Good news for housebuyers
By RACHAEL KAM
rachael@thestar.com.my
PETALING JAYA: Strata titles for properties like condominiums, apartments and flats will be issued simultaneously when buyers get their keys under a proposed amendment to the current law.
National House Buyers Association honorary secretary-general Chang Kim Loong said this was among its proposals, which had been approved by the Housing and Local Government Ministry, to be tabled in Parliament by March next year.
“This will prevent errant developers from not applying for strata titles after having received the full amount,” Chang said in an e-mail interview.
He said the Housing Development Act, Strata Title Act and several other Acts must also be amended to help housebuyers who were at a disadvantage under current legislation.
He said the association also proposed that there must be separate individual titles for landed property prior to the developer being granted a license from the Housing and Local Government Ministry.
Recently, Housing and Local Government Minister Datuk Chor Chee Heung said that his ministry was working with the Natural Resources and Environment Ministry on amendments to the Building and Common Property Act.
Chor said that it aimed to table the amendments in Parliament by March next year with the goal of detailing the boundaries, roles and responsibilities of strata title owners, property managers and developers so that the rights of home owners could be better protected.
He added that the amendments were needed because they would spell out how home owners could exercise their rights under the Act and how many votes a home owner would have if he or she owned more than one unit in a building.
Commenting on the proposal for vacant possession and strata title to be issued simultaneously, a working executive Y.H. Tee, 35, who bought a condominium in Petaling Jaya two years ago, said it was good that purchasers would officially ‘own’ their properties upon receiving the keys.
Tee said that giving strata titles to housebuyers during vacant possession could prevent cases of developers not bothering to apply for them even after the projects had been completed for many years.
Thursday, November 18, 2010
Wednesday, October 13, 2010
PRESS STATEMENT
PRESS STATEMENT
Pakatan Rakyat calls for the withdrawal of the proposed amendments to the Valuers, Appraisers and Estate Agents Act 1981 (VAEA Act) in Bill DR 30/2010
We, Pakatan Rakyat Members of Parliament call upon the Ministry of Finance to withdraw the proposed amendments to the Valuers, Appraisers and Estate Agents Act 1981 (VAEA Act) in Bill DR 30/2010.
We have arrived at this view after studying the implications of the amendments and receiving input from some of the key stakeholders involved.
We call for the withdrawal of the proposed amendments because:
1. The proposed amendments would create a monopoly for valuers in property management detrimental to 2,000,000 strata titled flats, apartments and condominium owners
At the lowest scale for calculation, owners of the approximately 2,000,000 stratified properties in the country would have to pay an additional RM3 – 4 billion annually for fees which would be shared out amongst the only approximately 800 registered valuers currently.
Even now, owners of low and medium cost apartments are finding it difficult to pay their current maintenance fee. With the proposed amendments, owners may have to pay an additional RM67 per month.
2. The proposed amendments would be in conflict with the Competition Act 2010 (Act 712) and the Consumer Protection Act 1999 (Act 599)
The exclusivity granted through a monopoly will encourage corruption, rent-seeking and “back-door” activities in the property management industry. The costs of these negative impacts would be passed on to owners with no proportionate increase in service value.
3. The proposed amendments would be in conflict with the Building and Common Property (Maintenance and Management) Act 2007 (Act 663) and the Strata Titles Act 1985 (Act 318)
The proposed amendments would take away the rights of the owners and the duties of the Commissioner of Buildings and conflicts with the duties and functions of the Joint Management Body as provided for in Act 663 and Act 318 which is to give owners the right to have the final say in the management of their own properties.
The necessary powers to oversee and regulate property management are already vested with the Commissioner of Buildings via Act 663.
4. The proposed amendments would interfere with the inherent and indivisible rights of property Owners.
Property owner who have invested in their property should have the freedom to choose whom they trust to best manage their properties and protect their investment. The proposed amendment would remove this right from the owners.
5. The proposed amendments would result in a brain-drain of property management practitioners and denying entrepreneurship.
We understand that almost all our buildings in Malaysia are currently managed by non-valuers. The proposed amendments would therefore result in job losses in the building management industry. We are already losing many experienced property managers to neighboring countries.
This would therefore be inconsistent with the efforts of the Government to attract talented and capable Malaysians working abroad to return and serve the country.
We call upon the Minister concerned to consult with all the relevant stake holders and industry players before proposing any amendments in the future.
We question why the Minister is proposing these amendments which would make Malaysia the only country in the world to introduce a monopoly solely for valuers in the building management industry and at the same time remove the rights of owners to manage their own properties.
We are sure even the Barisan National Members of Parliament would have received much negative feedback from the various stakeholders including from strata property owners and would agree with our views above.
Pakatan Rakyat Members Of Parliament
YB Sivarasa Rasiah, Subang
YB Dato’ Johari Abdul, Sungai Petani
YB Datuk Seri Mohammad Nizar Jamaluddin, Bukit Gantang
YB Dr Siti Mariah Mahmud , Kota Raja
YB Chong Eng, Bukit Mertajam
YB Tony Pua Kiam Wee, Petaling Jaya Utara
Pakatan Rakyat calls for the withdrawal of the proposed amendments to the Valuers, Appraisers and Estate Agents Act 1981 (VAEA Act) in Bill DR 30/2010
We, Pakatan Rakyat Members of Parliament call upon the Ministry of Finance to withdraw the proposed amendments to the Valuers, Appraisers and Estate Agents Act 1981 (VAEA Act) in Bill DR 30/2010.
We have arrived at this view after studying the implications of the amendments and receiving input from some of the key stakeholders involved.
We call for the withdrawal of the proposed amendments because:
1. The proposed amendments would create a monopoly for valuers in property management detrimental to 2,000,000 strata titled flats, apartments and condominium owners
At the lowest scale for calculation, owners of the approximately 2,000,000 stratified properties in the country would have to pay an additional RM3 – 4 billion annually for fees which would be shared out amongst the only approximately 800 registered valuers currently.
Even now, owners of low and medium cost apartments are finding it difficult to pay their current maintenance fee. With the proposed amendments, owners may have to pay an additional RM67 per month.
2. The proposed amendments would be in conflict with the Competition Act 2010 (Act 712) and the Consumer Protection Act 1999 (Act 599)
The exclusivity granted through a monopoly will encourage corruption, rent-seeking and “back-door” activities in the property management industry. The costs of these negative impacts would be passed on to owners with no proportionate increase in service value.
3. The proposed amendments would be in conflict with the Building and Common Property (Maintenance and Management) Act 2007 (Act 663) and the Strata Titles Act 1985 (Act 318)
The proposed amendments would take away the rights of the owners and the duties of the Commissioner of Buildings and conflicts with the duties and functions of the Joint Management Body as provided for in Act 663 and Act 318 which is to give owners the right to have the final say in the management of their own properties.
The necessary powers to oversee and regulate property management are already vested with the Commissioner of Buildings via Act 663.
4. The proposed amendments would interfere with the inherent and indivisible rights of property Owners.
Property owner who have invested in their property should have the freedom to choose whom they trust to best manage their properties and protect their investment. The proposed amendment would remove this right from the owners.
5. The proposed amendments would result in a brain-drain of property management practitioners and denying entrepreneurship.
We understand that almost all our buildings in Malaysia are currently managed by non-valuers. The proposed amendments would therefore result in job losses in the building management industry. We are already losing many experienced property managers to neighboring countries.
This would therefore be inconsistent with the efforts of the Government to attract talented and capable Malaysians working abroad to return and serve the country.
We call upon the Minister concerned to consult with all the relevant stake holders and industry players before proposing any amendments in the future.
We question why the Minister is proposing these amendments which would make Malaysia the only country in the world to introduce a monopoly solely for valuers in the building management industry and at the same time remove the rights of owners to manage their own properties.
We are sure even the Barisan National Members of Parliament would have received much negative feedback from the various stakeholders including from strata property owners and would agree with our views above.
Pakatan Rakyat Members Of Parliament
YB Sivarasa Rasiah, Subang
YB Dato’ Johari Abdul, Sungai Petani
YB Datuk Seri Mohammad Nizar Jamaluddin, Bukit Gantang
YB Dr Siti Mariah Mahmud , Kota Raja
YB Chong Eng, Bukit Mertajam
YB Tony Pua Kiam Wee, Petaling Jaya Utara
Tuesday, October 12, 2010
Amendments to Valuers, Appraisers and Estate Agents Act
If amendments are passed, it would mean every stratified property must engage a Valuer to manage their property.
This also means there will be around RM3-4 billion annually in this fee. There is nothing though in terms of additional value or services that the Valuers can provide.
Currently there are only approximately 800 registered valuers in Malaysia.
