Proposal for Additional By-law

Question

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

Answer

Yes, the strata unit owner can propose additional by-laws. Below are some suggested steps for proposing additional by-laws:

  1. Strata unit owner to submit the proposed additional by-laws in writing to the Chairman of the management committee.
  2. Upon receipt of the proposal, the management committee shall discuss it during the management committee meeting.
    1. If the proposal is approved by the management committee, a notice in writing specifying the proposed special resolution (for the additional By-law) shall be given at least 21 days before the time for holding the general meeting for such proposal. The resolution passed in the general meeting shall be adopted as additional By-laws [Section 2, SMA]
    2. If the proposal is rejected by the management committee, a reply in writing shall be given to the strata unit owner and state the reason of rejecting such proposal. If so, you can take further action by submitting your proposal to the general meeting by way of a motion.

Your proposal by way of a motion for additional By-laws should be submitted to the Chairman of the Management Committee

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 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. 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.

Signed by Proprietor

Other Related Sections:

Other Related Sections:

  1. Section 32(3) and Section 70(2), SMA for additional by-lawsA 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. 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(1), SMA for by-laws on limited common propertyThe by-laws of the management corporation shall apply to the limited common property managed and maintained by the subsidiary management corporation unless the by-laws have been otherwise expressly amended –
    1. by the subsidiary management corporation pursuant to a special resolution passed at a general meeting of the subsidiary management corporation; and
    2. in respect of any matter that relates solely to that limited common property or subsidiary management corporation
  3. Section 71(2), SMA for additional by-laws on limited common propertyA 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.
  4. 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


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