsible for managing the property.
Do you have any other questions about the Strata Management Act or any other legal issues?

does it mean that the strata title is issued and book of strata register is opened therefore the developer is unable to form the JMB.

During the preliminary management period, the Joint Management Body (JMB) cannot be formed. The JMB is formed after the issuance of strata titles and the opening of the strata register.
Would you like more details on this process or have any other questions?

what the differentiate between Joint Management Body and Management corporation

Hi, let me help clarify the difference between a Joint Management Body (JMB) and a Management Corporation (MC) under the Strata Management Act * (Act *):
- Joint Management Body (JMB):
- Formed before the issuance of strata titles.
- Consists of the developer and purchasers.
- Manages and maintains the common property during the preliminary period.
- Management Corporation (MC):
- Established after the issuance of strata titles and the opening of the strata register.
- Comprises all strata title owners.
- Takes over management from the JMB after the first AGM.
Would you like more details on either body or have any other questions?

i need detail detailed explanation , the delivery of vacant possession was on * May * and the strata title is issued during 1st year from vacant possession on * May *.

It sounds like you need more detailed information on the Strata Management Act and the implications of the dates you've provided. Let's break it down:
*. Vacant Possession: * May *
- This is the date you took possession of the property.
*. Strata Title Issued: * May *
- This is within the first year of vacant possession, meaning the strata title was issued relatively quickly.

Key Points:
- Preliminary Management Period:
- Starts from the issuance of the Certificate of Completion and Compliance (CCC) until the first AGM of the management corporation.
- During this period, the developer manages the property.
- Joint Management Body (JMB):
- Formed before the issuance of strata titles.
- Manages the property provisionally.
- Management Corporation (MC):
- Formed after the strata titles are issued and the strata register is opened.
- Comprised of all strata title owners and takes over management from the JMB.

Specifics:
- Since the strata title was issued on * May *, the JMB would not be formed as the strata titles are already in place.

i need to send a letter to explain in detail to an owner on the delivery of vacant possession was on * May * and the strata title is issued during 1st year from vacant possession on * May *. Therefore the first general meeting shall not be required to be convened and on joint management body shall be established under section *(*)(a) as the management corporation have come into existence . The developer shall, during the preliminary management period, exercise the power and perform the duties of the management committee of the management corporation from the time the management corporation comes into existence until the expiry of the preliminary management period when *% aggregate share units been transferred under section *.

Sure, here's a concise letter draft for your needs:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
[Owner's Name]
[Owner's Address]
[City, State, Zip Code]
Subject: Explanation of Management Corporation Formation and Preliminary Management Period
Dear [Owner's Name],
I hope this letter finds you well.
I am writing to explain the details surrounding the delivery of vacant possession and the subsequent issuance of strata titles for the property.
*. Delivery of Vacant Possession: The property was delivered into vacant possession on * May *.
*. Issuance of Strata Titles: The strata title was issued within the first year from vacant possession, on * May *.

Key Points:
- Management Corporation Formation: As per Section *(*)(a) of the Strata Management Act * (Act *), because the strata titles have been issued, the management corporation has come into existence. Therefore, the first general meeting is not required to be convened, and a Joint Management Body (JMB) will not be

Developer Upgrades Common Property

Summary

Full Conversation

Related Chats