ANyone has any comments on this?
Dear Sir,
Recently we had a meeting with the management of developer on the issue of having an office to run the daily operation of JMB. JMC memebers are of the view that developer should have built an office for us but the developer management said they had no obligation to bouild an office for since there is no rule or regulation stating so.
Is there any advice from you on this issue? Or is there any act or regulation that we can refer to as a supporting document so that we have better grounds to request for an JMB office from the developer?
Monday, February 8, 2010
Thursday, February 4, 2010
How many to a unit? Condo = student"s hostel?
College and condo management in a dispute
Story and photo by LIM CHIA YING
chiaying@thestar.com.my
SPARKS flew when the Le Chateau 2 condominium Joint Management Body (JMB) and Nirwana College clashed over the maximum number of students that should be allowed to stay in the condo units.
The dispute arose after the JMB reintroduced the use of residents’ cards on Tuesday which limited only five people per household as decided by the annual general meeting held by the JMB last year.
Nirwana College, which is renting some of the units at Le Chateau 2 for its students, had placed between eight and 10 students per unit.
This has become the cause of contention with the Le Chateau 2 JMB after its new policy was set.
The JMB claimed that the overcrowding of units created a nosiy atmosphere for the rest.
They also alleged that some of the students misbehaved by gathering at the corridors particularly late at night.
On Tuesday evening, students who came back from their classes found that they could not enter the condominium premises, and sat stranded outside the compound.
In discussion: Maran (facing camera, second from right) talking to some of the JMB members and residents.
A student, who declined to be named, said they were from outstation, and had thought it was a hostel for students instead of a condominium.
JMB chairman Foong Chin Fee said the house rule was implemented on Jan 25 after it was unanimously agreed during their September AGM that there will be no more than five people to an apartment.
“Our JMB then issued residents card from October last year to Jan 1 this year. And when the house rule was implemented on Jan 25, a group of about 10 men stormed in to intimidate and threaten us.
“We lodged a police report at the Brickfields police station that same evening with a footage of the incident on our CCTV,” said Foong.
During Tuesday’s confrontation, a few men in blue had stationed themselves inside the condominium while awaiting the arrival of the college management.
As soon as one of the college representatives arrived, he told the students to go inside the condominium.
The man, who identified himself as the college managing director Maran A.K.Kannan, said the Deputy Housing Minister in 2006 had already decided on this particular issue and claimed that the Kuala Lumpur City Hall (DBKL) had also agreed that a small apartment unit will house eight people while a bigger one houses 10.
“The DBKL came to measure the built-up area of the apartment and this issue had been resolved then. We have a letter issued by them on this,” he said.
Maran, who came together with his administration and operations director S.N.Thanabalan, said the students are from poor families hence the college was helping to rent the units on their behalf.
“We have also signed the tenancy agreement in 2006 for this, so you cannot just bar my students from coming in,” he told the JMB members.
“If you wish, you can send us a lawyer’s letter and we will counter sue.”
Maran later said being a college, it was not cost-effective for them to just have five students per unit.
Foong said the JMB would still proceed with their house rule.
“If he claims to have the Housing Ministry’s approval letter, then he should have brought such an important document to show us today.”
When asked what happens to families with more than five members, he said the family concerned could write in to apply to waive the condition.
“We want to prevent our condominium from being turned into a students’ hostel,” he said.
Story and photo by LIM CHIA YING
chiaying@thestar.com.my
SPARKS flew when the Le Chateau 2 condominium Joint Management Body (JMB) and Nirwana College clashed over the maximum number of students that should be allowed to stay in the condo units.
The dispute arose after the JMB reintroduced the use of residents’ cards on Tuesday which limited only five people per household as decided by the annual general meeting held by the JMB last year.
Nirwana College, which is renting some of the units at Le Chateau 2 for its students, had placed between eight and 10 students per unit.
This has become the cause of contention with the Le Chateau 2 JMB after its new policy was set.
The JMB claimed that the overcrowding of units created a nosiy atmosphere for the rest.