If passed, than these amendments would have created a monopoly in the building management industry.
Watch the developments in parliament.
This also means there will be around RM3-4 billion annually in this fee. There is nothing though in terms of additional value or services that the Valuers can provide.
Currently there are only approximately 800 registered valuers in Malaysia.
If passed, than these amendments would have created a monopoly in the building management industry.
Watch the developments in parliament.
Monday, October 11, 2010
Valuers' Board or Not?
Do you think that the Management Company managing your property should be a company registered with the Valuers' Board?
Can owner's run and manage their own property?
Your Feedbacks and comments please
Can owner's run and manage their own property?
Your Feedbacks and comments please
Wednesday, September 22, 2010
SUNDAY - 26th SEPT - JMB ISSUES
Three-day property seminar begin 24th Sept 2010
THE National House Buyers Association is having three seminars from tomorrow to Saturday at the Mid Valley Exhibition Centre in Kuala Lumpur.
The sessions are ideal for house buyers, property investors, developers, financiers, architects, engineers, surveyors, valuers, contractors, real estate agents, lawyers, accountants, stakeholders, insurance professionals and interested parties.
The topic for the first seminar tomorrow is Pemudah Focus Group on Registering Property.
There will be presentations by the Inland Revenue Board stamp duty division director Teoh Ai Suan, Valuation and Property Services Department director Huan Cheng Kee and Federal Territories Land and Mines Office director Hasim Ismail.
On Saturday, the focus will be on Tribunal for Consumer or Housing — Claims, Jurisdiction and Award Enforcement.
The session will explain in layman’s terms the workings of the respective tribunals, common cases and enforcement and prosecution of non-compliance of tribunal awards.
The speakers will be Consumer Claims Tribunal chairman Pretam Singh, Homebuyers Claims Tribunal chairman Bhupinder Singh and National Housing Department deputy enforcement director Gunasegaran Naidu.
On Sunday, the issues that will be explored include Built-Then-Sell and Sell-Then-Build concepts, legal requirements on JMB and MC, strata titles, flaws in the Building and Common Property Act and absence of regulations, and more.
In conjunction with the 53rd National Day celebration, the session will also feature a short speech by former Perak police chief Datuk Seri Yuen Yuet Leng on Merdeka: My Experience and Yesteryears.
Participation fee for each session is RM80 or RM200 for all three sessions. An extra RM20 will be charged for registration after Sept 20.
A book titled Buying Property from Developers (What you need to know and do) by Robert Tan will be given free to participants who opt for the three-seminar package.
For details, call 012-3345 676 or email klchang@hba.org.my.
THE National House Buyers Association is having three seminars from tomorrow to Saturday at the Mid Valley Exhibition Centre in Kuala Lumpur.
The sessions are ideal for house buyers, property investors, developers, financiers, architects, engineers, surveyors, valuers, contractors, real estate agents, lawyers, accountants, stakeholders, insurance professionals and interested parties.
The topic for the first seminar tomorrow is Pemudah Focus Group on Registering Property.
There will be presentations by the Inland Revenue Board stamp duty division director Teoh Ai Suan, Valuation and Property Services Department director Huan Cheng Kee and Federal Territories Land and Mines Office director Hasim Ismail.
On Saturday, the focus will be on Tribunal for Consumer or Housing — Claims, Jurisdiction and Award Enforcement.
The session will explain in layman’s terms the workings of the respective tribunals, common cases and enforcement and prosecution of non-compliance of tribunal awards.
The speakers will be Consumer Claims Tribunal chairman Pretam Singh, Homebuyers Claims Tribunal chairman Bhupinder Singh and National Housing Department deputy enforcement director Gunasegaran Naidu.
On Sunday, the issues that will be explored include Built-Then-Sell and Sell-Then-Build concepts, legal requirements on JMB and MC, strata titles, flaws in the Building and Common Property Act and absence of regulations, and more.
In conjunction with the 53rd National Day celebration, the session will also feature a short speech by former Perak police chief Datuk Seri Yuen Yuet Leng on Merdeka: My Experience and Yesteryears.
Participation fee for each session is RM80 or RM200 for all three sessions. An extra RM20 will be charged for registration after Sept 20.
A book titled Buying Property from Developers (What you need to know and do) by Robert Tan will be given free to participants who opt for the three-seminar package.
For details, call 012-3345 676 or email klchang@hba.org.my.
Can defaulting owners attend AGM?
Owners who have defaulted on their payments CAN attend AGM/EGM. They could also express their opinions and ask questions but CANNOT VOTE nor eligible to hold office.
Tempers flare at condo EGM
The newly elected members of Prima Setapak Condominium Joint Manage-ment Committee (JMC) have their work cut out for them after several unresolved issues were raised during their annual general meeting (AGM) earlier this year.
“Our first order of business will be to go through all the documents from the previous JMC.
“After that, we will most likely call for another extraordinary general meeting (EGM) to discuss the issues,” JMC chairman Frankie Ang said.
He said among the issues were the stalled front entrance upgrading project and the approval of allowances by and for the previous JMC members without the residents’ consent.
Tense: A resident (in pink) who allegedly had not paid her maintenance fees being asked by Rela members to leave the EGM.
“I also just found out that the JMC may be getting sued by the management company over a lift maintenance issue,” Ang said.
The previous JMC had resigned en bloc at the end of July, about three weeks after the AGM where many resolutions were not adopted after residents questioned how their condominium funds were being used.
A total of 120 unit owners from a total of 770 were present at the EGM that got off on a heated note after a unit owner who allegedly had not paid the maintenance fees had to be ushered out of the meeting by Rela members.
Many residents voiced their grouses at the event and tempers flared before the four-hour long meeting came to an end.
The meeting ended with the majority deciding on electing three unit owners from each of the three condominium blocks.
Evien Ho was elected secretary, Frankie Pek the treasurer while Benjamin Teh, Pajan Singh, Ting Sing Ho, Ting Tieng King, Tee Hui Hong and Wong King Seng are ordinary committee members.
The condominium is located in Setapak, Kuala Lumpur and has a total of 770 units with most being rented out.
Tempers flare at condo EGM
The newly elected members of Prima Setapak Condominium Joint Manage-ment Committee (JMC) have their work cut out for them after several unresolved issues were raised during their annual general meeting (AGM) earlier this year.
“Our first order of business will be to go through all the documents from the previous JMC.
“After that, we will most likely call for another extraordinary general meeting (EGM) to discuss the issues,” JMC chairman Frankie Ang said.
He said among the issues were the stalled front entrance upgrading project and the approval of allowances by and for the previous JMC members without the residents’ consent.
Tense: A resident (in pink) who allegedly had not paid her maintenance fees being asked by Rela members to leave the EGM.
“I also just found out that the JMC may be getting sued by the management company over a lift maintenance issue,” Ang said.
The previous JMC had resigned en bloc at the end of July, about three weeks after the AGM where many resolutions were not adopted after residents questioned how their condominium funds were being used.
A total of 120 unit owners from a total of 770 were present at the EGM that got off on a heated note after a unit owner who allegedly had not paid the maintenance fees had to be ushered out of the meeting by Rela members.
Many residents voiced their grouses at the event and tempers flared before the four-hour long meeting came to an end.
The meeting ended with the majority deciding on electing three unit owners from each of the three condominium blocks.
Evien Ho was elected secretary, Frankie Pek the treasurer while Benjamin Teh, Pajan Singh, Ting Sing Ho, Ting Tieng King, Tee Hui Hong and Wong King Seng are ordinary committee members.
The condominium is located in Setapak, Kuala Lumpur and has a total of 770 units with most being rented out.
Thursday, August 19, 2010
Arena Green unit owners air their grouses
By CHARLES FERNNADEZ
charlesf@thestar.com.my
RESIDENTS of Arena Green in Bukit Jalil are claiming that the management corporation (MC) has mismanaged the sinking fund.
They claimed that Arena Green Management Corporation, a subsidiary of Raine, Horne and Zaki Property Management, has not informed the unit owners on the use of the fund, totalling about RM500,000.
The residents also voiced their displeasure with the MC for not serving notice to the owners before any transaction.
Resident Ron Yuen said it was a requirement for the management committee to inform the owners but procedures were not followed.
Plenty of things to say: The residents waiting to attend the AGM.
“The residents would want to know how their money is being used and for what purpose,” he said at the annual general meeting of the MC recently.
He said according to Section 41 of the Strata Titles Act 1985, the management corporation should inform the residents on the jobs carried out every year.
However, he added that the MC had claimed that the expenditure was necessary for the management of the six apartment blocks.
The residents also opposed the MC’s decision to increase the service charges and sinking fund paid by the owners from the current 0.09sen per sq ft to 0.13 per sqft.
