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Formation of P3SRS based on Encouragement of the Management of Owned Condominium in DKI Jakarta

By January 29, 2019 No Comments

Formation of P3SRS

General

The formation of P3SRS is organized by the Committee facilitated by the Developer in the form of required accommodation and facilities. The objectives of the establishment of the P3SRS are to determine: (i) the formation of an organizational structure, (ii) the preparation and stipulation of the by-laws, (iii) the preparation and stipulation of tenancy rules, (iv) the selection of P3SRS’ managers and supervisors.

The decision on the formation of organizational structures, preparation and stipulation of Articles of Association/By-Laws (“AD/ART”) and the formulation and stipulation of residential rules are conducted by deliberation to reach consensus. While the decision-making mechanism for the selection of P3SRS’ manager and supervisor are conducted by voting, that is, each Owner only has 1 (one) vote despite having more than 1 (one) Condominium Unit (One Man One Vote).

Implementation of Deliberation

The deliberation is carried out by Committee by inviting all Owners to attend the deliberations and representatives of the Regional Government as observers.

Invitations are submitted no later than 7 days prior to the deliberation, by attaching (i) the draft rules of deliberation, (ii) the draft AD / ART, and (iii) the draft of tenancy rules as already consulted by the Committee with the Housing Agency.

Deliberation Participants

The deliberation participants consist of the Developer or its representative based on a power of attorney with valid resident documents. Individuals who can become representatives of the Owner are (i) husband or wife, (ii) biological parents, (iii) one of the siblings, (iv) one of the children who has grown up and in 1 (one) family card, or (v) one of the managers of the legal entity listed in the deed of establishment, or permanent employee (in the case of the Owner is a legal entity).

When attending the deliberation meeting, participants are required to bring proof of ownership and sign the attendance register. The evidence and signatures are the basis for voting ownership.

In addition to deliberation participants, the Housing Agency, Mayor, RT/RW who are present at the meeting as observers, and have the right to express their opinions, but do not have voting right.

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Deleberation Agenda

Deliberation is held to discuss and decide:

  1. Election of head of deliberation.
  2. Ratification of the rules of deliberation and schedule of the deliberation.
  3. Establishment of the organizational structure and description of the duties of the management and duties of the supervisor.
  4. Endorsement of the P3SRS’ instructor, AD/ART.
  5. Ratification of the rules of tenancy.
  6. Approval of the t work program of the managers.
  7. Selection of manager and supervisor.
  8. Witness the signing of the integrity and management pact by the appointed managers and supervisors.

Quorum of Deliberation Participants

The deliberation is considered valid if attended by more than 50% of the total Owners. If this is not achieved until the time limit specified in the invitation, then the opening of the deliberation is delayed by a minimum of 30 (thirty) minutes or a maximum of 2 (two) hours. If up to the time limit the Owner present has not fulfilled the quorum, then the Committee invites the Owner no later than 7 (seven) to 30 (thirty) calendar days before the next deliberation. Invitations for delayed deliberations must be submitted no later than 7 calendar days before the deliberation is held.

If the delay yet to reach the quorum, the deliberation is postponed for a minimum of 30 minutes or a maximum of 2×60 minutes and if after the delay the quorum has not been reached, the head of the deliberation forum can carry out deliberation and deliberation may determine a valid decision.

Deliberation Decision Making

Decision making in this meeting is conducted by deliberation in the following matters:

  1. Election of head of deliberation;
  2. Ratification of the rules of deliberation and schedule of the deliberation;
  3. Ratification of the organizational structure and description of the duties of the manager and supervisors;
  4. Ratification of deed of establishment, AD/ART;
  5. Approval of the work program of the managers;
  6. Ratification of rules of tenancy;
  7. Ratification of elected managers  and supervisors;

If deliberation is not reached, then the decision is made based on voting.

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Leader gf the Deliberation

The deliberation is led by a chairperson and 2 (two) members.

Ratification of the Rules of Deliberation and Deliberation Schedule

The draft rules and schedule of deliberation are prepared by Committee to be agreed upon in the deliberation, which at least contains:

  1. stages / procedures for selection;
  2. voter’s voting right;
  3. time and place of the election; and

requirements of supervisor and manager.

Establishment of Organizational Structure

The establishment of the P3SRS’ organizational structure is set forth in deliberation through deliberation, which consists of manager and supervisor. The management of P3SRS must be an odd number, which at least consists of the chairperson, secretary, treasurer, and units related to management and tenancy. Whereas the Supervisor must be an odd number of at least 5 (five) people, comprises the chairperson who also serves as a member, a secretary who also serves as  a member, and 3 (three) members of the Owner.

Discussion and Stipulation of AD/ART

Discussion of the draft of AD and ART is carried out by deliberation to be ratified. During the discussion, the head of the deliberation can ask the Committee to guide the discussion.

Selection of P3SRS Managers and Supervisors

P3SRS’ manager and supervisor are the Owner of condominium unit that meet the following requirements:

  1. Indonesian citizens;
  2. physically and mentally healthy;
  3. their ID card is in accordance with condominium address;
  4. not undergoing a criminal status;
  5. at least 21 years and/or married;
  6. domiciled in condominium based on proof of legal ownership;
  7. if the proof of ownership is recorded on behalf of the husband and/or wife who is married, and has more than one condominium unit, then only one of them can be chosen as a manager or supervisor;
  8. has never served as a manager or supervisor in 2 (two) tenure periods;
  9. not having status as a manager or supervisor in another condominium;
  10. there is no working relationship with other managers or supervisors;

The term of manager and supervisor of the P3SRS is the longest for 2 (two) periods.