The Strata Management Act (SMA), which is also the Act’s name that brings these regulations into effect, governs stratified living in Peninsular Malaysia and the Federal Territory of Labuan. This Act is also the name of the law that brings these regulations into power.
Joint management bodies (JMB) and management committees (MC) are expected to adhere to the standards to keep the organisation’s coherence intact.
Property management businesses that continue to use processes that are not in accordance with the Act are obligated to make the appropriate adjustments to remain in business. Following the rules, especially if some of them are simple, will help reduce the amount of conflict between the management and the residents while adhering to the standard operating procedures implemented by the Commissioner of Buildings.
Therefore, let us walk you through each stage of the process. To ensure that the online AGM or EGM will be recognised as legitimate, it is imperative that the following suggestions be followed throughout the meeting:
A) BEFORE THE START OF THE MEETING
The JMB is required to provide at least 14 days’ notice to each property owner before an AGM, with the following exceptions:
- By hand, accompanied by an accurate handwritten acknowledgement, or
- By sending a letter with a return receipt requested to the address of the person to be served at their most recent known business, parcel, or residential location, or
- By affixing the notice or order to the individual who is to be served at their most recent known place of business, parcel, or residence.
It is possible that the notice of the annual general meeting will be displayed prominently in the common areas of the apartment, such as the lobby or the elevators.
The following items are required to be included in every notification for the AGM:
- The place, the date, and the hour of the meeting.
- During the meeting, we will discuss each individual resolution that has been offered.
- The right of every property owner to cast a vote at the meeting, either in person or through a proxy.
The following items need to be included in a notice of the annual general meeting:
- A copy of the minutes from the most recent annual general meeting;
- A copy of the audited accounts, as well as a report on the auditor’s findings about the JMB’s financial records;
- Details on any additional subjects that may be broached over the course of the meeting.
It is customary to include a reminder in the notice of the AGM that a property owner may appoint a proxy to attend and vote at the AGM, provided that an instrument appointing a proxy is lodged at the JMB’s address (which is normally the management office) at least 48 hours before the AGM. This is done by the custom of including a reminder that an owner may appoint a proxy to attend and vote at the AGM.
After the seventh day before the AGM, property owners with an outstanding balance with the JMB lose the ability to vote at the meeting in which it is being held. At least forty-eight hours before the start of the meeting, the JMC is obligated to put a list on the notice board, including the names of individuals who are qualified to vote.
B) DURING THE ACTUAL MEETING
- The mechanism for counting votes must be in good working order before the election can occur. It will facilitate manual voting and voting via polls (based on share units). It is necessary to publish the results of each voting session.
- The web-based platform should be able to take in queries and nominations in addition to documenting the proceedings of the full assembly.
- Registration for the meeting will commence two hours before the start of the meeting. If a quorum is not reached, registration will be extended for a further half an hour, and the meeting will continue with the owners and participants who are registered for it; these people will be considered a valid quorum.
- The meeting will be brought to order, and the individual who was chosen to preside over it will remain in that role until the meeting is over. A new chairman will be selected from the owners eligible for the position if the current chairman is unable or unwilling to preside over the meeting until its conclusion.
- The results of each voting session should be displayed on the screen in real-time while the session is in progress.
- The organising committee must be present at the venue where the meeting will take place.
With ODESI eAGM, many features are offered that can facilitate your AGM, such as an integrated voting system that enables the voting process to go smoothly. Read about them here.
C) IMMEDIATELY AFTER THE MEETING
- The management team is responsible for writing up the meeting minutes, which must be posted on the bulletin board and made available to the general public.
- Within twenty-eight days before the date of the meeting, management is required to submit to the COB the following materials:
- Correspondence from meetings;
- Minutes of meetings;
- Record of Attending Owners, Proxies, or Appointed Persons; and
- Documents specified by the COB as being necessary.
After everything has been said and done, the purpose of the Strata Management Act is to provide you with a more favourable living environment.
This ensures that all residents of the complex, from the most expensive penthouse on the top floor to the least expensive home on the first level, may take pleasure in a spotless and secure environment. Although the legislation may be difficult to understand, the final result is astonishingly straightforward.
With ODESI eAGM, you will be sure to have the most efficient and effective AGM. From online AGM voting that meets any sophisticated voting needs such as voter weighing and rules, all of which comply with Strata Act 757. Our platform includes a management interface that will guarantee the best AGM experience for the management and the owners.
Smoothen your AGM process and call ODESI now at 1800-88-ODESI, and we will assist you with organising your next annual general meeting successfully.