Yuen said in most cases owners had carried out their own repairs to their units and maintenance of the blocks was low and therefore there was no need to increase the service charges and sinking fund.
There are 1,240 units in the six blocks with the owners of the smallest unit paying RM61.20 per month.
During the AGM, a new committee was elected to look into the accounts.
The MC’s head of property services, Vijayakumar Ponnusamy, said it was only appropriate that the service charges were increased as the property was located in a prime area and this was the first increase.
“The maintenance charges have also increased as we have to sub-contract some of the work. As a company, which just took over the management two years ago, we are just doing our job,’’ said Vijayakumar.
Vijayakumar said the MC was not asking the residents to contribute towards the sinking fund but accept the increase in the service charges.
He also refuted claims that no annual report and accounts on this sinking fund was furnished.
The new committee allowed the MC to increase the service charges by 0.02 sen for the present moment.
charlesf@thestar.com.my
RESIDENTS of Arena Green in Bukit Jalil are claiming that the management corporation (MC) has mismanaged the sinking fund.
They claimed that Arena Green Management Corporation, a subsidiary of Raine, Horne and Zaki Property Management, has not informed the unit owners on the use of the fund, totalling about RM500,000.
The residents also voiced their displeasure with the MC for not serving notice to the owners before any transaction.
Resident Ron Yuen said it was a requirement for the management committee to inform the owners but procedures were not followed.
Plenty of things to say: The residents waiting to attend the AGM.
“The residents would want to know how their money is being used and for what purpose,” he said at the annual general meeting of the MC recently.
He said according to Section 41 of the Strata Titles Act 1985, the management corporation should inform the residents on the jobs carried out every year.
However, he added that the MC had claimed that the expenditure was necessary for the management of the six apartment blocks.
The residents also opposed the MC’s decision to increase the service charges and sinking fund paid by the owners from the current 0.09sen per sq ft to 0.13 per sqft.
Yuen said in most cases owners had carried out their own repairs to their units and maintenance of the blocks was low and therefore there was no need to increase the service charges and sinking fund.
There are 1,240 units in the six blocks with the owners of the smallest unit paying RM61.20 per month.
During the AGM, a new committee was elected to look into the accounts.
The MC’s head of property services, Vijayakumar Ponnusamy, said it was only appropriate that the service charges were increased as the property was located in a prime area and this was the first increase.
“The maintenance charges have also increased as we have to sub-contract some of the work. As a company, which just took over the management two years ago, we are just doing our job,’’ said Vijayakumar.
Vijayakumar said the MC was not asking the residents to contribute towards the sinking fund but accept the increase in the service charges.
He also refuted claims that no annual report and accounts on this sinking fund was furnished.
The new committee allowed the MC to increase the service charges by 0.02 sen for the present moment.
Thursday, August 12, 2010
PKNS to answer SOS calls
SOME USEFUL INFORMATION - PERRHAPS SOMETHING THE MANAGEMENT COMPANIES CAN LOOK INTO ALSO, A QUICK RESPONSE TEAM SERVICE
Residents of flats and apartments built by the Selangor Development Corporation (PKNS) do not have to worry if they do not have a joint management body (JMB) to attend to their complaints.
This is because PKNS has mobilised its Response Team in Petaling Jaya, Kota Damansara and Bangi, to attend to residents’ complaints. The team is expected to arrive within an hour after the complaint is made.
“This is a special service and a temporary solution that PKNS is offering to residents of our flats and apartments without a JMB.
“However, we encourage all residential high-rises to set up JMBs,” said PKNS general manager Othman Omar at the launch of the response team at SACC Mall in Shah Alam on Sunday.
He said 20 personnel would be travelling in seven yellow-orange vans to answer SOS calls from the people.
He added that the personnel who were from the civil and electrical engineering department had undergone customer relations courses to help them deal with the public.
“They will be able to attend to roof leakages, drainage and electrical problems,” he said.
He added that residents were not required to pay upfront for the service as it had been included in their standard monthly maintenance fee.
Othman said the team would be operating from 8am to 5pm, but would consider a 24-hour service if the need arose.
The PKNS hotline is 1-300-88-7567.
Residents of flats and apartments built by the Selangor Development Corporation (PKNS) do not have to worry if they do not have a joint management body (JMB) to attend to their complaints.
This is because PKNS has mobilised its Response Team in Petaling Jaya, Kota Damansara and Bangi, to attend to residents’ complaints. The team is expected to arrive within an hour after the complaint is made.
“This is a special service and a temporary solution that PKNS is offering to residents of our flats and apartments without a JMB.
“However, we encourage all residential high-rises to set up JMBs,” said PKNS general manager Othman Omar at the launch of the response team at SACC Mall in Shah Alam on Sunday.
He said 20 personnel would be travelling in seven yellow-orange vans to answer SOS calls from the people.
He added that the personnel who were from the civil and electrical engineering department had undergone customer relations courses to help them deal with the public.
“They will be able to attend to roof leakages, drainage and electrical problems,” he said.
He added that residents were not required to pay upfront for the service as it had been included in their standard monthly maintenance fee.
Othman said the team would be operating from 8am to 5pm, but would consider a 24-hour service if the need arose.
The PKNS hotline is 1-300-88-7567.
Thursday, August 5, 2010
Residents and JMB lock horns
By KHARLEEZ ZUBIN
kharleez@thestar.com.my
CLAIMS of misappropriation of funds and widespread cheating of foreign tenants by some Palm Court Condominium management staff are the latest twist in a long-running dispute between residents and the caretakers of the largest condominium in Brickfields.
In the latest development, Palm Court the pro tem action committee has issued an ultimatum to the Joint Management Body (JMB) to produce documents of financial transactions.
“We have furnished evidence of issuance of double receipts to mostly foreign residents and visitors for entry pass, fines for lifting clamps on cars and water meters but the money collected is not reflected in the JMB accounts,” action committee chairman and resident K. K. Supramaniyam told StarMetro yesterday.
The action committee has alleged that about RM144,000 has been collected by the staff without authorisation and not banked in.
“The JMB is dragging its feet on this matter and if they don’t get to the bottom of it, then we will call for an extraordinary general meeting to vote them out and refer the matter to the police,” he added.
Initially, the JMB has denied there were discrepancies but when evidence started pouring in, its committee members reluctantly agreed to take “appropriate measures”, but stopped short of agreeing to an independent audit as demanded by the action committee.
However, they removed the two female staff, who residents claim have been terrorising foreign nationals under specific orders from a couple of JMB committee members.
When contacted Chitra Devi said she did not pocket the money and that the money collected was handed over to the JMB committee.
The other employee, Nor Anna Majid, could not be reached for comment.
According to licensed real estate broker and long-time resident K. Vijay some JMB members are not happy that freelance brokers are making money out of unit rentals.
“I think they want to put pressure on the foreign nationals so that the brokers will have a tough time getting tenants and eventually take over the rental business,” he said.
Other residents who asked not to be named for fear of reprisals from JMB said it was not difficult for the two women to have carried out such a scam behind the back of JMB members.
There were several occasions when JMB members were spotted retrieving receipt books from the guardhouse early in the morning.
But when the issuance of double and unauthorised receipts were brought to the attention of the JMB the books disappeared from the guardhouse, said a woman tenant.
The books are placed with the guards to collect RM10 for visitors or relatives of tenants who come after office hours.
When contacted JMB chairman M. Ravichandar refused to be drawn into the controversy.
“Sorry this doesn’t concern you and I have nothing to say to you,” was all he had to say before putting down the phone.
Ever since the JMB came into existence two years ago there has been no short of controversies.
It has been accused of abuse of power in implementing house rules and blamed for trying to clamp down on foreign nationals renting there.
On one occasion two deputy ministers had to intervene to calm things in a showdown between JMB and the residents committee.
In the incident, JMB chained the front gate facing Jalan Sultan Abdul Samad to prevent outsiders from frequenting a restaurant in the premises.
kharleez@thestar.com.my
CLAIMS of misappropriation of funds and widespread cheating of foreign tenants by some Palm Court Condominium management staff are the latest twist in a long-running dispute between residents and the caretakers of the largest condominium in Brickfields.
In the latest development, Palm Court the pro tem action committee has issued an ultimatum to the Joint Management Body (JMB) to produce documents of financial transactions.
“We have furnished evidence of issuance of double receipts to mostly foreign residents and visitors for entry pass, fines for lifting clamps on cars and water meters but the money collected is not reflected in the JMB accounts,” action committee chairman and resident K. K. Supramaniyam told StarMetro yesterday.
The action committee has alleged that about RM144,000 has been collected by the staff without authorisation and not banked in.
