On 7.6.2020, the Government announced that the Conditional Movement Control Order (“CMCO”) will be replaced by the Recovery Movement Control Order (“RMCO”). Some activities within Strata schemes/buildings that were previously prohibited through the CMCO are now allowed, provided there is compliance with the Standard Operating Procedure (“SOP”) issued by the Ministry of Housing and Local Government (KPKT) on 10.6.2020.
The following are some key takeaways that might be useful for both Management Corporations and proprietors.
- Full compliance of the following COVID-19 SOP at all times
- employees and visitors to the office to screen through body temperature. Those with a recorded temperature above 37.5 ◦C should not be allowed entry;
- constant Social distancing of 1 meter between individuals;
- adhering to personal hygiene (frequent hand washing and use of hand sanitizers);
- wearing facial masks;
- undergoing frequent disinfection at places of high risk
(the “COVID-19 SOP”)
- Management Office may resume full operation, provided
- the COVID-19 SOP is complied with;
- operating hours are as follows:
- commercial Strata Scheme – respective operating hours; and
- housing/residential Strata Scheme – from 8 a.m. to 5 p.m. daily.
- AGMs/EGMs and Management Committee Meetings are allowed, provided
- full adherence to the COVID-19 SOP;
- management to utilize the MySejahtera App during registration for the meeting;
- the duration of the meeting cannot exceed 4 hours;
- only important motions can be discussed and decided. Decision must be recorded;
- the Management must ensure a harmonious and smooth meeting.
- all participants are prohibited from assembling outside or inside the meeting hall after the meeting;
- the meeting hall must be closed after the meeting for disinfection;
- the Minutes of Meeting must be prepared and informed to all;
- the Minutes of Meeting must be reported to the Commissioner of Buildings.
- Movement and Activities Around the Strata Scheme
- residents are allowed to move around the strata scheme with social distancing;
- all movement in conjunction with festivities and religious activities must abide by the Government’s SOP;
- outdoor and indoor activities are allowed with adherence to the Government’s SOP. This means that jogging/walking/gym/badminton are allowed;
- all activities not allowed by MKN and KKM are prohibited;
- all facilities in the common property are allowed to be utilized with adherence to the Government’s SOP.
- visitations with dealings/important matters are allowed in strata schemes;
- visitors must adhere to the COVID-19 SOP;
- The movement of visitors are only limited to the unit or premise registered;
- visitors (festivities/visiting) allowed are limited to only 20 individuals in one day at a single time;
- the number of visitors in a unit at any one time to be determined by management based on size of the unit/strata parcel.
- Short-Term Rental Allowed (Airbnb)
- short-term rental like Airbnb or Homestay are allowed for both strata schemes and landed property with compliance of the following:
- registration of guests;
- unit hygiene and disinfection must be complied;
- and the Management’s visiting regulations must be adhered to.
- Other Matters
- maintenance, repair and renovation works are allowed subject to written approval from management and local authority;
- post, courier and delivery personnel including GrabFood, delivery services are only limited for delivery up to the security guardhouse/counter or a specific place as determined by management.
The above steps are all part of the Government’s steps in ensuring that strata schemes are protected from the spreading of the COVID-19 virus. Management Corporations and proprietors alike are expected to adhere to the above strictly.
About the author: Zi-Han Lim is an associate in the dispute resolution practice group at Donovan & Ho. He is experienced in dispute resolution, focusing on employment and industrial relations, administrative law and commercial litigation.
Donovan & Ho is a law firm in Kuala Lumpur, Malaysia. Our practice areas include employment law, dispute resolution (litigation and arbitration), corporate and tax advisory, and real estate/conveyancing. Have a query? Contact us.