A Joint Management Body, or JMB, is established after the developer holds the first JMB annual general meeting. This is done under section 17 of the Strata Management Act 2013 (SMA). The term “developer” refers to anyone who develops land for residential, commercial, or industrial purposes, or a combination of them.
JMB responsibility
The first annual general meeting of the JMB occurs less than 12 months after vacant possession of a parcel is transferred to a purchaser. Laymen’s terms define a parcel as a property holding individual units under a separate strata title in a building destined for subdivision. Purchasers are people or organizations that have acquired parcels.
Before a proper handover can occur, a JMB works with developers to maintain large developments containing hundreds of units. When the developer issues the strata title, it can take a while.
Joint Body Management (JMB) oversees daily activities including general cleanliness, complaints, and garbage collection, but they also ensure community safety.
When development is completed, the developer will then call for vacant possession. Keys will be available for collection within 14 days of the notice to unit owners. It falls to the developer to call for an Annual General Meeting (AGM) to form a JMB, which can take place anytime for a year beginning from the end date of the 14 days notice.
First and foremost, the MC is sometimes referred to as the JMC. Malaysian JMBs, specifically, were governed by ACT 663 before 2013, while MCs were governed by ACT 318 before 2013.After that, both acts were consolidated under one, which is ACT 757. The JMBs and MCs entities are ruled under the same law to ensure no clashing issues.
As soon as a development of strata building is completed, the JMB performs interim body duties as well as straightens out all legalities.
虽然 JMB 共享 MC 所拥有的权力,但 JMB 并不拥有所有权力。
What distinguishes JMB and MC?
It is the issuance of the strata title that sets it apart. The JMB exists as a reference body before the issuance of the title. The MC, on the other hand, comes into the picture once the title is issued.
A MC manages and maintains common property after strata titles are issued, while a JMB does it before strata titles are issued by the developer.
An annual general meeting of the JMB is usually assisted by the developer of the project. Within twelve months of delivery of vacant possession, the first AGM must be convened under the Strata Management Act (SMA). The first AGM of the JMB does not have to be held if the MC is formed before the JMB’s first AGM, and no JMB shall be formed.
An MC, on the other hand, is established upon the opening of a strata register book after the strata titles are granted. In spite of this, an MC cannot take any action until its first AGM and the election of the management committee has taken place.
MC 的第一次年度股东大会只能在代表开发区总份额至少 25% 的所有者(不包括土地的原始所有者和开发商)导致分契产权以各自的名义注册后召开。
JMB 将在 MC 第一次年度股东大会召开之日起三个月内自动解散。
Section 17 of the SMA defines JMBs as perpetual succession corporations, but certain functions cannot be carried out by them. Pursuant to the SMA, the powers of an MC include the following:
借款和提供还款担保的权力具有广泛的影响,并且很容易被滥用。议会并未将 SMA 中的这两项权力委托给 JMB,我们认为这是有意为之。
Section 74(1) of the SMA provides that, being the lawful proprietor of the lot, the MC can acquire land to be used for purposes with regards to the stratified development area. As the lawful owner of the property, a MC can accept the burden or benefit of easements imposed regarding its lot, whereas a JMB cannot.
SMA 规定 JMB 的章程应包括开发商。这意味着,即使开发商已售出开发项目中的所有地块,联合管理委员会仍应包括一名开发商代表。
子 MC 允许创建有限的公共财产 (LCP),只有选定的所有者对其拥有专有权或使用权。 LCP 的独家利益伴随着单独收费形式的负债以及为管理和维护 LCP 向次级 MC 的偿债基金捐款。这个概念使住宅、商业和零售用途高效运行。
如果主 MC 已经存在,居民只能组建一个子 MC。 Sub-MC 独立于 MC 运行,尽管需要来自 MC 的一名成员加入 Sub-MC 的运行。
根据现行制度,SMA 只允许在组建 MC 后设立 Sub-MC。因此,如果在开发过程中需要组建子MC,则应尽快组建MC。
总结
If you live in a condominium or apartment building in the cities, get to know the individuals who convene at JMB or MC. You could even be one if you are keen and interested.