“The JMB is dragging its feet on this matter and if they don’t get to the bottom of it, then we will call for an extraordinary general meeting to vote them out and refer the matter to the police,” he added.
Initially, the JMB has denied there were discrepancies but when evidence started pouring in, its committee members reluctantly agreed to take “appropriate measures”, but stopped short of agreeing to an independent audit as demanded by the action committee.
However, they removed the two female staff, who residents claim have been terrorising foreign nationals under specific orders from a couple of JMB committee members.
When contacted Chitra Devi said she did not pocket the money and that the money collected was handed over to the JMB committee.
The other employee, Nor Anna Majid, could not be reached for comment.
According to licensed real estate broker and long-time resident K. Vijay some JMB members are not happy that freelance brokers are making money out of unit rentals.
“I think they want to put pressure on the foreign nationals so that the brokers will have a tough time getting tenants and eventually take over the rental business,” he said.
Other residents who asked not to be named for fear of reprisals from JMB said it was not difficult for the two women to have carried out such a scam behind the back of JMB members.
There were several occasions when JMB members were spotted retrieving receipt books from the guardhouse early in the morning.
But when the issuance of double and unauthorised receipts were brought to the attention of the JMB the books disappeared from the guardhouse, said a woman tenant.
The books are placed with the guards to collect RM10 for visitors or relatives of tenants who come after office hours.
When contacted JMB chairman M. Ravichandar refused to be drawn into the controversy.
“Sorry this doesn’t concern you and I have nothing to say to you,” was all he had to say before putting down the phone.
Ever since the JMB came into existence two years ago there has been no short of controversies.
It has been accused of abuse of power in implementing house rules and blamed for trying to clamp down on foreign nationals renting there.
On one occasion two deputy ministers had to intervene to calm things in a showdown between JMB and the residents committee.
In the incident, JMB chained the front gate facing Jalan Sultan Abdul Samad to prevent outsiders from frequenting a restaurant in the premises.
Sunday, May 23, 2010
Africans in Condominiums
Spotlight: African alienation
2010/05/23
Share | Scary, intimidating and rude are only some of the words used to describe Africans in Malaysia. Are we allowing a few bad apples to spoil the bunch? AUDREY VIJAINDREN and SONIA RAMACHANDRAN take a look at the issue.
MOST Malaysians are guilty of clutching their handbags a little tighter and avoiding eye contact when they spot an African.
They have, after all, been accused of committing various crimes in the country, especially black money scams.
Some have also described them as raucous and loud, and labelled them as troublemakers.
Are we allowing our prejudices to get the better of us?
Condominium, Apartment and Highrise Committee adviser Peter Chong said the general perception among Malaysians was that Africans caused trouble.
"We immediately have a negative thought when we mention them.
"In actual fact, it's our perception that is the problem. We are intimidated by their size and the way they look.
"They do cause trouble to a certain extent, but there are many other cultural differences that contribute to this.
"For example, for them, it is normal to say, 'Hello darling, how are you?', when they see a girl. But in Malaysia, that is rude and unacceptable."
Chong said the many black money scams had also contributed to this negative stigma.
"We assume that they are all bad, but that is not necessarily true. You see many of them actively involved in church music ministries.
"But this happens everywhere -- the good ones suffer because of the bad apples. Even our cab drivers suffer from this."
He said in many cases, the Africans, especially those who came here to study, were the victims.
"When African students arrive here, they need a place to stay. Because landed property is expensive, most of them end up renting apartments.
"Unfortunately, some colleges have taken advantage of this. They advertise pictures of apartments on their websites, claiming it's part of their campus.
"When the students arrive, many colleges put more than ten people in one unit, charging RM250 per person.
"But the actual rental for the unit may only be RM1,200. They are maximising the space because of greed," he said.
Malaysian Association of Private Colleges and Universities (MAPCU) president Dr Parmjit Singh said it was wrong to stereotype people.
"We must also recognise that not all the Africans in this country are students."
He said the Malaysian public had not matured enough to the level of living in a cosmopolitan environment.
"A large number of students from Africa are sponsored by their respective governments. That means, they are bound to be students who are bright and qualified for such scholarships.
"As much as we would like them to change and adjust to our culture, we should be equally ready to accept everyone from all parts of the world, in order to become an international hub for higher education."
Responsible colleges and universities, he said, had induction processes for their foreign students.
"Besides the higher learning institutions, the embassies and high commissions also play an active role in inducting students from their countries and educating them on the social norms of this country."
On renting residential units for students, he said the institutions had a major role to play.
"When we rent private residences to place our students, we play an active part in the meetings of the residential associations.
"We are willing to listen to any problems they might have with our students."
He said the number of African students in this country was not on the rise.
"It is a mature market and the population growth is from countries that are not mature."
Property management firm, VPC Alliance (PJ) senior general manager Daniel Kat, however, said there had been complaints about African students from other apartment and condominium owners.
Most complaints were over the students making noise after stipulated hours.
"I won't say all are misbehaving, but generally most of the complaints are related to breaking house rules and making noise at night.
"Some also get drunk and start misbehaving."
The problem with most of the students, he said, was that they brought their friends home to party.
"In some condominiums, more than 70 per cent of the units are occupied by students. It does not help that many of them bring their friends back."
What's the solution?
"Unit owners, colleges and universities must be more responsible.
"If the local government enforces a limit on the number of people in one apartment, there won't be many problems," said Chong.
The Higher Education Ministry, he said, should make it a licence condition for colleges and universities to have induction courses for all foreign students.
"It must also make sure these foreign students are actually here to study and not for other activities," he said.
Kat said a lot of local residents want the management of condominiums and apartments to reduce the number of foreign students in their units.
"We've talked to the agents and asked that they find local tenants instead.
"Another strategy is to try to increase rentals in order to deter foreign students from renting apartments."
'We are not monsters'
ABDULRAHMAN Muazu loves Malaysia but is thinking of leaving the country.
"I'm thinking of studying somewhere else as I don't have any local friends here. Malaysians don't talk to us and I think they are generally afraid of us. I feel really, really bad. People treat you as if you are a monster. We are not monsters.
"I think Malaysians are shy and they don't like socialising with foreigners. I don't blame them as some foreigners have been behaving badly and giving the rest of us a bad reputation," said the 19-year-old business information systems student from Nigeria.
That the locals were not talking with him, said Abdulrahman, had affected him psychologically.
"How would you feel if people don't talk to you? I love this country but I don't really enjoy it because I don't have any friends. Even our classmates just mix with us for group discussions and studies but there is no exchanging of phone numbers or socialising after class," he said.
When asked what he would wish for from the locals, Abdulrahman said: "I think they should judge each person individually. Please don't be prejudiced. People could be good and people could be bad. Try giving us a chance."
Ibrahim Muhammad Sakanau, 23, and his brother Shafie Sakanau, 20, said Malaysians were not at all friendly to them.
"Only my brothers are my friends. It bothers me. Maybe they don't talk to us because some Nigerians are behaving arrogantly in Malaysia. Maybe they think we are all like that. I've never been invited to the homes of any Malaysian during festive seasons and my classmates only mix with me during assignments.
"It hurts me a lot. Not all of us are bad," said Ibrahim.
Their house owner, Rachael Philip, has got no problems with renting her apartment out to African students.
"They are really nice. They always ask about my children when I go and collect the rental and there's always chocolates for the children. They are also very prompt with payments and always pay two months' rent in advance.
"The apartment is also in good condition. I am lucky I have good tenants. I had a local tenant previously and I had to beg him for rental every month. I feel we must not be so quick to judge," said Rachael.
Universiti Malaya education faculty department of mathematics and science visiting lecturer, Dr Kunle Oke Oloruntegbe, said Malaysians were generally accommodating and friendly.
However, Oloruntegbe, who is from Nigeria, said it did bother him that Malaysians rarely mingled with Africans.
"Many here seem to generalise all Africans as being the same and they stay away from us."
The father of six, who arrived here in October last year, said: "I am here alone so sometimes it does get lonely for me. Even the locals at the apartment I live in do not mix with me. They are friendly and they would greet me but it ends there.
"I would like to ask Malaysians to please look at us as individuals. Judge a person based on his character, integrity and honesty, not his face."
Abdul Aziz Abba Goni said there are many Africans who come to Malaysia with good intentions.
"Do not let colour or nationality stand in the way of one's perception of a human being. I have worked hard to obtain my degree and am looking forward to a brighter future because of what Malaysian education has offered me. I believe studying here was a wise choice and I am grateful for this experience.
"I wish no harm onto my hosts. I hope more Malaysians will meet positive ambassadors in the near future," said the 25-year-old postgraduate student.
'Too many ugly incidents'
AFTER living comfortably in the same apartment in Sunway for more than 10 years, Sylvia (not real name) is now afraid to step out of her home.
