Covid-19: Strata SOPs and FAQs Relaxed During RMCO

On 10 June 2020, the Ministry of Housing and Local Government (‘KPKT’) released a circular on the Standard Operating Protocol (‘SOPs’)[1] for the strata management sector, effective during the Recovery Movement Control Order (‘RMCO’) period.[2] A series of Frequently Asked Questions (‘RMCO FAQs’)[3] by KPKT has since been made available on KPKT’s website. This Alert updates the KPKT’s strata SOPs and FAQs applicable during the Controlled Movement Control Order (‘CMCO’) which continue to apply during the RMCO. Our earlier Alert for CMCO is available here.
 
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 AGM/EGM/Management Committee Meetings (vide infra) issued by the National Security Council (‘MKN’).[4]
  • Workers and customers must download and register the MySejahtera application into their mobile phones for contact tracing.
  • All outdoor and indoor activities are allowed subject to the SOP released by the Government. Any activity prohibited by MKN, KKM or other agencies are not allowed.[5]
  • All facilities in the common property can be used subject to the SOP issued by the Government. Any activity prohibited by MKN, KKM or other agencies are not allowed. [6] 
The SOPs for physical meeting are as follows:
 
Pre-Commencement
 
  • The notice of meeting must be issued and forwarded to the Commissioner of Buildings (‘COB’).
  • Purchasers/ Parcel Owners/ Proxies attending the meeting must download the MySejahtera application into their mobile phone for contact tracing and to be allowed participation.
  • The capacity for meeting attendance is subject to the meeting venue’s size with social distancing taken into consideration.
  • The management body must make 1 metre markings at the meeting venue (including the registration area) and give early notice of the meeting venue’s capacity to Purchasers/ Parcel Owners.
  • Meeting participation is based on a ‘first come first serve’ basis if the meeting venue cannot accommodate all participants.
  • Purchasers/ Parcel Owners who defaulted in charges are discouraged from attending and will only allowed to join if there is vacant space after other participants have entered the meeting venue.
  • Persons aged 60 years and above or those having chronic illness are not encouraged to join the meeting.  
  • The meeting venue must be cleaned and disinfected before the meeting commences.
At the Meeting
 
  • Screening and recording of each participant’s body temperature must be carried out before entering the meeting venue. Participants with a body temperature exceeding 37.5°C or having fever symptoms, sore throat, cough, shortness of breath and flue are not allowed to enter.
  • The management body must provide soap and water or hand sanitizer at the meeting.
  • Participants must activate the MySejahtera application at the meeting and practice social distancing (1 meter apart between individuals).
  • Participants must wear a face masks. Participants without a face mask are not allowed to enter the meeting venue.
  • Refreshments during and after the meeting is not allowed.
  • The meeting must be carried out expeditiously and the meeting 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 the meeting is carried out harmoniously and orderly. The meeting must end if social distancing is not complied and the situation becomes uncontrollable.   
Post-Meeting
 
  • Participants are not allowed to gather within or outside the meeting venue after the meeting ends.
  • The meeting venue must be closed to the public and must be cleaned and sanitised.
  • The minutes of meeting must be prepared and any decision to be notified to the public.
  • The minutes of the AGM must be forwarded to the COB.
Comments
 
While the conditions imposed are well-intended in order to mitigate the risk of spreading the Covid-19 virus, the legality of certain conditions (such as the mandatory requirements to download and activate the MySejahtera application) imposed in relation 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 application presumes that every individual owns a smartphone and is sufficiently well-versed in information technology to be able to download and use the application. This premise may not hold true especially for a large number of senior citizens.  In this regard, the recording attendance though the use of a paper-based register would achieve the same objective. Further, certain individuals may be of the view that the MySejahtera application impinges on their privacy. Therefore, the use of this tracing application should be made optional rather than mandatory.
 

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] The full text of KPKT’s SOPs is available here.
[2] The RMCO is from 10 June 2020 to 31 August 2020.
[3] The full text of KPKT’s FAQs is available here.
[4] See RMCO FAQs No.1.
[5] See RMCO FAQs No.13. MKN prohibits sports such as sports with supporters, swimming pool activity and contact sports such as football and basketball.  
[6] See RMCO FAQs No.5.