COVID-19: SOPs and FAQs for Stratified Properties During CMCO

With the Conditional Movement Control Order (‘CMCO’) coming into force1, the Ministry of Housing and Local Government (‘KPKT’) issued a circular on 18 May 2020 containing the amended Standard Operating Procedures (‘Amended SOPs’) and a series of Frequently Asked Questions (‘FAQs’) applicable to the strata management sector. This Alert summarises the current standard operating procedures to be complied with by all relevant parties in a strata scheme pursuant to the Amended SOPs and FAQs. Our earlier Alert in relation to KPKT’s updated FAQs applicable during the Movement Control Order is available here.

The Amended SOPs contains the Covid-19 Prevention Protocol (‘CPP’), which must be complied with in any strata scheme generally. The CPP sets out the following:
 
  • Body temperature screening to be carried out at the entrance (individuals with body temperatures exceeding 37.5°C and above are denied entry).
  • Social distancing of at least one meter between individuals to be practised.
  • Washing of hands with soap and water or hand sanitizer.
  • Wearing of face masks.
  • Disinfection process on surfaces easily contaminated.

SOPs Governing Owners/Occupants
 
  • Movements within the strata scheme are allowed whilst observing social distancing of at least one metre between persons. Festive celebrations and religious activities are subject to the Government’s directives and standard operating procedures.

  • Outdoor activities such as jogging and cycling, individual sport or non-physical contact activities are allowed. Group activities, activities involving physical contact, indoor and other activities prohibited by the National Security Council and the Ministry of Health such as swimming pool and gymnasium activities are not allowed.

  • Common property facilities2 cannot be let out except vehicle parking which are subject to any decision made at the annual general meeting (‘AGM’) or extraordinary general meeting (‘EGM’). 
 
KPKT has further clarified that:
 
  • Damage rectification works and building renovations are allowed subject to written permission from the management body and approval from the relevant local authority, where needed.

  • Shifting in and out is allowed with the number of ‘movers’ being subject to the management body’s approval.3 Where a rental agreement has expired, tenants are allowed to move out, and only tenants with rental agreements executed with the relevant owners are allowed to move in.4

  • Short Term Rental Accommodation (STRA) in commercial and landed strata schemes such as Airbnb is allowed with prior notice to the management body. The owner must ensure the relevant unit is sanitised before the guest’s arrival. The guest must comply with the protocol relating to visitors (see below).5

  • Business premises within the strata scheme are allowed to operate, provided it falls within the list of permitted activities by the Malaysian National Security Council.6
 
SOPs Governing Third Parties
 
The Amended SOPs contain separate protocols for visitors, service providers and contractors which are set out in turn below.
 
Protocol relating to visitors
 
  • Only visitors with permitted matters are allowed entry into the strata scheme7 and these involve children, siblings, or caregivers of senior citizens living alone, patients8, feeble individuals or residents who require constant monitoring and/or immediate medical attention and those providing basic essentials to a resident who requires assistance from any individual, family member or organisation9. If there is a death10 of a resident, only children, siblings or caregivers are allowed entry.

  • Visitors must comply with the CPP11 and must provide information to the management body for contact tracing, when needed. Visitors’ movements are limited to the relevant unit or the registered location.

  • A maximum of 20 visitors are allowed in one day and at any given time during the festive period.12 The management body will determine the number of visitors allowed at any one time taking into consideration the size of the residential unit with social distancing in place.
 
Protocol relating to service providers
 
  • Service providers are allowed entry into the strata scheme. Workers must comply with the CPP13 and must provide information to the management body for contact tracing when needed. Movement within in the strata scheme is limited to the relevant unit or the registered location and is subject to the protocol relating to visitors (see above).

  • Essential services relating to management operations such as water, electricity, security, cleaning, lift maintenance and pump system are allowed.14

  • Owners/service providers must obtain the management body’s written approval for shifting which involves use of common property, installation works such as air-conditioning, kitchen cabinets, changing tiles or hacking.15

  • Postage, courier and food delivery services such as FoodPanda and Grabfood are only allowed entry into the strata scheme up to the security guardhouse, security counter or other designated area by the relevant management body, upon temperature checks being carried out.16  Postal workers are allowed entry into mailbox rooms.17
 
Protocol relating to contractors
 
  • Contractors/ vendors/ workers are allowed entry into the strata scheme to carry out maintenance,18 damage rectification and renovation works, limited to the unit or relevant area. Information of the relevant persons entering must be provided for contact tracing.19

  • The contractor/ vendor/ worker must also comply with the Construction Sector SOP issued by the Ministry of Works by undergoing and passing the Covid-19 screening at an approved healthcare centre, and the CPP at the security control post or any other designated location in the strata scheme.

  • The contractor/ vendor/ worker must carry out works only during designated hours, which are as follows:20
  1. Commercial strata scheme (retail) – 10:00 pm to 9:00am, Mondays to Sundays including gazetted public holidays;
  2. Commercial strata scheme (office) – 6:00 pm to 9:00am, Mondays to Sundays including gazetted public holidays; and
  3. Residential strata scheme – 8:00am to 5;00pm, Mondays to Fridays excluding gazetted public holidays. All works generating loud noise such as drilling can only be carried out between 9:00 am to 1:00pm only. 
 
SOPs Governing Management Bodies
 
  • AGMs and EGMs remain prohibited and must be postponed to a later date.21

  • Although physical committee meetings are allowed with a maximum number of 10 attendees subject to the CPP, online committee meetings are nonetheless encouraged.22

  • Management offices can operate at full capacity in accordance to the following operating hours: 
  1. Commercial strata scheme – as required depending on the respective operating hours; and
  2. Residential strata scheme – 8:00am to 5:00pm only.
 
Management offices are also open to the public, subject to the CPP.
 
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. Siew Suet Mey (Senior Associate) at siew.suet.mey@skrine.com or Mr. Jeremiah Ch’ng (Associate) at jeremiah@skrine.com.
 
 

1 The CMCO period is in force from 4 May 2020 to 9 June 2020.
2 The hall, gymnasium, badminton court, swimming pool, meeting room, BBQ pit etc.
3 The Service Provider Management Protocol must also be complied with.
4 See FAQ No.15 and 16.
5 See FAQ No.12.
6 See FAQ No. 3.
7 See FAQ No.11.
8 Not being a Covid-19 patient or a patient of any other diseases requiring notification under Section 10 of the Prevention and Control of Infectious Diseases Act 1988.
9 On the condition that prior permission has been obtained from the developer, joint management body, management corporation or property manager.
10 Not involving the Covid-19 pandemic or any other diseases requiring notification under Section 10 of the Prevention and Control of Infectious Diseases Act 1988.
11 At the security control post or any other designated areas.
12 Limited to close family members and on the first festive day only.
13 At the security control post or any other designated areas.
14 See FAQ No.8.
15 See FAQ No.10.
16 Any delivery worker whose body temperature exceeds 37.5°C is not allowed entry.
17 See also FAQ No. 13.
18 See FAQ No.9. Maintenance works includes damage by leaking pipes and damage to air conditioning are allowed to take place.
19 Malaysians must provide identification card information whereas non-Malaysians must provide a copy of a valid passport and work permit and current mobile number.
20 See FAQ No.7
21 See FAQ No.1.
22 See FAQ No.17.