"When my husband and I first moved here, it was a really decent place.
"Our neighbours were nice and friendly, and we thought it was a great place to bring up children.
"We saw ourselves swimming with our kids in the pool and pushing them on the swings in the playground."
However, all that changed.
"In August last year, I noticed an influx of African residents. I believe most of them are students from Nigeria, but it's difficult to tell.
"It's extremely intimidating, because they go about in large groups, talking loudly and drinking alcohol.
"The way they speak and stand can be very intimidating. Even the way they look at you.
"You can see that some are serious in their studies. But many others leave their apartments everyday wearing 'bling-bling'.
"The girls are no different -- you can't help but wonder whether they are here to study or party."
She said there had also been many "ugly" incidents.
"More than once, these students parked their cars in my lot. When I asked them to move, they claimed to have diplomatic immunity."
She said in the past six months, she had taken extra precautions.
"I'm more aware of my surroundings. It can get very scary being alone in the lift with a bunch of foreign students, so I wait for the next lift.
"I've even stopped my daughter from going to the swimming pool and playing on the slides.
"It's unfortunate that we are so afraid to go out of our own apartment. I own a unit but can't even enjoy the rest of the facilities."
Sylvia said the situation had got so bad that she and her family were moving out.
"It may be unfair to judge them because they could actually be really nice people."
Read more: Spotlight: African alienation http://www.nst.com.my/nst/articles/28avafrican-2/Article#ixzz0oqPM4bxQ
2010/05/23
Share | Scary, intimidating and rude are only some of the words used to describe Africans in Malaysia. Are we allowing a few bad apples to spoil the bunch? AUDREY VIJAINDREN and SONIA RAMACHANDRAN take a look at the issue.
MOST Malaysians are guilty of clutching their handbags a little tighter and avoiding eye contact when they spot an African.
They have, after all, been accused of committing various crimes in the country, especially black money scams.
Some have also described them as raucous and loud, and labelled them as troublemakers.
Are we allowing our prejudices to get the better of us?
Condominium, Apartment and Highrise Committee adviser Peter Chong said the general perception among Malaysians was that Africans caused trouble.
"We immediately have a negative thought when we mention them.
"In actual fact, it's our perception that is the problem. We are intimidated by their size and the way they look.
"They do cause trouble to a certain extent, but there are many other cultural differences that contribute to this.
"For example, for them, it is normal to say, 'Hello darling, how are you?', when they see a girl. But in Malaysia, that is rude and unacceptable."
Chong said the many black money scams had also contributed to this negative stigma.
"We assume that they are all bad, but that is not necessarily true. You see many of them actively involved in church music ministries.
"But this happens everywhere -- the good ones suffer because of the bad apples. Even our cab drivers suffer from this."
He said in many cases, the Africans, especially those who came here to study, were the victims.
"When African students arrive here, they need a place to stay. Because landed property is expensive, most of them end up renting apartments.
"Unfortunately, some colleges have taken advantage of this. They advertise pictures of apartments on their websites, claiming it's part of their campus.
"When the students arrive, many colleges put more than ten people in one unit, charging RM250 per person.
"But the actual rental for the unit may only be RM1,200. They are maximising the space because of greed," he said.
Malaysian Association of Private Colleges and Universities (MAPCU) president Dr Parmjit Singh said it was wrong to stereotype people.
"We must also recognise that not all the Africans in this country are students."
He said the Malaysian public had not matured enough to the level of living in a cosmopolitan environment.
"A large number of students from Africa are sponsored by their respective governments. That means, they are bound to be students who are bright and qualified for such scholarships.
"As much as we would like them to change and adjust to our culture, we should be equally ready to accept everyone from all parts of the world, in order to become an international hub for higher education."
Responsible colleges and universities, he said, had induction processes for their foreign students.
"Besides the higher learning institutions, the embassies and high commissions also play an active role in inducting students from their countries and educating them on the social norms of this country."
On renting residential units for students, he said the institutions had a major role to play.
"When we rent private residences to place our students, we play an active part in the meetings of the residential associations.
"We are willing to listen to any problems they might have with our students."
He said the number of African students in this country was not on the rise.
"It is a mature market and the population growth is from countries that are not mature."
Property management firm, VPC Alliance (PJ) senior general manager Daniel Kat, however, said there had been complaints about African students from other apartment and condominium owners.
Most complaints were over the students making noise after stipulated hours.
"I won't say all are misbehaving, but generally most of the complaints are related to breaking house rules and making noise at night.
"Some also get drunk and start misbehaving."
The problem with most of the students, he said, was that they brought their friends home to party.
"In some condominiums, more than 70 per cent of the units are occupied by students. It does not help that many of them bring their friends back."
What's the solution?
"Unit owners, colleges and universities must be more responsible.
"If the local government enforces a limit on the number of people in one apartment, there won't be many problems," said Chong.
The Higher Education Ministry, he said, should make it a licence condition for colleges and universities to have induction courses for all foreign students.
"It must also make sure these foreign students are actually here to study and not for other activities," he said.
Kat said a lot of local residents want the management of condominiums and apartments to reduce the number of foreign students in their units.
"We've talked to the agents and asked that they find local tenants instead.
"Another strategy is to try to increase rentals in order to deter foreign students from renting apartments."
'We are not monsters'
ABDULRAHMAN Muazu loves Malaysia but is thinking of leaving the country.
"I'm thinking of studying somewhere else as I don't have any local friends here. Malaysians don't talk to us and I think they are generally afraid of us. I feel really, really bad. People treat you as if you are a monster. We are not monsters.
"I think Malaysians are shy and they don't like socialising with foreigners. I don't blame them as some foreigners have been behaving badly and giving the rest of us a bad reputation," said the 19-year-old business information systems student from Nigeria.
That the locals were not talking with him, said Abdulrahman, had affected him psychologically.
"How would you feel if people don't talk to you? I love this country but I don't really enjoy it because I don't have any friends. Even our classmates just mix with us for group discussions and studies but there is no exchanging of phone numbers or socialising after class," he said.
When asked what he would wish for from the locals, Abdulrahman said: "I think they should judge each person individually. Please don't be prejudiced. People could be good and people could be bad. Try giving us a chance."
Ibrahim Muhammad Sakanau, 23, and his brother Shafie Sakanau, 20, said Malaysians were not at all friendly to them.
"Only my brothers are my friends. It bothers me. Maybe they don't talk to us because some Nigerians are behaving arrogantly in Malaysia. Maybe they think we are all like that. I've never been invited to the homes of any Malaysian during festive seasons and my classmates only mix with me during assignments.
"It hurts me a lot. Not all of us are bad," said Ibrahim.
Their house owner, Rachael Philip, has got no problems with renting her apartment out to African students.
"They are really nice. They always ask about my children when I go and collect the rental and there's always chocolates for the children. They are also very prompt with payments and always pay two months' rent in advance.
"The apartment is also in good condition. I am lucky I have good tenants. I had a local tenant previously and I had to beg him for rental every month. I feel we must not be so quick to judge," said Rachael.
Universiti Malaya education faculty department of mathematics and science visiting lecturer, Dr Kunle Oke Oloruntegbe, said Malaysians were generally accommodating and friendly.
However, Oloruntegbe, who is from Nigeria, said it did bother him that Malaysians rarely mingled with Africans.
"Many here seem to generalise all Africans as being the same and they stay away from us."
The father of six, who arrived here in October last year, said: "I am here alone so sometimes it does get lonely for me. Even the locals at the apartment I live in do not mix with me. They are friendly and they would greet me but it ends there.
"I would like to ask Malaysians to please look at us as individuals. Judge a person based on his character, integrity and honesty, not his face."
Abdul Aziz Abba Goni said there are many Africans who come to Malaysia with good intentions.
"Do not let colour or nationality stand in the way of one's perception of a human being. I have worked hard to obtain my degree and am looking forward to a brighter future because of what Malaysian education has offered me. I believe studying here was a wise choice and I am grateful for this experience.
"I wish no harm onto my hosts. I hope more Malaysians will meet positive ambassadors in the near future," said the 25-year-old postgraduate student.
'Too many ugly incidents'
AFTER living comfortably in the same apartment in Sunway for more than 10 years, Sylvia (not real name) is now afraid to step out of her home.
"When my husband and I first moved here, it was a really decent place.
"Our neighbours were nice and friendly, and we thought it was a great place to bring up children.
"We saw ourselves swimming with our kids in the pool and pushing them on the swings in the playground."
However, all that changed.
"In August last year, I noticed an influx of African residents. I believe most of them are students from Nigeria, but it's difficult to tell.
"It's extremely intimidating, because they go about in large groups, talking loudly and drinking alcohol.
