Introduction

With the implementation of the Movement Control Order (MCO) in Malaysia initially from 18 March 2020 to 31 March 2020, which was then extended to 28 April 2020 and recently further extended (for the third time) to 12 May 2020, movements of Malaysian residents are effectively restricted to their homes unless it is for essential needs. The MCO has been implemented in order to combat the spread of the COVID-19 pandemic.

For strata property residents, the foremost question in their minds was whether movements within the common properties are restricted. Can residents jog around the condominium during the relevant period? Can the poolside cafe open for business?

FAQs issued by Ministry of Housing and Local Government on 21 March 2020

The Ministry of Housing and Local Government, among others,(1) in its series of frequently asked questions (FAQs) dated 21 March 2020,(2) as well as its directive,(3) has clarified that strata communities are not free to move about within the strata scheme area during the relevant period.(4) Movements are limited to essential(5) or critical needs, such as food and medical provisions, and all residents within the said communities must maintain social distancing at all times.

The Ministry of Housing and Local Government has further clarified that:(6)

  • annual general meetings and extraordinary general meetings fixed during the relevant period must be postponed to a later date;
  • all business premises, education institutions and preschools within a strata community must close during the relevant period, save for premises involving operations of the permitted essential services;
  • management offices must be closed and management office matters must be performed remotely, either online or from home;
  • property managers or management agents can carry out essential operations at a minimum level. Critical operations such as water, electricity, security, cleaning, lift maintenance and pump system operations can continue;
  • common property such as halls, gyms, badminton courts and swimming pools are out of bounds;
  • house renovations cannot be carried out; and
  • rectification or remedial works cannot be carried out during the relevant period, unless property has been critically damaged and affects the safety of the residents.

Subject to the management corporations' by-laws (more commonly known as 'house rules'), poolside cafes or food outlets within a strata community may remain open, but only for takeaways or delivery. Dine-in or eat-in options are prohibited. Leisure jogging within the compound of a condominium is also prohibited.

Updated FAQs issued on 8 April 2020

Midway through the second phase of the MCO implemented from 1 April 2020 to 14 April 2020, the Ministry of Housing and Local Government issued an update in relation to the FAQs (the Updated FAQs)(7) on 8 April 2020, providing further clarifications regarding restrictions within residential and commercial strata scheme areas.

The Updated FAQs is similar to the previous FAQs dated 21 March 2020 with the following changes and/or emphasis:(8)

  • social distancing remains the new normal. Outdoor activities within the strata scheme areas are not allowed;
  • visitors are not allowed entry into residential strata scheme areas such as condominiums, save for children, siblings or caregivers of senior citizens living alone, patients,(9) feeble individuals or residents who require constant monitoring and/or immediate medical attention. If there is a death(10) of a resident, only children, siblings or caregivers are allowed entry. In any event, visitors with a body temperature exceeding 38°C will not be allowed to enter;
  • courier and delivery service personnel (eg, FoodPanda or Grabfood) are allowed entry up to the security guardhouse or counter. Postmen and postwomen are allowed access up to the mailbox room. As in the case of visitors, only personnel and postmen and postwomen with a body temperature not exceeding 38°C will be permitted entry;
  • moving in or out is permitted only for essential services' businesses. It appears that there are restrictions on moving to a new apartment or house. Where a rental agreement has expired, the Ministry of Housing and Local Government encourages the tenant to discuss with the landlord extending the tenancy until the end of the MCO; and
  • all short-term rental accommodation such as Airbnb are not permitted during the implementation of the MCO.

In addition, the Ministry of Housing and Local Government clarified that:(11)

  • virus disinfection contractors are permitted entry into strata scheme premises and units to carry out disinfection works. Although not expressly stated, such contractors should be subject to body temperature screenings before entry;
  • restoration of electricity and repair of leaking pipes can and must be carried out immediately as the damage or loss of use of such amenities could affect the daily lives of residents during the MCO;
  • for commercial strata premises such as office buildings, only businesses carrying on essential services may continue to operate. Such businesses must report to the management offices for purposes of supervision and to ensure smooth entry and exit of buildings. Personnel carrying out essential services duties requiring access to such strata scheme areas must wear face masks and reduce movement within the said areas;
  • for joint management bodies (JMB), management corporations (MC), agents and property managers and management offices which were previously directed to be closed can now operate from 8:00am to 5:00pm with no more than two persons manning the office at any given time. This is to ensure that essential services of the strata scheme areas are not affected. However, management offices remain closed to the public during the relevant period;
  • the JMB, MC or its authorised property management company must issue confirmation letters to the relevant personnel and take appropriate steps to ensure the health and safety of everyone within the community, including:
    • taking COVID-19 prevention and control measures;
    • conducting temperature screening;
    • providing sanitisation; and
    • practising social distancing at all times; and
  • face-to-face JMB or MC meetings are not permitted; such meetings are allowed via teleconference.

Comment

It has been reported(12) that the Ministry of Housing and Local Government will establish standard operating procedures to protect residents at condominiums and apartments during the MCO.

The allowance given for management offices to operate (albeit with restrictions) and permission for immediate rectification of water and electricity supply issues are welcomed to ensure that residents continue to have access to the basic daily necessities, in line with the objective of the MCO for everyone to 'stay at home'.

Rules on visiting residents of stratified properties have been significantly tighten – visitors are allowed entry only for specified purposes and delivery personnel are subject to restricted entry. It goes without saying that jogging around the condominium remains prohibited.

With the government's announcement on 23 April 2020 of the third extension of the MCO until 12 May 2020, it remains to be seen whether further restrictions will be imposed on residents of stratified properties.

An earlier version of this article was published in Skrine's "COVID-19 Legal Updates & Guidance" in two parts on 24 March 2020 and 13 April 2020.

Endnotes

(1) Further information on several clarifications and FAQs issued by various ministries and government departments in relation to the MCO are available here (Part 1), here (Part 2) and here (Part 3).

(2) The full text of the FAQs dated 21 March 2020 in the national language is available here.

(3) The contents of the Ministry of Housing's directive dated 21 March 2020 are substantially similar to the Ministry of Housing's FAQs dated 21 March 2020.

(4) FAQs dated 21 March 2020 2.

(5) The Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020 issued on 18 March 2020 sets out the list of essential services. Further information is available here.

(6) FAQs dated 21 March 2020 1 and 3 to 9.

(7) The full text of the Updated FAQs in the national language is available here.

(8) Updated FAQs 33, 29, 31, 35, 36 and 30.

(9) Not being a COVID-19 patient or a patient of any other disease requiring notification under Section 10 of the Prevention and Control of Infectious Diseases Act 1988.

(10) Not involving the COVID-19 pandemic or any other disease requiring notification under Section 10 of the Prevention and Control of Infectious Diseases Act 1988.

(11) Updated FAQs 28, 32, 26, 18, 27, 20 and 25.

(12) For further details see 'SOP for condos in the Works', The Star, 11 April 2019.