They also alleged that some of the students misbehaved by gathering at the corridors particularly late at night.
On Tuesday evening, students who came back from their classes found that they could not enter the condominium premises, and sat stranded outside the compound.
In discussion: Maran (facing camera, second from right) talking to some of the JMB members and residents.
A student, who declined to be named, said they were from outstation, and had thought it was a hostel for students instead of a condominium.
JMB chairman Foong Chin Fee said the house rule was implemented on Jan 25 after it was unanimously agreed during their September AGM that there will be no more than five people to an apartment.
“Our JMB then issued residents card from October last year to Jan 1 this year. And when the house rule was implemented on Jan 25, a group of about 10 men stormed in to intimidate and threaten us.
“We lodged a police report at the Brickfields police station that same evening with a footage of the incident on our CCTV,” said Foong.
During Tuesday’s confrontation, a few men in blue had stationed themselves inside the condominium while awaiting the arrival of the college management.
As soon as one of the college representatives arrived, he told the students to go inside the condominium.
The man, who identified himself as the college managing director Maran A.K.Kannan, said the Deputy Housing Minister in 2006 had already decided on this particular issue and claimed that the Kuala Lumpur City Hall (DBKL) had also agreed that a small apartment unit will house eight people while a bigger one houses 10.
“The DBKL came to measure the built-up area of the apartment and this issue had been resolved then. We have a letter issued by them on this,” he said.
Maran, who came together with his administration and operations director S.N.Thanabalan, said the students are from poor families hence the college was helping to rent the units on their behalf.
“We have also signed the tenancy agreement in 2006 for this, so you cannot just bar my students from coming in,” he told the JMB members.
“If you wish, you can send us a lawyer’s letter and we will counter sue.”
Maran later said being a college, it was not cost-effective for them to just have five students per unit.
Foong said the JMB would still proceed with their house rule.
“If he claims to have the Housing Ministry’s approval letter, then he should have brought such an important document to show us today.”
When asked what happens to families with more than five members, he said the family concerned could write in to apply to waive the condition.
“We want to prevent our condominium from being turned into a students’ hostel,” he said.
Sunday, January 3, 2010
Making high-rise living conducive for all
Kong: We will strive to help make high-rise living conducive for all
By FOONG PEK YEE
THE commitment of buying a flat, apartment or condominium is heavy and for some, is a journey fraught with uncertainties.
Many have ended up having nightmares after achieving the dream of owning a home – from poor security, faulty lifts, dirty surroundings to bad neighbours. All is not lost, though.
Housing and Local Government Minister Datuk Seri Kong Cho Ha says his ministry will go all out to help make the newly-implemented Building and Common Property (Maintenance and Management) Act 2007 (BCPMMA) work.
The minister gives his take on how to make high-rise living a conducive affair not only for yourself, but also your neighbours.
Q: Datuk Seri, how serious is the problem of owners not paying up maintenance charges?
A: The problem is quite serious, especially among low-cost housing projects.
How do we overcome this problem?
We (the ministry) are looking into various ways, including educating the people on the importance of having enough funds to maintain their property. A well-maintained and managed property not only provides a conducive living environment, but also enhances the property value.
There have been many reports in the media about poorly-maintained and managed buildings, particularly those involving low- and low-medium cost projects. Many cases are serious, like the joint management body (JMB) owing hundreds of thousands of ringgit in electricity bills; or tens of thousands of ringgit in water bills and faulty lifts.
Many of the serious problems are cumulative in nature. The owners and those in the maintenance and management side must work together right from the start.
As owners, one must take an interest in the way your property is being maintained and managed. The owners can participate in meetings, particularly the annual meetings (AGM).
Channel your grouses at meetings, propose solutions for common good and exercise your right as a good neighbour when matters are put to a vote.
Do your part as an owner, resident, including as a tenant. Keep an eye on the surroundings and report misgivings to the building management.
But there have been serious complaints on the developer, JMB or even MC for not doing their job. For instance, of JMB members who went missing, money gone from the building maintenance account and dubious accounting.
