1. Management Services
The following management services will be provided under this proposal.
a. Management Governance Services
The Management Agent shall assist the Management Corporation in the provision of general statutory services, including, but not limited to, keeping statutory books and records, convening monthly meetings of the Management Committee of the Management Corporation, Annual General Meeting and Extraordinary General Meetings of the Management Corporation and preparing adequate documentation for such meetings.
b. Management Corporation Records
i. The Management Agent shall be responsible for the safekeeping and professional filing of all original statutory documents of the Management Corporation. ii. The Management Agent shall establish and maintain an adequate and accessible archive either (or both) in electronic form or physical form of all documents relevant to the Management Corporation’s activities.
c. Treasury and Accounting Services
For the purpose of collecting Charges to be deposited into the maintenance account for the purposes of proper maintenance and management of the subdivided buildings or lands:
i. The Management Agent may be authorized to operate the Management Corporation’s bank accounts in accordance with such principles as the Management Committee from time to time shall approve. Pursuant to such authorization, the Management Agent may be entitled to place excess funds into fixed deposit account, check account balances, request for cheque book, obtain cheque images or enquire deposit transactions from bank, access the bank’s online banking facility (limited to viewing of transactions and balances only) and other related activities for this purpose.
ii. The Management Agent shall be authorized to collect all amounts due from proprietors to the Management Corporation on the Management Corporation’s behalf and shall be responsible for the establishment and follow-up of efficient procedures for the purpose of collecting any overdue amounts and to comply with the provisions of the Strata Management Act, 2013 (Act 757).
iii. The Management Agent shall arrange for the Management Corporation to settle its debts and accounts payable to third parties as such fall due, while pursuing a satisfactory solution of any dispute in relation thereto on the Management Corporation’s behalf.
d. Common Properties Maintenance Services Except for the common properties which is still within the warranty of the Developer (defects covered under the “defect liability period”), the Management Agent shall arrange for the proper service and maintenance of common property assets (“assets”) of the Management Corporation:
i. The Management Agent shall periodically monitor the functioning conditions of assets and to provide the Management Committee with regular reporting on wear and tear, service requirements, scheduled service and maintenance, damages by third party, and any other requirements for this purpose.
ii. The Management Agent shall be authorized to engage the service of outside agents or contractors for the service, repair or maintenance of assets. This is only allowed in the provided that the service, repair or maintenance cannot be rectified by the existing maintenance employees or specialize skills and tools are required.
e. Financing The Management Agent shall assist the Management Corporation in all matters relevant to the financing of the Management Corporation’s activities, such as the negotiating and obtaining of hire purchase facilities on behalf of the Management Corporation.
f. Insurance
i. The Management Agent shall arrange to effect insurance according to Strata Management Act, 2013 (Act 757) or to insure against such other risks as the proprietors may by special resolution.
ii. The Management Agent shall provide advice and assistance to the Management Corporation in filing and managing claims under all insurance policies procured for the common properties owned by the Management Corporation.
iii. The Management Agent shall provide general advice and assistance to the Management Corporation in the procurement of other insurance as may be necessary or prudent in order to comply with legal or contractual requirements, or otherwise prudently insure the risks of the Management Corporation.
g. Sale and Purchase of Assets
i. The AgManagementent shall, in accordance with instructions from the Management Committee, supervise the sale and purchase of assets on the Management Corporation’s behalf including the completion of such transactions.
ii. In respect of any sale or purchase of an asset, the Management Agent shall provide assistance which shall include, but not be limited to, arranging the financing in the case of a purchase and, if necessary, renegotiating existing financing, and in the case of a sale or purchase, arranging other contractual agreements required by the transaction and the general completion of the specific transaction.
iii. The Management Agent shall assist the Management Committee in reviewing the market for sale and purchase of assets and providing the Management Corporation with recommendations in this respect. Any contracts related to a sale or purchase of an asset shall always be subject to the final approval of the Management Committee.
h. Accidents - Contingency Plans
The Management Agent shall assist the Management Corporation in handling all accidents in the usage of common properties involving proprietors, guests of proprietors, contractors or other agents of the Management Corporation. In particular, the Management Agent shall establish a crisis management procedure, shall assist the Management Corporation in the development of a local crisis management procedure, and shall provide other advice and assistance in connection with crisis response, including crisis communications assistance.
i. Disputes
The Management Agent shall provide general advice and assistance in the prosecution or defense of any and all legal proceedings by or against the Management Corporation, on the Management Corporation’s behalf and follow up the same in accordance with such instructions as shall be provided to the Management Agent in this respect by the Management Corporation.
j. General Administrative Services
The Management Agent shall cause certain of its officers and any of its additional officers or other employees as the Management Committee may from time to time request and approved (collectively, the “Management Agent’s Employees”) to perform as officers of the Management Corporation in the capacity to carry out the duties of the Management Corporation under the subsection 59(1) of Strata Management Act, 2013 (Act 757)_ or provide such general administrative services as may be required by the Management Corporation including accounting services, managing complaints by proprietors, residents or guest, following up of defect which is still within the defect liability period and other advice and assistance in the general administration and management of the operation.