Additional By-law Procedure

Question

I (a strata unit owner) wish to introduce additional by-law. What are the procedures?

Answer

You could submit your proposed additional By-laws to the Chairman of the Management Committee by way of a motion.

Any proprietor may, by notice in writing deposit at the registered office of the management corporation not less than 7 days before the time for holding the meeting, require inclusion of a motion as set out in such notice in the agenda of the next general meeting of the management corporation [Paragraph 13(1), Second Schedule, SMA].

Upon receipt of the notice under subparagraph 13(1), the management committee shall include the motion in the agenda of next general meeting and the notice of the motion shall be displayed on the notice board of the management corporation [Paragraph 13(2), Second Schedule, SMA]

Please make sure that your motion containing your proposal is submitted not later than 7 days before the general meeting.

Below is a sample letter proposing additional By-law:

The Chairman
The Management Committee
The Management Committee of Kiara Residences

Dear Sir

Requisition for Motion
Additional By-laws

Pursuant to Paragraph 13(1), Second Schedule of the Strata Management Act, I _________________________________ (full name), a proprietor of Parcel No./Unit No. ___________ hereby submit a motion for the additional by-laws to be tabled at the forthcoming general meeting for approval.

The proposed additional By-laws which are to be included in the Third Schedule By-Laws, are as follows:

THIRD SCHEDULE BY-LAWS PART 2 THE MANAGEMENT CORPORATION
3. Functions of the management corporation
The management corporation shall:

  1. display the minutes of meeting of all Annual General Meeting at the notice board within twenty eight (28) days from the date of the General Meeting [Paragraph 7(9), Second Schedule, SMA], and in addition thereto distribute the minutes of meeting via e-mail to all proprietors;
  2. display the minutes of meeting of the management committee at the notice board within twenty one (21) days from the date of management committee meeting [Paragraph 7(2a), Second Schedule, SMA], and in addition thereto distribute the minutes of meeting via e-mail to all proprietors;
  3. display a copy of any minutes on the notice board until it is replaced by a copy of the minutes of the subsequent meeting [Paragraph 7(3), Second Schedule, SMA];
  4. inform all proprietors seven (7) days in advance of the management committee meeting via e-mail to allow any proprietor to attend the meeting to discuss any issue he/she may have;
  5. inform all proprietors via e-mail the names of the office bearers (Chairman, Secretary and Treasurer) within seven (7) days from the date of the Annual General Meeting where election of management committee is held;
  6. inform all proprietors via e-mail of all additional by-laws as soon as they have been approved;
  7. acknowledge receipt within 3 working days of any emails, correspondences, reports, communications in writing or verbal received, and to reply to the contents thereof within 7 working days.
  8. 18) send notice of payment for maintenance charges and sinking fund on a monthly basis to all proprietors. All such monthly notice of payment must contain the up-to-date statement of account.
Other Related Sections:
  1. Section 32(3) and Section 70(2), SMA for additional by-laws

    A JMB/MC may, by special resolution, make additional By-laws or make amendments to such additional By-laws, not inconsistent with the By-laws prescribed by regulations made under Section 150, for regulating the control, management, administration, use and enjoyment of the building or land and the common property, including all or any of the following matters:

    1. Safety and security measures;
    2. Details of any common property of which the use is restricted;
    3. The keeping of pets;
    4. Parking;
    5. Floor coverings;
    6. Refuse control;
    7. Behaviour;
    8. Architectural and landscaping guidelines to be observed by all strata unit owners; and
    9. i) Imposition of fine not exceeding RM200 against any strata unit owner, occupant or invitee who is in breach of any of the By-laws
  2. Section 71(2), SMA for additional by-laws on limited common property

    A Subsidiary Management Corporation may, by special resolution, make additional by-laws or make amendments to such additional by-laws, not inconsistent with the by-laws prescribed by regulations made under section 150, relating to the limited common property designated for the exclusive benefit of all the parcels in the Subsidiary Management Corporation.

  3. Section 21(1d) and 59(1d), SMA on insurance

    The duties of a JMB/MC shall be to effect insurance according to the Act or to insure against such other risks as the parcel owners/proprietors may by special resolution direct

© REHDA 28-6-2018