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Covid-19: No Running Around Condominium Compound

24 March 2020

With the implementation of the Movement Control Order (‘MCO’) in Malaysia from 18 to 31 March 2020 (‘Relevant Period’), our movements are effectively restricted to our homes unless it is for essential needs.
 
For strata property residents, the foremost question in their minds was whether movements within the common properties are restricted. Can one jog around the condominium compound during the Relevant Period? Can the poolside café open for business?
 
The Ministry of Housing and Local Government (‘KPKT’), among others[1], in its series of frequently asked questions (‘FAQs’)[2], as well as its Directive[3], has clarified that strata community are not free to move about within the strata scheme area during the Relevant Period[4]. Movement are limited to essential[5] or critical needs such as food and medical needs, and all residents within the said community are to maintain social distancing at all times.
 
KPKT 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 kindergartens within a strata scheme area are to close during the Relevant Period, save for premises involving operations of the permitted essential services.
  • Management offices must be closed. Management office matters are performed remotely, through online or from home.
  • Property managers or management agents are allowed to carry out essential operations at a minimum level. Critical operations such as water, electricity, security, cleaning, lift maintenance and pump system operations are allowed to continue operations.
  • Common property such as hall, gymnasium, badminton court and swimming pool are out of bounds. 
  • House renovation cannot be carried out.
  • Rectification or remedial works cannot be carried out during the Relevant Period, unless it has been critically damaged and affects the safety of the residents.
Comments
 
Subject to the management’s corporations’ by-laws a.k.a house rules, poolside café or food outlets within the strata scheme area may remain open but only for takeaways or delivery. Dine-in or eat-in are not allowed. No leisure jogging within the compound of the condominium is allowed.   
 
Our Construction and Engineering Practice Group will continue to keep you updated on the latest developments. 
 
If you have any queries, please contact our Ms. Jocelyn Lim (Partner) at jocelyn.limyeantse@skrine.com or Mr. Jeremiah Ch’ng (Associate) at jeremiah@skrine.com.
 
 
[1] Our earlier Alerts 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 is available here.
[3] The contents of KPKT’s Directive dated 21 March 2020 are substantially similar to KPKT’s FAQs.
[4] FAQ No. 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”. Our summary of the provisions of the said Regulations is available here.
[6] FAQs No. 1, 3 to 9.

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