We (ministry) are coming up with programmes to educate the developer, JMB or management corporation (MC) on how they can do a better job.
What are the roles, duties and responsibilities of the developer, JMB and MC?
The details are stipulated in the BCPMMA. In short, the developer will maintain and manage the property before the delivery of vacant possession. Within 12 months from the date of delivery of vacant possession, the developer must convene the first meeting to form the JMB which comprises the developer and at least five and not more than 12 owners of the property.
The JMB takes over the task from the developer and appoints a joint management committee (JMC) to do the job on its behalf.
Once the strata titles for the property are registered, a management corporation will be formed to take over the task from the JMB.
The MC will form a MC council, comprising at least three and not more than 14 owners of the property to undertake the task. The MC council will be elected at each AGM and shall cease office at the next AGM.
Who will oversee the performance of the developer, JMB or even the MC?
The owners can forward their complaints on the developer, JMB or MC to the controller of buildings (COB).
The COB is the president of the local council where their property is located.
The COB is empowered, among others, to appoint a managing agent (MA) to take over the duties of the developer, JMB or MC if the COB is satisfied that they are not doing their job. I will like to advise the COB to perform their duties and exercise their power.
What are the obligations of the owners of the property?
Under the BCPMMA, an owner convicted of not paying maintenance fees can be fined up to RM5,000, and RM50 per day from the day of conviction when the offence continued.
The law also provides for the removables of the defaulters to be sold to recover the debt.
Apart from being a good neighbour and not being a nuisance to begin with, owners and residents including tenants, must also understand that they are governed by house rules and it is their duty to adhere to the rules.
This covers matters such as security, cleanliness, the use of common property, maintenance of the individual unit as well as renovation work.
Who determines the maintenance fees?
The developer determines the fees according to the share value. The share value will depend on the parcel area. But later, the JMB or MC has the right to determine the new rate based on changing needs.
Developers tend to list out an impressive range of resort-like living facilities in their promotion. However, there have been cases where a swimming pool turned out to be no more than a children’s wading pool. How to check such problems?
Owners should be discerning. You must find out what you are going to pay for before deciding on the purchase. Read the fine line and ask questions. Do your homework. This is a free market. There is no specific guideline for the developer to follow as to the type of facilities they include in their projects. But developers can be charged for misleading advertisements.
At least one big developer has said that his company will reduce the number of facilities to basic ones like security, swimming pool and tennis courts in his upcoming development. He said this would keep maintenance fees low. Those wishing to use the non-available facilities can do so in a club nearby. All owners will be given club membership. Do you think it is time to consider suggestions such as the “you use, you pay system”?
Can residents ask to discontinue certain facilities in a state of disrepair or those hardly used?
Residents can bring up the matters at the AGM and put them to a vote.
The ministry is always open to suggestions and will study them before taking the next course of action.
There are suggestions to set up a tribunal to expedite the hearing of cases brought about by the aggrieved parties in high-rise residential units. Has the ministry received such a proposal?
The proposal is still under discussion.
Questions on the usage of funds. For instance, the new management of a condominium in Petaling Jaya had boasted of cutting the money spent on gardening in the common areas by more than half, from RM240,000 in 2007 to RM108,000 the following year. Can the owners ask those concerned to explain the vast difference?
Yes, they can. But the former management is not obliged to answer because they are expected to answer and explain everything during the AGM.
Who will audit the accounts of the maintenance funds? If owners are unhappy over the accounting, where can they channel their complaints?
The auditor appointed by the JMB or MC will do the auditing. The unhappy residents can channel their complaints to the COB in their respective areas.
By FOONG PEK YEE
THE commitment of buying a flat, apartment or condominium is heavy and for some, is a journey fraught with uncertainties.
Many have ended up having nightmares after achieving the dream of owning a home – from poor security, faulty lifts, dirty surroundings to bad neighbours. All is not lost, though.
Housing and Local Government Minister Datuk Seri Kong Cho Ha says his ministry will go all out to help make the newly-implemented Building and Common Property (Maintenance and Management) Act 2007 (BCPMMA) work.
