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Strata & Building Management

How to force an EGM when management won't act

Owners together entitled to at least 25% of the aggregate share units can requisition an extraordinary general meeting. The committee must hold it as soon as practicable and in any case not later than six weeks after the requisition is deposited — and if it does not, the Commissioner of Buildings may authorise someone else to convene it.

Quick summary

Quick answer

Best for

Owners who want a say in how their building is run, and anyone deciding whether to stand for the committee.

Risk level

Medium

Buyer action

Send Lewis your building name, the charge you pay and what you are trying to decide, and he will tell you what to check first.

The meeting that sets your bill

The question here is a minority of owners can requisition a meeting. Know the exact threshold and timeline before you start collecting signatures. The Act sets hard deadlines on the developer, the JMB and the MC — and attaches offences to missing them.

The threshold is share units, not headcount

An extraordinary general meeting must be convened by the committee upon a written requisition made by proprietors who are together entitled to at least one quarter of the aggregate share units — allocated share units where a joint management body is running the scheme. That threshold is measured in share units, not in the number of owners, which matters enormously in practice. In a building with a wide spread of unit sizes, twenty-five per cent of the share units can be assembled from a fraction of the owners. Work out the aggregate share units first, then work out how many signatures you actually need.

What the requisition must contain

Three requirements. The requisition must state the objects of the meeting — the specific matters to be decided, not a general complaint. It must be signed by the requisitionists. And it must be deposited at the registered office of the management body. Each of these is a point on which a badly prepared requisition gets refused, so treat the document seriously: list the resolutions you want put, get real signatures against parcel numbers and share units, and deposit it where the Act says rather than handing it to a committee member.

Six weeks, and what happens if the committee sits on it

Once the requisition is deposited, the extraordinary general meeting must be held as soon as practicable, and in any case not later than six weeks after deposit. That is the outer limit, not the target. If the committee fails to convene within those six weeks, the Commissioner of Buildings may authorise in writing any person to convene the extraordinary general meeting. The same power appears in paragraph 11(5)(a) of the Second Schedule where the Commissioner is satisfied that the management committee is not properly constituted. So a committee that ignores a valid requisition does not block the meeting — it hands the convening power to the Commissioner.

How to run the process so it holds up

Date the requisition and get an acknowledgement of deposit. Diarise six weeks. Write once at week four asking for the meeting date. If week six passes with no meeting, write to the Commissioner of Buildings attaching the requisition, the acknowledgement of deposit and your follow-up, and ask for authorisation under the Second Schedule for a named person to convene it. The paper trail is what turns a grievance into an application the Commissioner can act on.

Verify this against your own building

Check your own scheme's by-laws and the notice actually issued for your meeting — deadlines and quorum rules are statutory, but schemes add valid variations. Where a decision looks irregular, put the objection in writing before the meeting, not after.

Buyer checklist

One quarter of the aggregate share units (or allocated share units under a JMB), a written requisition stating the objects of the meeting, signed by the requisitionists and deposited at the registered office. The meeting must then be held not later than six weeks from deposit. If the committee lets that pass, the Commissioner of Buildings may authorise any person in writing to convene it.

1

Get the aggregate share units for the scheme, then compute what 25% actually requires in signatures.

2

State the objects of the meeting as specific resolutions, not as a general complaint.

3

Collect signatures against parcel numbers and share units so the threshold can be verified.

4

Deposit the requisition at the registered office and obtain a dated acknowledgement.

5

Diarise six weeks; if it passes, write to the Commissioner of Buildings with the full paper trail.

Common questions

How many owners do we need to call an EGM?

Owners together entitled to at least one quarter of the aggregate share units — allocated share units under a joint management body. It is measured in share units, not in number of owners.

How soon must the EGM be held?

As soon as practicable, and in any case not later than six weeks after the requisition is deposited at the registered office.

What must the requisition say?

It must state the objects of the meeting, be signed by the requisitionists, and be deposited at the registered office of the management body.

What if the committee refuses to convene it?

If the committee fails to convene within six weeks, the Commissioner of Buildings may authorise in writing any person to convene the extraordinary general meeting.

Lewis Chong REN 69566

Lewis Chong

REN 69566 · IQI Global

Property advisor helping KL, JB, and Penang buyers make data-backed property decisions.

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Get the aggregate share units for the scheme, then compute what 25% actually requires in signatures.

Send

State the objects of the meeting as specific resolutions, not as a general complaint.

Send

Collect signatures against parcel numbers and share units so the threshold can be verified.

Send

Deposit the requisition at the registered office and obtain a dated acknowledgement.

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