"The way they speak and stand can be very intimidating. Even the way they look at you.
"You can see that some are serious in their studies. But many others leave their apartments everyday wearing 'bling-bling'.
"The girls are no different -- you can't help but wonder whether they are here to study or party."
She said there had also been many "ugly" incidents.
"More than once, these students parked their cars in my lot. When I asked them to move, they claimed to have diplomatic immunity."
She said in the past six months, she had taken extra precautions.
"I'm more aware of my surroundings. It can get very scary being alone in the lift with a bunch of foreign students, so I wait for the next lift.
"I've even stopped my daughter from going to the swimming pool and playing on the slides.
"It's unfortunate that we are so afraid to go out of our own apartment. I own a unit but can't even enjoy the rest of the facilities."
Sylvia said the situation had got so bad that she and her family were moving out.
"It may be unfair to judge them because they could actually be really nice people."
Read more: Spotlight: African alienation http://www.nst.com.my/nst/articles/28avafrican-2/Article#ixzz0oqPM4bxQ
Tuesday, April 6, 2010
This is Good Reading...More Water Stories
KENYATAAN MEDIA
06 APRIL, 2009 (SELASA)
PENDUDUK DIKEJAR, PEMAJU DILEPASKAN.
Saya kerap mendapat aduan dari penduduk pangsapuri yang telah dipotong bekalan air oleh Syabas kerana terdapat bil-bil yang tertunggak. Kadang kala ianya berlaku bukan akibat dari kesalahan penduduk semata-mata kerana bil-bil tersebut adalah yang ditinggalkan oleh pemaju.
Apabila penduduk mengambil alih pentadbiran pangsapuri mereka seperti dengan penubuhan JMB, mereka kadang kala menerima bil air tertunggak yang tidak dibayar oleh pemaju. Penduduk pula tidak dibenarkan membuka akaun baru dengan Syabas sehingga bil tertunggak itu dibayar sepenuhnya.
Terdapat penduduk yang mendapat bil berpuluh-puluh ribu ringgit dan bekalan air mereka akan dipotong jika mereka tidak membayar bil itu.Syabas sepatutnya menuntut bil tersebut dari pemaju bukan dari penduduk. Penduduk pula mesti dibenarkan membuka akaun yang baru.
Mungkin penduduk juga bersalah kerana tidak membayar air yang diguna kepada pemaju dan pemaju seterusnya tidak membayar kepada Syabas. Tetapi pemaju juga bersalah kerana gagal memungut hutang dari penduduk.
Syabas patut membawa pemaju ke mahkamah untuk menuntut hutang dari mereka. Pemaju pula akan menuntut hutang dari penduduk. Ini adalah lebih adil kerana mereka yang selama ini membayar bil-bil air mereka tidak akan dihukum dengan pemotongan bekalan air. Tambahan pula jika bil yang dituntut itu termasuk air yang digunakan oleh pemaju dan bukan oleh penduduk semata-mata. Rekod-rekod adalah pada pemaju maka penduduk akan terus teraniaya.
Pertukaran dari meter pukal ke meter individu atau migrasi pula akan melihat pemotongan bekalan hanya untuk mereka yang tidak membayar bil-bil mereka. Ini adalah lebih adil tetapi proses migrasi ini adalah terlalu lambat. Masih beribu-ribu penghuni perumahan berstrata masih menunggu migrasi dilakukan oleh Syabas. Migrasi ini juga membolehkan penduduk mendapat air percuma di bawah skim Merakyatkan Ekonomi Selangor atau MES.
Kerajaan negeri telah mencadangkan kepada Syabas agar tunggakan di meter pukal tidak perlu dibayar sekali gus jika penduduk mahu membuat migrasi. Penduduk mesti dibolehkan membayar secara ansuran.
Walau bagaimanapun jika bil-bil tunggakan ini dari ketika pangsapuri itu diuruskan oleh pemaju, Syabas mesti menuntut dari pemaju bukan dari penduduk dan membenarkan penduduk membuka akaun-akaun baru untuk meter individu mereka.
Syabas sekarang dilihat takut untuk menuntut bil-bil dari pemaju dan menuntut dari penduduk kerana penduduk boleh diugut dengan pemotogan bekalan dan mereka tidak mempunyai kemampuan untuk membawa kes mereka ke mahkamah.
Iskandar A. Samad
Exco/Pengerusi Jawatankuasa Tetap
Perumahan, Pengurusan Bangunan Dan Setinggan
Negeri Selangor
6 April 2010
06 APRIL, 2009 (SELASA)
PENDUDUK DIKEJAR, PEMAJU DILEPASKAN.
Saya kerap mendapat aduan dari penduduk pangsapuri yang telah dipotong bekalan air oleh Syabas kerana terdapat bil-bil yang tertunggak. Kadang kala ianya berlaku bukan akibat dari kesalahan penduduk semata-mata kerana bil-bil tersebut adalah yang ditinggalkan oleh pemaju.
Apabila penduduk mengambil alih pentadbiran pangsapuri mereka seperti dengan penubuhan JMB, mereka kadang kala menerima bil air tertunggak yang tidak dibayar oleh pemaju. Penduduk pula tidak dibenarkan membuka akaun baru dengan Syabas sehingga bil tertunggak itu dibayar sepenuhnya.
Terdapat penduduk yang mendapat bil berpuluh-puluh ribu ringgit dan bekalan air mereka akan dipotong jika mereka tidak membayar bil itu.Syabas sepatutnya menuntut bil tersebut dari pemaju bukan dari penduduk. Penduduk pula mesti dibenarkan membuka akaun yang baru.
Mungkin penduduk juga bersalah kerana tidak membayar air yang diguna kepada pemaju dan pemaju seterusnya tidak membayar kepada Syabas. Tetapi pemaju juga bersalah kerana gagal memungut hutang dari penduduk.
Syabas patut membawa pemaju ke mahkamah untuk menuntut hutang dari mereka. Pemaju pula akan menuntut hutang dari penduduk. Ini adalah lebih adil kerana mereka yang selama ini membayar bil-bil air mereka tidak akan dihukum dengan pemotongan bekalan air. Tambahan pula jika bil yang dituntut itu termasuk air yang digunakan oleh pemaju dan bukan oleh penduduk semata-mata. Rekod-rekod adalah pada pemaju maka penduduk akan terus teraniaya.
Pertukaran dari meter pukal ke meter individu atau migrasi pula akan melihat pemotongan bekalan hanya untuk mereka yang tidak membayar bil-bil mereka. Ini adalah lebih adil tetapi proses migrasi ini adalah terlalu lambat. Masih beribu-ribu penghuni perumahan berstrata masih menunggu migrasi dilakukan oleh Syabas. Migrasi ini juga membolehkan penduduk mendapat air percuma di bawah skim Merakyatkan Ekonomi Selangor atau MES.
Kerajaan negeri telah mencadangkan kepada Syabas agar tunggakan di meter pukal tidak perlu dibayar sekali gus jika penduduk mahu membuat migrasi. Penduduk mesti dibolehkan membayar secara ansuran.
Walau bagaimanapun jika bil-bil tunggakan ini dari ketika pangsapuri itu diuruskan oleh pemaju, Syabas mesti menuntut dari pemaju bukan dari penduduk dan membenarkan penduduk membuka akaun-akaun baru untuk meter individu mereka.
Syabas sekarang dilihat takut untuk menuntut bil-bil dari pemaju dan menuntut dari penduduk kerana penduduk boleh diugut dengan pemotogan bekalan dan mereka tidak mempunyai kemampuan untuk membawa kes mereka ke mahkamah.
Iskandar A. Samad
Exco/Pengerusi Jawatankuasa Tetap
Perumahan, Pengurusan Bangunan Dan Setinggan
Negeri Selangor
6 April 2010
Sunday, April 4, 2010
Complaint Against COB - MBPJ
The following was received from a concerned reader:
Dear High rise building unit owners in MBPJ' area:
We believe that you, like us, would have experienced numerous problems when seeking the help of COB to enforce the ACT 663 diligently n professionally.
Here is our experience:
1.Pn Maria, the COB Officer, seems to act more like a little Napoleon'
Her objective seems to only be to frustrate every complaint made to her.
2.The Dato Bandar seems to condone her actions or, should we say, inaction.
3.Our patience n respect to Dato Bandar n Maria of COB has been tested severely and we have been treated like fools.
4. In a recent meeting, Pn Maria even admitted she took no action on complaints as Act 663 does not give COB powers to punish those who don’t follow COB directives! Hence she is waiting for the Act to be amended(!) before she could take any action.