The minister gives his take on how to make high-rise living a conducive affair not only for yourself, but also your neighbours.
Q: Datuk Seri, how serious is the problem of owners not paying up maintenance charges?
A: The problem is quite serious, especially among low-cost housing projects.
How do we overcome this problem?
We (the ministry) are looking into various ways, including educating the people on the importance of having enough funds to maintain their property. A well-maintained and managed property not only provides a conducive living environment, but also enhances the property value.
There have been many reports in the media about poorly-maintained and managed buildings, particularly those involving low- and low-medium cost projects. Many cases are serious, like the joint management body (JMB) owing hundreds of thousands of ringgit in electricity bills; or tens of thousands of ringgit in water bills and faulty lifts.
Many of the serious problems are cumulative in nature. The owners and those in the maintenance and management side must work together right from the start.
As owners, one must take an interest in the way your property is being maintained and managed. The owners can participate in meetings, particularly the annual meetings (AGM).
Channel your grouses at meetings, propose solutions for common good and exercise your right as a good neighbour when matters are put to a vote.
Do your part as an owner, resident, including as a tenant. Keep an eye on the surroundings and report misgivings to the building management.
But there have been serious complaints on the developer, JMB or even MC for not doing their job. For instance, of JMB members who went missing, money gone from the building maintenance account and dubious accounting.
We (ministry) are coming up with programmes to educate the developer, JMB or management corporation (MC) on how they can do a better job.
What are the roles, duties and responsibilities of the developer, JMB and MC?
The details are stipulated in the BCPMMA. In short, the developer will maintain and manage the property before the delivery of vacant possession. Within 12 months from the date of delivery of vacant possession, the developer must convene the first meeting to form the JMB which comprises the developer and at least five and not more than 12 owners of the property.
The JMB takes over the task from the developer and appoints a joint management committee (JMC) to do the job on its behalf.
Once the strata titles for the property are registered, a management corporation will be formed to take over the task from the JMB.
The MC will form a MC council, comprising at least three and not more than 14 owners of the property to undertake the task. The MC council will be elected at each AGM and shall cease office at the next AGM.
Who will oversee the performance of the developer, JMB or even the MC?
The owners can forward their complaints on the developer, JMB or MC to the controller of buildings (COB).
The COB is the president of the local council where their property is located.
The COB is empowered, among others, to appoint a managing agent (MA) to take over the duties of the developer, JMB or MC if the COB is satisfied that they are not doing their job. I will like to advise the COB to perform their duties and exercise their power.
What are the obligations of the owners of the property?
Under the BCPMMA, an owner convicted of not paying maintenance fees can be fined up to RM5,000, and RM50 per day from the day of conviction when the offence continued.
The law also provides for the removables of the defaulters to be sold to recover the debt.
Apart from being a good neighbour and not being a nuisance to begin with, owners and residents including tenants, must also understand that they are governed by house rules and it is their duty to adhere to the rules.
This covers matters such as security, cleanliness, the use of common property, maintenance of the individual unit as well as renovation work.
Who determines the maintenance fees?
The developer determines the fees according to the share value. The share value will depend on the parcel area. But later, the JMB or MC has the right to determine the new rate based on changing needs.
Developers tend to list out an impressive range of resort-like living facilities in their promotion. However, there have been cases where a swimming pool turned out to be no more than a children’s wading pool. How to check such problems?
Owners should be discerning. You must find out what you are going to pay for before deciding on the purchase. Read the fine line and ask questions. Do your homework. This is a free market. There is no specific guideline for the developer to follow as to the type of facilities they include in their projects. But developers can be charged for misleading advertisements.
At least one big developer has said that his company will reduce the number of facilities to basic ones like security, swimming pool and tennis courts in his upcoming development. He said this would keep maintenance fees low. Those wishing to use the non-available facilities can do so in a club nearby. All owners will be given club membership. Do you think it is time to consider suggestions such as the “you use, you pay system”?
Can residents ask to discontinue certain facilities in a state of disrepair or those hardly used?
Residents can bring up the matters at the AGM and put them to a vote.
