Introduction

On 10 June 2020 the Ministry of Housing and Local Government (KPKT) released a circular on the standard operating protocols (SOPs)(1) for the strata management sector, effective during the Recovery Movement Control Order (RMCO) period.(2) A series of FAQs (RMCO FAQs)(3) by the KPKT has since been made available on the KPKT's website. This article highlights the KPKT's strata SOPs and FAQs applicable during the Controlled Movement Control Order (CMCO) which continue to apply for the duration of the RMCO.(4)

The key changes to the previous strata SOPs and FAQs are as follows:

  • All physical meetings are now allowed subject to observing the special SOP for annual general meetings (AGMs), extraordinary general meetings and management committee meetings issued by the National Security Council (MKN).(5)
  • Workers and customers must download and register the MySejahtera app on their mobile phones for contact tracing purposes.
  • All outdoor and indoor activities are allowed subject to the SOP released by the government. Any activity prohibited by the MKN, the Ministry of Health (KKM) or other agencies are not allowed.(6)
  • All facilities in a common property can be used subject to the SOP issued by the government. Any activity prohibited by the MKN, the KKM or other agencies are not allowed.(7)

The SOPs for physical meeting are as follows.

Pre-commencement

Before the meeting, the following applies:

  • The notice of the meeting must be issued and forwarded to the commissioner of buildings (COB).
  • Purchasers, parcel owners and proxies attending the meeting must download the MySejahtera app on their mobile phones for contact tracing purposes and be allowed to participate.
  • Meeting attendance capacity is subject to the meeting venue's size with social distancing taken into consideration.
  • The management body must make one-metre markings at the meeting venue (including the registration area) and give early notice of the meeting venue's capacity to purchasers and parcel owners.
  • Meeting participation is based on a first-come, first-served basis if the meeting venue cannot accommodate all participants.
  • Purchasers and parcel owners who defaulted in charges are discouraged from attending and will be allowed to join only if there is vacant space after other participants have entered the meeting venue.
  • Persons aged 60 years and above or those with chronic illness are not encouraged to join the meeting.
  • The meeting venue must be cleaned and disinfected before the meeting commences.

At meeting

At the meeting, the following applies:

  • Each participant's body temperature must be screened and recorded before they enter the meeting venue. Participants who have a body temperature exceeding 37.5 degrees Celsius or show symptoms (eg, a fever, a sore throat, a cough, shortness of breath or the flu) are not allowed to enter.
  • The management body must provide soap and water or hand sanitiser at the meeting.
  • Participants must activate the MySejahtera app at the meeting and practise social distancing (ie, one metre between individuals).
  • Participants must wear a face mask; participants without a face mask are not allowed to enter the meeting venue.
  • Refreshments during and after the meeting are not allowed.
  • The meeting must be carried out expeditiously and its duration must not exceed four hours.
  • Only important motions are to be discussed and decided at the meeting with the decisions recorded.
  • The management body must ensure that the meeting is carried out harmoniously and orderly. The meeting must end if social distancing is not complied with and the situation becomes uncontrollable.

Post-meeting

After the meeting, the following applies:

  • Participants are not allowed to gather in or outside the meeting venue after the meeting ends.
  • The meeting venue must be closed to the public and be cleaned and sanitised.
  • The meeting minutes must be prepared and any decision be notified to the public.
  • The AGM minutes must be forwarded to the COB.

Comment

While the conditions imposed are well intended and aim to mitigate the risk of spreading COVID-19, the legality of certain conditions (eg, the mandatory requirements to download and activate the MySejahtera app) imposed relating to attendance and participation at meetings are questionable as they are not provided for under the Strata Management Act 2013.

Further, the compulsory use of the MySejahtera app presumes that every individual owns a smartphone and is sufficiently well versed in IT to be able to download and use the app. This premise may not hold true, especially for many senior citizens. In this regard, the recording of attendance through the use of a paper-based register would achieve the same objective. Further, certain individuals may be of the view that the MySejahtera app impinges on their privacy. Therefore, the use of this tracing app should be made optional rather than mandatory.

Endnotes

(1) The full text of the KPKT's SOPs is available here.

(2) The RMCO applies from 10 June 2020 to 31 August 2020.

(3) The full text of the KPKT's FAQs is available here.

(4) Further information on the CMCO is available here.

(5) See RMCO FAQ Number 1.

(6) See RMCO FAQ Number 13. The MKN prohibits sports such as sports with supporters, swimming pool activity and contact sports such as football and basketball.

(7) See RMCO FAQ Number 5.