Top 5 Interesting FAQ about Handover to JMB in Strata Management

FAQ about Handover to JMB in Strata Management.

Developer Handover to JMB FAQ

Question: What is the timeframe of handover from developer to JMB? It should take into consideration the actual practical operations. For example, issuance of JMB (Joint Management Body) or MC (Management Corporation) certificate from authorities, opening of bank accounts, selection & appointment of property manager.

Answer: It is a good practice that Developer to start preparation for handover 8 months after the 1st VP or Vacant Possession and to hold the 1st AGM or Annual Genereal Meeting on the 10th month. If submission of documents to register the JMB to Comissioner of Building (COB) is complete (many COB provide documents submission checklist), it will take not more than 1 month for COB to issue the JMB registration certificate.

With the JMB registration certificate, the JMB can open the Bank account. Thereafter the developer can transfer all monies to the JMB Bank account. Advance preparation is needed for a smooth handover.

Can Developer who offers one year free maintenance create 1 account instead of 2 separate accounts for maintenance charges and sinking fund?

The Developer still needs to open 2 separate accounts, a maintenance account and sinking fund account although the fees will be paid by the developer.

The developer is unable to call for the 1st AGM of JMB as the accounts cannot be audited. The developer has to obtained approval from COB to delay the 1st AGM of JMB until the accounts are properly separated and audited.

The establishment of maintenance account and sinking fund account is well spelled out in Section 10 and Section 11 of Strata Management Act 2013 (SMA).

How Developer handover the accounts to JMB before the developer’s management period expires?

The timeframe for preparation of documents for registration at COB is within 30 days from the date of 1st AGM.

Section 20 of SMA stated that joint management body shall inform and register with the commissioner the name of the joint management body within thirty days from the date of the first annual general meeting.

For example, the preparation of documents for submission to COB to register the JMB would take approximately 2 weeks. If submission of documents to register the JMB to COB is complete (many COB provide document submission checklist), it will take 2-4 weeks for COB to issue the JMB registration certificate.

A typical COB document checklist for registration of JMB which include:
Notice of first AGM and agenda of the meeting. Minutes of first annual general meeting. Attendance of parcel owners. Voting slip for election of committee members. Voting slip for motion of the meeting. List of elected committee members (designation & contact number). Copy of complete sale and purchase agreement (1 parcel owner only).
Copy of sale and purchase agreement of each committee member with details of: Name, I/C No., Unit No., Copy of I/C (each committee members).
Statement of Account of Maintenance Charges of each committee member up to the date of general meeting. Letter of appointment of proxy. Copy of title and layout plan. Title No. Lot No.
Register of strata unit owners (as in Form 9, Strata Management (Maintenance and Management) Regulations 2015).
Letter of confirmation of JMB’s official name and address.

Here is an example of MBPJ COB document checklist for 1st AGM.

When should Developer transfer all balance of monies in the maintenance account and the sinking fund to JMB?

If submission to COB is complete, it will take not more than 1 month for COB to issue the JMB registration certificate. The JMB can open the Bank account with the JMB registration certificate. Thereafter the Developer can transfer all monies to the JMB Bank account. [Section 92, Strata Management Act 2013].

When to open JMB bank account?

After the 1st AGM, the JMB should approach the Bank to make necessary arrangement including to sign all necessary documents for the opening of bank account. Once the JMB registration certificate is issued by COB and presented to the Bank, the account can be opened within a day.

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