The ministry is always open to suggestions and will study them before taking the next course of action.
There are suggestions to set up a tribunal to expedite the hearing of cases brought about by the aggrieved parties in high-rise residential units. Has the ministry received such a proposal?
The proposal is still under discussion.
Questions on the usage of funds. For instance, the new management of a condominium in Petaling Jaya had boasted of cutting the money spent on gardening in the common areas by more than half, from RM240,000 in 2007 to RM108,000 the following year. Can the owners ask those concerned to explain the vast difference?
Yes, they can. But the former management is not obliged to answer because they are expected to answer and explain everything during the AGM.
Who will audit the accounts of the maintenance funds? If owners are unhappy over the accounting, where can they channel their complaints?
The auditor appointed by the JMB or MC will do the auditing. The unhappy residents can channel their complaints to the COB in their respective areas.
Tuesday, November 3, 2009
JMC - and more issues.....
Residents upset over JMC spending
By STUART MICHAEL
RESIDENTS of Rosewood Court apartment in Bandar Tasik Puteri, Rawang, are upset with their Joint Management Committee (JMC) for spending more than RM30,000 over the last seven and a half months.
The Rosewood Court JMC account had a balance of more than RM29,000 when the current committee took office on March 15 this year.
Now, there is only RM4,872 left, according to the bank statement for October 2009.
Former Rosewood Court JMC chairman Suhaimi Abdul Majid, 46, said the present committee had bought a computer, tables, printers and unnecessary equipment for the office.
Only a third of the units occupied: The Rosewood Court apartments in Bandar Tasik Puteri, Rawang.
“It is unnecessary spending and a waste of funds. I would have spent the money on maintenance or saved it for other items, like cleaning drains, cutting grass, and repairing lights and cracks.
“We are unhappy that the JMC appointed a company, NHO Management, to maintain the property and although the JMC pays RM4,700 every month, there has been no maintenance work except for lighting in the compound and the cutting of grass.Moreover, it is using the JMC office without paying rental.
“We have so many professionals among us — Tenaga Nasional Berhad technicians, grass-cutters, engineers, technicians — who are willing to help us cut costs,’’ he said.
Resident Liliruhida Abdullah said they wanted to meet the JMC to discuss issues at least once a month or once in two months, but the committee refused.
“It seems like the JMC, the Selayang Municipal Council (MPS) and the MPS councillor in charge of the area do not want to listen to our problems, like cracks appearing on the walls, no proper lighting at the staircase, grass in our compound not being cut, dogs roaming freely and even chasing our school-going children, and absence of lifts.
“We want a JMC that will fight for our rights and not just ignore the issues we raise,” she said.
Another resident Nor Azean Abdul Hamid, 32, said she had faced a lot of problems since shifting from Kampung Kayu Ara in Damansara last year.
“Water seeps from the bathroom above my unit into my master bedroom and another room, and there is nothing I can do about it. Cracks have started to appear in my unit as well as other units, and we fear the apartment might collapse one day,” she said.
Khairul Anuar Salleh, 33, who has lived there for two years, said the JMC had not informed residents about the backdated TNB electricty bills nor tabled proper accounts on the matter.
“We want to know how the money was spent, and the exact figures,” he said.
Meanwhile, Rosewood Court JMC chairman Mohd Rosli Arshad said only 20-30% of tenants paid the maintenance fees.
“The maintenance fee is only RM45 monthly, and only about one-third of the 300 units are occupied.
“Our average collection is between RM1,000 and RM4,000 monthly and we have to pay NHO Management RM4,700 each month. We are supposed to pay RM5,000 monthly but RM300 is deducted as rental.
“We must bear in mind that NHO Management has to pay workers to cut the grass and clean the drains, as well as the clerk in the office who collects the maintenance fees.
“Because the money received from the maintenance fees is very little, we could only have the grass cut, the drains swept and the lights at the staircases fixed.
“At present, we are facing a shortage of funds because many of the residents refuse to pay the maintenance fees, so we hope they will pay up.
