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.
Tuesday, November 3, 2009
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
Thursday, September 24, 2009
Developer's Response
WE REFER to the article “Medan Putra residents rejoice” (StarMetro, Sept 23, 2009) and would like to rebut some of the claims made against us.
The High Court decision in August allowed the registration of the Medan Putra JMB (JMB); however, this matter is now with the Court of Appeal.
The High Court did not decide to the effect that “To put it succinctly, a developer must set up a JMB before forming a Management Corporation, otherwise it is considered illegal and a new JMB must be formed”, as published in the article, nor did the High Court make any decision to the effect that the Management Corporation (MC) is illegal, as alleged and published.
In fact, there is no dispute or challenge that the MC, as stipulated in the Strata Titles Act 1985, has the authority to, inter alia, manage the condominium. On the other hand, as the MC was formed earlier than the JMB, the JMB should not be in existence.
The claim that “the condominium when run by the developer for eight years was dirty, had poor security, faulty lifts and cracked walls” is false and misleading.
The maintenance repairs and services for the condominium were provided efficaciously for the period mentioned.
It was only recently, since 2008, that some unauthorised persons allegedly running the JMB started collecting service maintenance and other charges illegally and, at the same time, informed purchasers not to pay the charges payable to the developer.
Such acts resulted in the interruption of services.
The monies collected by the aforesaid persons were not used to pay for the services, like cleaning, and other outgoings, such as water and electricity charges.
The claim that “some developers tried to challenge the new Act because they refused to hand over control of the management to the residents because the money collected for maintenance was lucrative” is false in so far as the Medan Putra Condominium is concerned.
It is also contrary to the more usual scenario in most condominiums, where there is invariably inadequate collection to meet the regular monthly expenditure for service maintenance and utilities, as is the case for Medan Putra Condominium.
The notion that the persons allegedly running the JMB represent and are supported by all the purchasers in the condominium is false and misleading.
Police reports had been lodged to show that numerous residents do not support and do not agree with the actions of those running the JMB.
LIM KHOON ONG,
Director,
Debir Desa Development Sdn Bhd
The High Court decision in August allowed the registration of the Medan Putra JMB (JMB); however, this matter is now with the Court of Appeal.
The High Court did not decide to the effect that “To put it succinctly, a developer must set up a JMB before forming a Management Corporation, otherwise it is considered illegal and a new JMB must be formed”, as published in the article, nor did the High Court make any decision to the effect that the Management Corporation (MC) is illegal, as alleged and published.
In fact, there is no dispute or challenge that the MC, as stipulated in the Strata Titles Act 1985, has the authority to, inter alia, manage the condominium. On the other hand, as the MC was formed earlier than the JMB, the JMB should not be in existence.
The claim that “the condominium when run by the developer for eight years was dirty, had poor security, faulty lifts and cracked walls” is false and misleading.
The maintenance repairs and services for the condominium were provided efficaciously for the period mentioned.
It was only recently, since 2008, that some unauthorised persons allegedly running the JMB started collecting service maintenance and other charges illegally and, at the same time, informed purchasers not to pay the charges payable to the developer.
Such acts resulted in the interruption of services.
The monies collected by the aforesaid persons were not used to pay for the services, like cleaning, and other outgoings, such as water and electricity charges.
The claim that “some developers tried to challenge the new Act because they refused to hand over control of the management to the residents because the money collected for maintenance was lucrative” is false in so far as the Medan Putra Condominium is concerned.
It is also contrary to the more usual scenario in most condominiums, where there is invariably inadequate collection to meet the regular monthly expenditure for service maintenance and utilities, as is the case for Medan Putra Condominium.
The notion that the persons allegedly running the JMB represent and are supported by all the purchasers in the condominium is false and misleading.
Police reports had been lodged to show that numerous residents do not support and do not agree with the actions of those running the JMB.
LIM KHOON ONG,
Director,
Debir Desa Development Sdn Bhd
Wednesday, September 23, 2009
A Positive Note
Court rules in favour of Medan Putra residents to form Joint Management Body
By STEVEN DANIEL
RESIDENTS and the Joint Management Body (JMB) of Medan Putra Condominium in Bandar Manjalara can now breathe a sigh of relief after a court decision ruled in their favour against the developer, said Segambut MP Lim Lip Eng.
He said the residents claimed that the condominium when run by the developer for almost eight years, was dirty, had poor security, faulty lifts and cracked walls.
“To solve their woes, the residents formed a Joint Management Body (JMB) in June 23, 2008 to take over the management of the building but was stopped by a court injunction by the developer,” he said.
Medan Putra JMB spokesman Gary Chan said the JMB was sanctioned on April 14. 2008 by the Commissioner of Buildings.
The JMB was registered on June 22, 2008 but the developer failed to attend a meeting with the residents even after sufficient notice was given.
Chan said High Court decision on Aug 10 clarified that under Section 4(1)(a) of the Building and Common Property (Maintaince and Management) Act 2007, the existence of the Management Corporation (MC) in April 12, 2007 does not relieve the developer of its mandatory obligation to establish a JMB
“To put it succintly, a developer must set up a JMB before forming a Management Corporation, otherwise it is considered illegal and a new JMB must be formed.
He said some developers tried to challenge the new Act because they refused to hand over control of the management to the residents because the money collected for maintenance was lucrative.
Meanwhile, the developer of the project, Debir Desa Development Sdn Bhd said they would be appealing for a stay at the Appeals Court on Oct 1.
Its director, Lim Khoon Ong, said they sought for a judicial review on several sections within the Building and Common Property (Maintaince and Management) Act 2007 (also known as Act 663) because they had other interpretations of the legislation.
