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Membership and Organization based on Encouragement of the Management of Owned Condominium in DKI Jakarta

By January 29, 2019 No Comments

Membership and Organization

Membership

Only the Owner or Tenant may obtain proxy from the Owner of the condominium unit who can become a member. However, please note that the Owner who is not the tenant of condominium unit cannot occupy positions in the management structure.

Each P3SRS member has voting right related to:

  1. tenancy interest which includes the determination of rules, and determination of the IPL amount for security, hygiene and social affairs;
  2. ownership, including joint ownership of joint equipment, joint land and joint facility, ownership of condominium unit, and ownership cost of condominium unit;
  3. Management, including operational activity, maintenance and reapir of joint equipment, joint land and joint facility, and payment of management cost and fire insurance.

Voting right for tenancy interest is based on the one man one vote concept or only have one vote for each member. While voting right for ownership and management is based on NPP.

The condominium unit buyers are required to administrate their membership, no later than 30 (thirty) days after becoming the Owner.

Organization

The organizational structure of P3SRS is formulated in the deed of establishment, AD/ ART which has been ratified based on a decision of deliberation. The manager of P3SRS consists of at least the chairperson, secretary, treasurer, and unit related to management and tenancy.

The management sector has the duty to do the encouragement and supervision activity of Condominium. The tenancy sector is in charge of carrying out the activity of Tenant development and carrying out the administrative activity of ownership and tenancy.

P3SRS supervisor has the following tasks:

  1. carry out the supervision and provide recommendation of organizing management and/or management conducted by the manager and/or property manager of Condominium;
  2. supervise the implementation of tenancy of condominium unit so that the Tenant complies with the provisions stated in the AD/ART, and tenancy rules; and

other functions formulated in AD/ART.

Deed of Establishment, AD/ART

General

The deed of establishment of P3SRS is made by a Notary who is domiciled and operating in the P3SRS area. The deed contains the main points of statement of establishment, organizational structure, management structure and basic provisions of the P3SRS organization.

Rules of Residential and Ownership of Condominium Units

Rules and other regulations regarding tenancy are prepared by the manager in the General Meeting of Members (“RUA”). If there is a violation of residential rules, the Owner and/or Tenant must report that violation so that the manager can give the sanction.

P3SRS is obliged to secure the condominium unit ownership by recording each Owner and/or Tenant and recording each transfer of ownership right over condominium unit or condominium unit tenancy and is entitled to refuse the registration of deed of transfer ownership right over condominium unit or the transfer of tenancy right of condominium unit that are not in accordance with AD/ART.

Recording and Endorsement

The Deed of Establishment, AD/ ART must be registered and ratified by the Head of Housing Agency as evidenced by the registration number known and sent to the Mayor in accordance with the P3SRS’ domicile, submitted by the elected manager signed by the Chairperson and Secretary by attaching the attendance list to the RUA participant, Deed Establishment, AD/ART, copy of AJB and/or copy of Condominium unit SHM/SKBG of selected manager.

Management Change

General

The change in management of P3SRS is conducted through RUA as a result of the termination of the management period, the manager has resigned, dismissed by the RUA, is deceased, and is not qualified as a manager and supervisor.

Recording and Ratification of Management Changes

If there is a change or amendment in management and / or supervisor, it must be recorded and ratified to the Housing Agency with copies to the Mayor in accordance with the P3SRS’ domicile, no later than 14 working days after being approved in RUA by attaching at least: (i) attendance list of RUA’s participants, (ii) minutes of management changes, and (iii) deed of change of management.

Management of Joint Equipment, Joint Facility and Joint Land

General

The developer submits the condominium unit to the Owner in accordance with the provisions in the CSPA between the Developer and the Owner after the condominium unit is equipped with SLF and SHMSRS. In the submission of condominium unit, the Developer must complete the obligation of space utilization to the Regional Government as evidenced by the minutes of delivery of those obligations.

Within a maximum period of 3 months from the formation of the P3SRS and recorded by the Housing Agency, the developer must submit the management of the Joint Facility, Joint Equipment, Joint Land and tenancy to P3SRS conducted before a notary by carrying out a financial audit by a public accountant agreed with the P3SRS’s manager. This submission is supplemented with all equipment and its supporting documents.

The developer is also required to submit technical documents to P3SRS in the form of:

  1. title of division;
  2. Deed of separation;
  3. technical data on construction of Condominium;
  4. picture built (as built drawing); and
  5. all licenses.

After P3SRS receives management, then P3SRS must take care the interest of the Owner and Tenant related to joint facility, joint equipment and joint land, and the Developer serves as the Owner of unsold condominium unit.

Condominium Management

General

Condominium management includes operational activity, maintenance and repair of joint equipment, joint facility, joint land and tenancy, which is carried out by the manager formed or appointed by P3SRS. The establishment or appointment of the manager is carried out no later than 3 (three) months after P3SRS is ratified by the Housing Agency.

Operational Activities

The operational activities  of Condominium must be carried out periodically in accordance with and guided by the provisions of the operation of building, which at least includes:

  1. socialization of use of Condominium’s joint equipment, joint facility, joint land and tenancy;
  2. operation of plumbing equipment, wastewater treatment plants, fire fighting facilities, elevators, disaster prevention and mitigation facilities, mechanical, electrical, electronic, and building equipment inside and outside Condominium building;
  3. road operations, drainage, sanitation, parking, parks, playgrounds, sports facilities, religious facilities / worship, community hall, evacuation room, lighting; and

implementation of order management and environmental hygiene;

Maintenance Activity

Condominium maintenance activity for the Joint Facility, Joint Equipment, and Joint Land at least includes: (i) cleaning, (ii) tidying, (iii) inspection, and / or (iv) testing. Condominium maintenance is carried out to ensure the fulfillment of safety, security, health, comfort, convenience and reliability, for building and area.

Repair Activity

Repair activity includes repair and/or replace: (i) parts of building, components and building materials, and/or (ii) infrastructure, facilities and public utilities.

Manager of Condominium

General

A property manager is required to be a legal entity registered and obtained business licenses as service providers of management of Condominium and operational management licenses at each location of the Governor of DKI Jakarta.

In conducting the management of Condominium, a property manager can collaborate with other parties as outlined in a written agreement.

P3SRS may form or appoint a property manager. The appointment of property manager is carried out through an open and transparent tender process.

A property manager is also required to make a management report to the manager quarterly, which includes:

  1. inventory of problems and resolution efforts;
  2. performance report;
  3. financial statements; and

report on the operation, repair and maintenance of joint facility, joint equipment and joint land.