“We have written a letter to the developer five months ago, requesting that it bank RM50,000 into our account to repair the cracks on the wall and other problems. We are doing the best we can,” he said.
He added that the committee was considering the residents’ suggestion to have a meeting once a month or once in two months.
By STUART MICHAEL
RESIDENTS of Rosewood Court apartment in Bandar Tasik Puteri, Rawang, are upset with their Joint Management Committee (JMC) for spending more than RM30,000 over the last seven and a half months.
The Rosewood Court JMC account had a balance of more than RM29,000 when the current committee took office on March 15 this year.
Now, there is only RM4,872 left, according to the bank statement for October 2009.
Former Rosewood Court JMC chairman Suhaimi Abdul Majid, 46, said the present committee had bought a computer, tables, printers and unnecessary equipment for the office.
Only a third of the units occupied: The Rosewood Court apartments in Bandar Tasik Puteri, Rawang.
“It is unnecessary spending and a waste of funds. I would have spent the money on maintenance or saved it for other items, like cleaning drains, cutting grass, and repairing lights and cracks.
“We are unhappy that the JMC appointed a company, NHO Management, to maintain the property and although the JMC pays RM4,700 every month, there has been no maintenance work except for lighting in the compound and the cutting of grass.Moreover, it is using the JMC office without paying rental.
“We have so many professionals among us — Tenaga Nasional Berhad technicians, grass-cutters, engineers, technicians — who are willing to help us cut costs,’’ he said.
Resident Liliruhida Abdullah said they wanted to meet the JMC to discuss issues at least once a month or once in two months, but the committee refused.
“It seems like the JMC, the Selayang Municipal Council (MPS) and the MPS councillor in charge of the area do not want to listen to our problems, like cracks appearing on the walls, no proper lighting at the staircase, grass in our compound not being cut, dogs roaming freely and even chasing our school-going children, and absence of lifts.
“We want a JMC that will fight for our rights and not just ignore the issues we raise,” she said.
Another resident Nor Azean Abdul Hamid, 32, said she had faced a lot of problems since shifting from Kampung Kayu Ara in Damansara last year.
“Water seeps from the bathroom above my unit into my master bedroom and another room, and there is nothing I can do about it. Cracks have started to appear in my unit as well as other units, and we fear the apartment might collapse one day,” she said.
Khairul Anuar Salleh, 33, who has lived there for two years, said the JMC had not informed residents about the backdated TNB electricty bills nor tabled proper accounts on the matter.
“We want to know how the money was spent, and the exact figures,” he said.
Meanwhile, Rosewood Court JMC chairman Mohd Rosli Arshad said only 20-30% of tenants paid the maintenance fees.
“The maintenance fee is only RM45 monthly, and only about one-third of the 300 units are occupied.
“Our average collection is between RM1,000 and RM4,000 monthly and we have to pay NHO Management RM4,700 each month. We are supposed to pay RM5,000 monthly but RM300 is deducted as rental.
“We must bear in mind that NHO Management has to pay workers to cut the grass and clean the drains, as well as the clerk in the office who collects the maintenance fees.
“Because the money received from the maintenance fees is very little, we could only have the grass cut, the drains swept and the lights at the staircases fixed.
“At present, we are facing a shortage of funds because many of the residents refuse to pay the maintenance fees, so we hope they will pay up.
“We have written a letter to the developer five months ago, requesting that it bank RM50,000 into our account to repair the cracks on the wall and other problems. We are doing the best we can,” he said.
He added that the committee was considering the residents’ suggestion to have a meeting once a month or once in two months.
Tuesday, October 20, 2009
of Lavender, Dogs and the Smell...
Developer agrees to clean up the mess
By FAZLEENA AZIZ
THE developer of Vista Lavender in Puchong has agreed to channel its sewage discharge to a proper outlet.
According to Subang Jaya Municipal Council (MPSJ) president Datuk Adnan Md Ikshan, the developer has agreed to resolve the matter after a recent meeting.
“We will wait until December for them to do the necessary work,” he said.
StarMetro had reported on the channelling of sewage discharge into the main drain which leads to the Klang River.