We therefore call on all parties affected by COB, MBPJ to work as a team and propose the following action to be taken collectively:
1.prepare a memorandum or send your complaint to Menetri Besar,all exco members,all ADUNs n all MPs,maybe PM n Sultan of Selangor seeking out our legitimate complaints that have been ignored.(extend a copy of your complaint letter to us).
2.If we do not get any response in,say, 2 weeks we will get a police permit to organize a picketing in front of MBPJ to request for ENFORCEMENT & call for a press conference.
3.Report to Police n MACC n request them to investigate Maria n Dato Bandar for possible dereliction.
This is my complaint letter to PCB and MB and some others Exco.
Dear High rise building unit owners in MBPJ' area:
We believe that you, like us, would have experienced numerous problems when seeking the help of COB to enforce the ACT 663 diligently n professionally.
Here is our experience:
1.Pn Maria, the COB Officer, seems to act more like a little Napoleon'
Her objective seems to only be to frustrate every complaint made to her.
2.The Dato Bandar seems to condone her actions or, should we say, inaction.
3.Our patience n respect to Dato Bandar n Maria of COB has been tested severely and we have been treated like fools.
4. In a recent meeting, Pn Maria even admitted she took no action on complaints as Act 663 does not give COB powers to punish those who don’t follow COB directives! Hence she is waiting for the Act to be amended(!) before she could take any action.
We therefore call on all parties affected by COB, MBPJ to work as a team and propose the following action to be taken collectively:
1.prepare a memorandum or send your complaint to Menetri Besar,all exco members,all ADUNs n all MPs,maybe PM n Sultan of Selangor seeking out our legitimate complaints that have been ignored.(extend a copy of your complaint letter to us).
2.If we do not get any response in,say, 2 weeks we will get a police permit to organize a picketing in front of MBPJ to request for ENFORCEMENT & call for a press conference.
3.Report to Police n MACC n request them to investigate Maria n Dato Bandar for possible dereliction.
This is my complaint letter to PCB and MB and some others Exco.
CAR PARK PROBLEM.....any useful advice
Hi,
I am so so happy to come to know about your organisation, as i have been having this car parking problem since i have the key to the condominium. I have been given a car park lot number 1103 in 2003. Since then i have problem parking my car on this lot due to the fact that some one else with car numbers WHQ 4362, another resident claimed she had paid for the same unit. I have in many occasion wrote to the Maintenance Office, submitted the complaint. Nothing has been solved. As my tenant always ask to park some where else during this 7 years period, she had not compliant to me until i have a new tenant recently. I have againg approached the BMO, calling, emailing and now have email to MK Land ( the developer) for their attention for the same issue. I really hope someone could help me here, as i have been trying many times in the past to solve this issue peacefully, but it seems this doesn't work. I need your help and advise, please !
Many thanks,
Miss Yoke Loh
email : yokeloh@aol.com
Perdana Kondominium Exclusive,No 15, Jalan PJU 8/1, 47820, Petaling Jaya.
The BMO : Property management Office, Bandar Damansara Perdana, 47820, PJ
e mail jmbpect@gmail.com
The MK Land Holding BHD : 19, Jalan PJU8/5H, Perdana Business Centre, Bandar Damansara Perdana, 47820, PJ
I am so so happy to come to know about your organisation, as i have been having this car parking problem since i have the key to the condominium. I have been given a car park lot number 1103 in 2003. Since then i have problem parking my car on this lot due to the fact that some one else with car numbers WHQ 4362, another resident claimed she had paid for the same unit. I have in many occasion wrote to the Maintenance Office, submitted the complaint. Nothing has been solved. As my tenant always ask to park some where else during this 7 years period, she had not compliant to me until i have a new tenant recently. I have againg approached the BMO, calling, emailing and now have email to MK Land ( the developer) for their attention for the same issue. I really hope someone could help me here, as i have been trying many times in the past to solve this issue peacefully, but it seems this doesn't work. I need your help and advise, please !
Many thanks,
Miss Yoke Loh
email : yokeloh@aol.com
Perdana Kondominium Exclusive,No 15, Jalan PJU 8/1, 47820, Petaling Jaya.
The BMO : Property management Office, Bandar Damansara Perdana, 47820, PJ
e mail jmbpect@gmail.com
The MK Land Holding BHD : 19, Jalan PJU8/5H, Perdana Business Centre, Bandar Damansara Perdana, 47820, PJ
Sunday, March 28, 2010
How many to a unit?
By LIM CHIA YING
CAN a Joint Management Body (JMB) restrict the number of occupants living in a condominium or apartment unit? Or is it illegal for them to do so despite what the JMB says it is looking into the interest and welfare of other owners at large?
Last month, the issue became contentious between two parties of the Le Chateau 2 condominium in Taman Seputeh - the JMB and a college.
Both were at loggerheads over the number of people allowed to stay in a unit, when the JMB imposed its in-house ruling of limiting just five people per household as decided during its annual general meeting (AGM) last year.
In discussion: This filepic shows the college representative Maran (facing camera, second from right) talking to some of the JMB members and residents.
That ruling did not go down well with the college which is renting some of the units of the condominium for its students, and had placed between eight and 10 students per unit.
The JMB said the policy was introduced following issues like overcrowding, noise, and misbehaving of the students while the college management demanded that such in-house ruling cannot override the tenancy agreement which was signed in 2006, and that they even have authorities’ approval on this.
Based on this case study, StarMetro spoke to some other parties who gave mixed views.
An apartment JMB president in Subang Jaya Lim Ai Yim, thinks there is a need to control the number of people in condominiums or apartments because they would inevitably turn into student hostels or hostel for factory workers.
“In my place, too, we’ve got about 30 units per block that have been rented out to factory workers, in different floors.
“In one instance, a unit had between 17 and 20 people, and because they work two shifts, you cannot detect them.
“The college had signed a contract with the developer but this was not made known to our residents association then.
“When you have large groups of students or workers, there is a tendency of facilities being monopolised and whatever damages done are repaired using our own JMB maintenance fund,” said Lim.
She said there was no reason why house rules could not be changed, subjected to JMB as per requirements as certain policies could not stay on forever since there would be issues cropping up from time to time.
“It is not healthy for condo or apartment units to be turned into hostels because ideally, three rooms can accommodate just six people or four rooms eight.
“But JMB has no right to impose that limitation on immediate family members,” said Lim.
She added that such in-house ruling should be carried out properly and with consultation like calling for an AGM to see if there were objections because disputes could arise in future and the unit owner could sue the JMB.
Another JMB chairman of a condominium in SS2, Petaling Jaya, who wanted to be known as just Ng, said the restriction of tenants was a way of taking care of the overall welfare of owners.
“In our case, too, the developer did sign a contract with a college whereby five units was rented out to more than 30 students, but we later set our own ruling to stop that.
“When you have more tenants, the wear and tear in common areas increases and that’s when it eats into our JMB maintenance funds.
“It’s a case of when companies or colleges just want to save cost hence putting so many people in one unit,” he said.
“But of course if it’s a big family consisting of immediate family members, we don’t have such restrictions.”
He said it was not illegal for the JMB to have such a ruling, claiming that there was such a bylaw that provided for the management committee (MC) to follow, but the other party (college or company) had to be informed of the policy first.
The Le Chateau 2 JMB chairman, Foong Chin Fee, reiterated that his committee had been vested with the power by the Commissioner of Buildings (CoB) to implement such house rules within their own fenced property.
“I don’t think we are doing anything illegal, as we have sought legal advice and know of other condos elsewhere imposing similar policies.
“The CoB is well aware of our action as we have deposited a copy of our ruling with them,” he said.
The Housing and Local Government Ministry, when contacted, said under Act 63, the JMB has the right to impose house rules for proper management and maintenance of the building as long as they are not contradictory to existing national laws.
When asked about the aforementioned case, a source said it was not a straight-forward thing to tackle as students were under the jurisdiction of the Higher Education Ministry, and for factory workers, the Human Resource Ministry. The guidelines should probably come from them.
“There are two different interests to look at here — one being business (as with the college), and the other being the residents or owners themselves.
“We have to see if the contract signed is in line with the status of land ownership which the building sits on, whether it is commercial (service apartment) or residential,” the source said.
The National Housebuyers Association (HBA) honorary secretary-general Chang Kim Loong, when contacted, said JMB could not simply impose any limitation to its whims and fancies as any house rules must conform with existing laws.
“Under the Building and Common Property Act, whatever house rules cannot intervene with existing local council laws, and must be consistent with their bylaws as local authorities will have taken into consideration issues like noise and so on,” Chang said.
Local government expert Derek Fernandez said under the Local Government Act 1976, the minimum requirement for living space is 350 cubic ftt per person, and this is applicable across all local authorities.