“Under normal circumstances, most councils won’t consent to the formation of a JMB after MC is formed but in our case, the Commissioner of Buildings (COB) recognised JMB.
“This was the main reason why we challenged the COB and JMB as well as seek a clarification from the court on how the new act works,” he said
By STEVEN DANIEL
RESIDENTS and the Joint Management Body (JMB) of Medan Putra Condominium in Bandar Manjalara can now breathe a sigh of relief after a court decision ruled in their favour against the developer, said Segambut MP Lim Lip Eng.
He said the residents claimed that the condominium when run by the developer for almost eight years, was dirty, had poor security, faulty lifts and cracked walls.
“To solve their woes, the residents formed a Joint Management Body (JMB) in June 23, 2008 to take over the management of the building but was stopped by a court injunction by the developer,” he said.
Medan Putra JMB spokesman Gary Chan said the JMB was sanctioned on April 14. 2008 by the Commissioner of Buildings.
The JMB was registered on June 22, 2008 but the developer failed to attend a meeting with the residents even after sufficient notice was given.
Chan said High Court decision on Aug 10 clarified that under Section 4(1)(a) of the Building and Common Property (Maintaince and Management) Act 2007, the existence of the Management Corporation (MC) in April 12, 2007 does not relieve the developer of its mandatory obligation to establish a JMB
“To put it succintly, a developer must set up a JMB before forming a Management Corporation, otherwise it is considered illegal and a new JMB must be formed.
He said some developers tried to challenge the new Act because they refused to hand over control of the management to the residents because the money collected for maintenance was lucrative.
Meanwhile, the developer of the project, Debir Desa Development Sdn Bhd said they would be appealing for a stay at the Appeals Court on Oct 1.
Its director, Lim Khoon Ong, said they sought for a judicial review on several sections within the Building and Common Property (Maintaince and Management) Act 2007 (also known as Act 663) because they had other interpretations of the legislation.
“Under normal circumstances, most councils won’t consent to the formation of a JMB after MC is formed but in our case, the Commissioner of Buildings (COB) recognised JMB.
“This was the main reason why we challenged the COB and JMB as well as seek a clarification from the court on how the new act works,” he said
Wednesday, August 12, 2009
An Interesting Comment - SYABAS Water Migration Exercise
Syarikat Bekalan Air Selangor Sdn Bhd
Encik Mohd Azmi Md Nasir
Pengarah Wilayah Zon Selatan
Bahagian Wilayah
Tuan,
Kami merujuk kepada taklimat pada 12 hb August 2009 berkenaan prosedur pemindahan meter air di mana wakil wakil semua Goodyear Court 1-10 ada hadir bersama untuk mendengar dan memberi pandangan masing masing.
Pada pandangan kami kebanyakkan keperluan Syabas boleh di penuhi oleh ramai pengguna penguna (pemilik apartment) tanpa masaalah besar..
Tetapi sekira Syabas hendak menunggu hanya akan dapat memulakan proses migration apabila hanya semua atau hampir semua pemilik memenuhi semua syarat syarat Syabas pada pendapat saya ada lah tidak praktikal dan tidak menasabah dan akan memakan masa yang amat panjang dan hanya akan memaksa pihak pihak seperti MC dan "Service Provider" membuat kerja kerja yang tidak produktiv dan membuang masa semua pihak..
Sekira Syabas serius untuk memain peranan proaktif dalam Migration Process ini sepatutnya ia di implemantasikan secara berkelompok. Saya tidak nampak apa masaalah sebenarnya dari pihak Syabas melainkan hanya secara administrativ sahaja. Sekira ada masaalah masaalah yang releven saya harap Syabas dapat lah kemukakan kepada kami supaya dapat kita besama mengatasinya untuk keuntungan semua pihak.
Kami harap Syabas dapat menjalankan migration process ini secara berkelompok untuk mengelak persepsi pemilek pemilek bahawa Syabas sengaja hendak melengah lengahkan process migration ini semata semata untuk terus megutip hasil atas "commercial rate" selama lama yang boleh.
Sekian, terima kaseh.
Encik Mohd Azmi Md Nasir
Pengarah Wilayah Zon Selatan
Bahagian Wilayah
Tuan,
Kami merujuk kepada taklimat pada 12 hb August 2009 berkenaan prosedur pemindahan meter air di mana wakil wakil semua Goodyear Court 1-10 ada hadir bersama untuk mendengar dan memberi pandangan masing masing.
Pada pandangan kami kebanyakkan keperluan Syabas boleh di penuhi oleh ramai pengguna penguna (pemilik apartment) tanpa masaalah besar..
Tetapi sekira Syabas hendak menunggu hanya akan dapat memulakan proses migration apabila hanya semua atau hampir semua pemilik memenuhi semua syarat syarat Syabas pada pendapat saya ada lah tidak praktikal dan tidak menasabah dan akan memakan masa yang amat panjang dan hanya akan memaksa pihak pihak seperti MC dan "Service Provider" membuat kerja kerja yang tidak produktiv dan membuang masa semua pihak..
Sekira Syabas serius untuk memain peranan proaktif dalam Migration Process ini sepatutnya ia di implemantasikan secara berkelompok. Saya tidak nampak apa masaalah sebenarnya dari pihak Syabas melainkan hanya secara administrativ sahaja. Sekira ada masaalah masaalah yang releven saya harap Syabas dapat lah kemukakan kepada kami supaya dapat kita besama mengatasinya untuk keuntungan semua pihak.
Kami harap Syabas dapat menjalankan migration process ini secara berkelompok untuk mengelak persepsi pemilek pemilek bahawa Syabas sengaja hendak melengah lengahkan process migration ini semata semata untuk terus megutip hasil atas "commercial rate" selama lama yang boleh.
Sekian, terima kaseh.
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