It is believed that the illegal activity had been going on at the site for more than five years.
According to residents, the overflow from a sewerage manhole in the basement of the 15-storey Block A is being diverted into the main drain.
The developer has built a concrete barrier around the overflowing manhole and created an outlet to channel the sewage into a main drain.
During the meeting, Adnan also spoke about the lack of cleanliness with regard to high-rise residential areas.
He said that the problems were caused by the attitude of the residents.
“You find them throwing rubbish everywhere like in the lifts, pathways and out the windows, which is not right,” he said.
He also spoke about complaints of stray dogs at high-rise buildings.
“We have spoken to the joint management bodies (JMBs) and they have said that action will be taken.
“MPSJ is willing to offer assistance in such matters because we know that most of these JMBs are barely a year old,” he said
By FAZLEENA AZIZ
THE developer of Vista Lavender in Puchong has agreed to channel its sewage discharge to a proper outlet.
According to Subang Jaya Municipal Council (MPSJ) president Datuk Adnan Md Ikshan, the developer has agreed to resolve the matter after a recent meeting.
“We will wait until December for them to do the necessary work,” he said.
StarMetro had reported on the channelling of sewage discharge into the main drain which leads to the Klang River.
It is believed that the illegal activity had been going on at the site for more than five years.
According to residents, the overflow from a sewerage manhole in the basement of the 15-storey Block A is being diverted into the main drain.
The developer has built a concrete barrier around the overflowing manhole and created an outlet to channel the sewage into a main drain.
During the meeting, Adnan also spoke about the lack of cleanliness with regard to high-rise residential areas.
He said that the problems were caused by the attitude of the residents.
“You find them throwing rubbish everywhere like in the lifts, pathways and out the windows, which is not right,” he said.
He also spoke about complaints of stray dogs at high-rise buildings.
“We have spoken to the joint management bodies (JMBs) and they have said that action will be taken.
“MPSJ is willing to offer assistance in such matters because we know that most of these JMBs are barely a year old,” he said
Monday, October 19, 2009
The saga continues...
JMC member denies abuse of power
IN StarMetro’s report “Condo residents in a fix” on Aug 8, one of the residents of South City Condominium claimed that they had been denied the right to vote.
In an interview, Khong Chee Seng, who chaired the AGM, and Joint Management Committee (JMC) member Kan Wai Hoong provided their side of the story.
In the article, one of the residents was quoted as saying, “An outsider (non-condominium owner) called Khong Chee Seng was hired to chair the annual general meeting (AGM). He said that there was no need for an election as the elected JMB can continue their term for three years.
“We did not agree but he said that it was illegal to have an election.”
Khong denied ever having said it was illegal to have an election.
“We don’t deny that the election of JMC members was on the agenda as it is a standard procedure under the laws of Malaysia.
“I even acknowledged that it was the right of a consumer to vote, as stated in Act 663 (or Building and Common Property (Maintenance and Management) Act 2007), Section 11.2,” he said, presenting several documents pertaining to the duties and powers of a Joint Management Body.
However, he pointed out that in the Laws of Malaysia, under the heading of Joint Management Committee (JMC), “the committee shall consist of the developer and not less than five and not more than 12 purchasers, who shall be elected at the AGM of the Body and shall hold office for a period of not exceeding three years or until the dissolution of the body in accordance with section 15, whichever is earlier”.
“There would be an election, provided there is a vacancy in the JMC.
“Some residents claimed they had heard that some members would be resigning. They kept harping on the issue, telling the JMC to declare if there were any members resigning, but there was none,” he said.
It was mentioned in the article that residents had shown letters from the Subang Jaya Municipal Council (MPSJ) in reply to their complaint on the AGM, in which the council requested the JMB to provide the AGM minutes and an explanation as well as relevant documents.
In a second letter to the JMB chairman, the council ordered the committee to set a date for the EGM, in accordance with sub-section 10(2)(b) of the Building and Common Property (maintenance and management) Act 2007 (Act 663).
Khong said he had not received any letter from the MPSJ.
