STRATA MANAGEMENT
CONSTITUTION OF JMB/MC IN SMA 2013
(A Comparison with the old Acts)
Rules under new Act for JMB, MC & Sub-MC
JMB (Act 663)
MC (Act 318)
composition of the Committee
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3 - 14 proprietors
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comm members elected at each AGM, no more than 3 consecutive terms
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>21 years old, proprietor or immediate family member of proprietor (owns 2 or more parcels) {spouse, child, adopted child, step-child, sibling & parent, Reg.33}
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only one co-proprietors can be elected
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one proprietor cannot have seats in the committee (through nominee) more than his proportionate share units, max 49% of committee members
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absent nominee must appoint proxy and give written consent
JMC : 5 - 12 purchasers + dev
Council : 3 - 14 proprietors
office bearers
chairman, secretary and treasurer (natural persons) elected by the Committee from among its members immediately after the conclusion of the general meeting. Cannot hold office more than two consecutive years [s.5(2)]
elect chairman, secretary, treasurer
chairman elected at each meeting
convening meetings
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by chairman or by request of 2 members or COB
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7 day notice
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notice displayed on notice board
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meet at least every 2 months
chairman or by request of 2 members
any member giving 7 day notice
quorum
AGM/EGM notice
2(4), 3(5-6), 4(7-8), 5(9-10), 6(11-12), 7(13-14)
chairman + 50% members
2(4), 3(5-6), 4(7-8), 5(9-10), 6(11- 12), 7(13-14)
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14 days
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if AGM, with minutes of last AGM and audited accounts
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{penalty for failure to convene AGM: 50k/3 years prison, Reg.34}
not specified (1st AGM - 14 days)
7 days* (1st AGM - 14 days)
GM quorum
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50% those entitled to vote
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if no quorum within half hour, go on
1st AGM - 25% those entitled to vote/no adj.
50% those entitled to vote/adj one week
proxy
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can be non-proprietor
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proxy for only one proprietor
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appointed 48 hours before
1st AGM - joint owner
allowed/non-owner ok/not original proprietor
voting
show of hands - one vote each
poll - share units
1st AGM - show of hands
show of hands/poll (share units)
special resolution
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21 day notice given
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passed by 75% present
n/a
14 day notice by MC or 25% owners
special resolution for
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insure non-standard risks
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by-laws
n/a
by-laws, special account, insure non-standard risks
account audit
need approved company auditor
no need professional auditors
no need professional auditors except initial period