Motion & Resolution

Question

What is a Motion and Resolution?

Answer

Specific matters, not part of normal items of the agenda of AGM, can be raised by strata unit owner and/or tabled by the Management Body at the general meeting as follows:

A. For general matters relating to the maintenance and management of the strata property:
  • Motion – Any strata unit owner may submit a motion, by notice in writing deposited 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 [Paragraph 13(1), Second Schedule, SMA]
  • Upon receipt of the notice, 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]
  • Any matter that requires a decision at a general meeting shall be decided on a show of hands unless a poll is demanded by a strata unit owner or his proxy [Paragraph 17(1), Second Schedule, SMR]


B. For specific matters relating to the maintenance and management of the strata property:

  • Special Resolution – Management body may propose a special resolution on the following matters:
    • A JMB/MC may, by special resolution, make additional By-laws or amendments to such additional By-laws, not inconsistent with the Bylaws 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:
      a) Safety and security measures;
      b) Details of any common property of which the use is restricted;
      c) The keeping of pets;
      d) Parking;
      e) Floor coverings;
      f) Refuse control;
      g) Behaviour;
      h) Architectural and landscaping guidelines to be observed by all strata unit owners; and
      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
      [Section 32(3), Section 70(2), SMA]
  • The 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 –
    a) by the subsidiary management corporation pursuant to a special resolution passed at a general meeting of the subsidiary management corporation; and
    b) in respect of any matter that relates solely to that limited common property or subsidiary management corporation [Section 71(1), SMA]
  • 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.
    [Section 71(2), SMA]
  • A Joint Management Body, Management Corporation or Subsidiary Management Corporation may, apart from the insurance referred to in subsection 93(1), insure against such other risks as the parcel owners or proprietors may by a Special Resolution direct [Section 98, SMA]
  • Notice in writing specifying the proposed resolution has been given in at least 21 days before the time for holding the meeting [Section 2, SMA]
  • The resolution shall be passed at a duly convened general meeting by:
    a) A majority consisting of not less than three-quarters of the valid votes cast at the general meeting by a show of hands; or
    b) If a poll is required, by a majority consisting of not less than threequarters in number of the valid votes cast on such poll [Section 2, SMA]


C. For matters on Limited Common Property /Subsidiary Management Corporation

  • Comprehensive Resolution – Management Corporation may designate limited common property and create one or more subsidiary management corporations only for the purpose of representing the different interests of proprietors by way of comprehensive resolution.
    [Section 17A, STA]
  • Comprehensive Resolution is a resolution which
      1. is considered at a duly convened general meeting of the ManagementCorporation of which at least 30 days’ notice specifying the resolution has been given; and
      2. at the end of the period of 60 days after the general meeting is convened, on a poll, the total of the share units of the parcels for which valid votes are counted for the resolution is at least two-thirds of the aggregate share units of the parcels of all the proprietors who constitute the Management Corporation at the end of such period
        [Section 2, SMA]
  • Only Management Corporation can propose a Comprehensive Solution
    [Section 2, SMA]


D. For matters authorized by the Management Corporation

  • Unanimous Resolution – A Management Corporation, if authorized by a Unanimous Resolution, may
    i. Acquire land outside the lot to be used for the purposes connected with subdivided building or land;
    ii. Grant or accept the burden of an easement imposed on the lot for the benefit of some other land; or
    iii. Accept the benefit of an easement imposed in a favour of the lot on some other land
    [Section 74(1), SMA]
  • Unanimous Resolutions is a resolution which is passed at a duly convened general meeting of which at least 21 days’ notice specifying the proposed resolution has been given, and carried by every valid vote cast at the general meeting by a show of hands, or if a poll is demanded and taken, by every vote cast on such poll
    [Section 2, SMA]


© REHDA 15-11-2018