On his role as the chairman of the meeting, he said he had been proposed as an independent chairman and it was cleared when he registered.
Meanwhile, Kan said there was no abuse of power.
On the residents’ claim that they had been denied the right to view certain documents, he said, “They have to submit an official letter for permission to view the documents.
“The JMC is curious as to why these residents did not bring up issues during the AGM, which was a platform for them to do so.
“None of them asked about the car park and sinking funds,” he said.
“I’ve been a housing activist for the past 12 years as well as an adviser to JMCs.
“I don’t deny there are people who love me and those who hate me when I raise certain issues.
“I hope that this issue can be an eye-opener, not only for condo owners but also others, including government authorities.
“The fault lies in a lack of unified interpretation of the law. Hence, education is of the utmost priority and I hope the Selangor housing board can come up with clear guidelines to prevent ambiguity and confusion.
“We don’t want consumers to be victims of the process,” Khong said.
IN StarMetro’s report “Condo residents in a fix” on Aug 8, one of the residents of South City Condominium claimed that they had been denied the right to vote.
In an interview, Khong Chee Seng, who chaired the AGM, and Joint Management Committee (JMC) member Kan Wai Hoong provided their side of the story.
In the article, one of the residents was quoted as saying, “An outsider (non-condominium owner) called Khong Chee Seng was hired to chair the annual general meeting (AGM). He said that there was no need for an election as the elected JMB can continue their term for three years.
“We did not agree but he said that it was illegal to have an election.”
Khong denied ever having said it was illegal to have an election.
“We don’t deny that the election of JMC members was on the agenda as it is a standard procedure under the laws of Malaysia.
“I even acknowledged that it was the right of a consumer to vote, as stated in Act 663 (or Building and Common Property (Maintenance and Management) Act 2007), Section 11.2,” he said, presenting several documents pertaining to the duties and powers of a Joint Management Body.
However, he pointed out that in the Laws of Malaysia, under the heading of Joint Management Committee (JMC), “the committee shall consist of the developer and not less than five and not more than 12 purchasers, who shall be elected at the AGM of the Body and shall hold office for a period of not exceeding three years or until the dissolution of the body in accordance with section 15, whichever is earlier”.
“There would be an election, provided there is a vacancy in the JMC.
“Some residents claimed they had heard that some members would be resigning. They kept harping on the issue, telling the JMC to declare if there were any members resigning, but there was none,” he said.
It was mentioned in the article that residents had shown letters from the Subang Jaya Municipal Council (MPSJ) in reply to their complaint on the AGM, in which the council requested the JMB to provide the AGM minutes and an explanation as well as relevant documents.
In a second letter to the JMB chairman, the council ordered the committee to set a date for the EGM, in accordance with sub-section 10(2)(b) of the Building and Common Property (maintenance and management) Act 2007 (Act 663).
Khong said he had not received any letter from the MPSJ.
On his role as the chairman of the meeting, he said he had been proposed as an independent chairman and it was cleared when he registered.
Meanwhile, Kan said there was no abuse of power.
On the residents’ claim that they had been denied the right to view certain documents, he said, “They have to submit an official letter for permission to view the documents.
“The JMC is curious as to why these residents did not bring up issues during the AGM, which was a platform for them to do so.
“None of them asked about the car park and sinking funds,” he said.
“I’ve been a housing activist for the past 12 years as well as an adviser to JMCs.
“I don’t deny there are people who love me and those who hate me when I raise certain issues.
“I hope that this issue can be an eye-opener, not only for condo owners but also others, including government authorities.
“The fault lies in a lack of unified interpretation of the law. Hence, education is of the utmost priority and I hope the Selangor housing board can come up with clear guidelines to prevent ambiguity and confusion.
“We don’t want consumers to be victims of the process,” Khong said.
Thursday, October 8, 2009
An Inspiration?
Watch this...put together by YB ISKANDAR, EXCO for Housing.....
http://www.youtube.com/watch?v=V87z8e9IAyE
http://www.youtube.com/watch?v=V87z8e9IAyE
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