“The JMB cannot infringe the rights of property owners restricting the number of occupants as long as the above minimum space under the Act is adhered to.
“The onus is for both parties - the college and the JMB in this case - to adhere to this 350 cubic feet policy,” he said.
CAN a Joint Management Body (JMB) restrict the number of occupants living in a condominium or apartment unit? Or is it illegal for them to do so despite what the JMB says it is looking into the interest and welfare of other owners at large?
Last month, the issue became contentious between two parties of the Le Chateau 2 condominium in Taman Seputeh - the JMB and a college.
Both were at loggerheads over the number of people allowed to stay in a unit, when the JMB imposed its in-house ruling of limiting just five people per household as decided during its annual general meeting (AGM) last year.
In discussion: This filepic shows the college representative Maran (facing camera, second from right) talking to some of the JMB members and residents.
That ruling did not go down well with the college which is renting some of the units of the condominium for its students, and had placed between eight and 10 students per unit.
The JMB said the policy was introduced following issues like overcrowding, noise, and misbehaving of the students while the college management demanded that such in-house ruling cannot override the tenancy agreement which was signed in 2006, and that they even have authorities’ approval on this.
Based on this case study, StarMetro spoke to some other parties who gave mixed views.
An apartment JMB president in Subang Jaya Lim Ai Yim, thinks there is a need to control the number of people in condominiums or apartments because they would inevitably turn into student hostels or hostel for factory workers.
“In my place, too, we’ve got about 30 units per block that have been rented out to factory workers, in different floors.
“In one instance, a unit had between 17 and 20 people, and because they work two shifts, you cannot detect them.
“The college had signed a contract with the developer but this was not made known to our residents association then.
“When you have large groups of students or workers, there is a tendency of facilities being monopolised and whatever damages done are repaired using our own JMB maintenance fund,” said Lim.
She said there was no reason why house rules could not be changed, subjected to JMB as per requirements as certain policies could not stay on forever since there would be issues cropping up from time to time.
“It is not healthy for condo or apartment units to be turned into hostels because ideally, three rooms can accommodate just six people or four rooms eight.
“But JMB has no right to impose that limitation on immediate family members,” said Lim.
She added that such in-house ruling should be carried out properly and with consultation like calling for an AGM to see if there were objections because disputes could arise in future and the unit owner could sue the JMB.
Another JMB chairman of a condominium in SS2, Petaling Jaya, who wanted to be known as just Ng, said the restriction of tenants was a way of taking care of the overall welfare of owners.
“In our case, too, the developer did sign a contract with a college whereby five units was rented out to more than 30 students, but we later set our own ruling to stop that.
“When you have more tenants, the wear and tear in common areas increases and that’s when it eats into our JMB maintenance funds.
“It’s a case of when companies or colleges just want to save cost hence putting so many people in one unit,” he said.
“But of course if it’s a big family consisting of immediate family members, we don’t have such restrictions.”
He said it was not illegal for the JMB to have such a ruling, claiming that there was such a bylaw that provided for the management committee (MC) to follow, but the other party (college or company) had to be informed of the policy first.
The Le Chateau 2 JMB chairman, Foong Chin Fee, reiterated that his committee had been vested with the power by the Commissioner of Buildings (CoB) to implement such house rules within their own fenced property.
“I don’t think we are doing anything illegal, as we have sought legal advice and know of other condos elsewhere imposing similar policies.
“The CoB is well aware of our action as we have deposited a copy of our ruling with them,” he said.
The Housing and Local Government Ministry, when contacted, said under Act 63, the JMB has the right to impose house rules for proper management and maintenance of the building as long as they are not contradictory to existing national laws.
When asked about the aforementioned case, a source said it was not a straight-forward thing to tackle as students were under the jurisdiction of the Higher Education Ministry, and for factory workers, the Human Resource Ministry. The guidelines should probably come from them.
“There are two different interests to look at here — one being business (as with the college), and the other being the residents or owners themselves.
“We have to see if the contract signed is in line with the status of land ownership which the building sits on, whether it is commercial (service apartment) or residential,” the source said.
The National Housebuyers Association (HBA) honorary secretary-general Chang Kim Loong, when contacted, said JMB could not simply impose any limitation to its whims and fancies as any house rules must conform with existing laws.
“Under the Building and Common Property Act, whatever house rules cannot intervene with existing local council laws, and must be consistent with their bylaws as local authorities will have taken into consideration issues like noise and so on,” Chang said.
Local government expert Derek Fernandez said under the Local Government Act 1976, the minimum requirement for living space is 350 cubic ftt per person, and this is applicable across all local authorities.
“The JMB cannot infringe the rights of property owners restricting the number of occupants as long as the above minimum space under the Act is adhered to.
“The onus is for both parties - the college and the JMB in this case - to adhere to this 350 cubic feet policy,” he said.
Monday, March 8, 2010
THE Selangor government has embarked on a mission to rectify lift problems in local flats with a budget of RM1.66mil for three locations in the first
THE Selangor government has embarked on a mission to rectify lift problems in local flats with a budget of RM1.66mil for three locations in the first phase.
The three locations that have been identified for the project are Desa Mentari in Petaling Jaya, Permai Indah in Pandamaran and Taman Ampang Mewah in Ampang.
This was revealed by state housing building management and squatters committee chairman and Chempaka assemblyman Iskandar Abdul Samad during a site visit to the Taman Ampang Mewah low-cost flats recently.
“The first phase involves five areas but we have only identified three; the cost of RM1.66mil is for 41 lifts in the three areas,” he said.
Not in use: Note the missing buttons on the panel outside the lift and a motorcycle parked in front of it.
He added that the areas were chosen because they were in dire need of new lifts or repairs.
The project will be spearheaded by the Selangor State Development Corporation (PKNS) and work in the three areas is scheduled to begin within two weeks. It is expected to be completed in four months.
“Our aim is to finish at least one lift by April 15 in each of the three areas, which are considered to be the worst affected,” he added.
The Taman Ampang Mewah flats is a 10-year-old development with three blocks. Each block has two lifts but only one of the six lifts is working, forcing the residents to climb up the stairs of the 14-storey blocks every day.
During the site visit, StarMetro said the buttons were missing from the operating panel outside one of the lifts that are not working, and motorcycles were parked in front of it.
Iskandar added that the government would conduct awareness campaigns on the need to safeguard the lifts.
In his speech, he urged parents to advise their children on the need to take care of the lifts after the work had been completed.
“The residents have to change their attitude.
“They must work together to take care of the amenities to ensure they will live in a conducive environment,” he said.
According to resident Azizah Ibrahim, 50, who lives on the 14th floor, many of the electrical cables had been stolen by drug addicts.
“The motor room is upstairs and a grille has been fitted there, so we don’t know when they are breaking into the room,” she said.
She suggested that the Joint Management Body (JMB) fit a grille on the 14th floor instead.
“If they fit it there, we will hear them when they go upstairs and can immediately report their wrongdoings.
“It’s scary to see four men high on drugs walking up and down, especially when I’m caring for my young grandchildren at home,” she added
The three locations that have been identified for the project are Desa Mentari in Petaling Jaya, Permai Indah in Pandamaran and Taman Ampang Mewah in Ampang.
This was revealed by state housing building management and squatters committee chairman and Chempaka assemblyman Iskandar Abdul Samad during a site visit to the Taman Ampang Mewah low-cost flats recently.
“The first phase involves five areas but we have only identified three; the cost of RM1.66mil is for 41 lifts in the three areas,” he said.
Not in use: Note the missing buttons on the panel outside the lift and a motorcycle parked in front of it.
He added that the areas were chosen because they were in dire need of new lifts or repairs.
The project will be spearheaded by the Selangor State Development Corporation (PKNS) and work in the three areas is scheduled to begin within two weeks. It is expected to be completed in four months.
“Our aim is to finish at least one lift by April 15 in each of the three areas, which are considered to be the worst affected,” he added.
The Taman Ampang Mewah flats is a 10-year-old development with three blocks. Each block has two lifts but only one of the six lifts is working, forcing the residents to climb up the stairs of the 14-storey blocks every day.
During the site visit, StarMetro said the buttons were missing from the operating panel outside one of the lifts that are not working, and motorcycles were parked in front of it.
Iskandar added that the government would conduct awareness campaigns on the need to safeguard the lifts.
In his speech, he urged parents to advise their children on the need to take care of the lifts after the work had been completed.
“The residents have to change their attitude.
“They must work together to take care of the amenities to ensure they will live in a conducive environment,” he said.
According to resident Azizah Ibrahim, 50, who lives on the 14th floor, many of the electrical cables had been stolen by drug addicts.
“The motor room is upstairs and a grille has been fitted there, so we don’t know when they are breaking into the room,” she said.
She suggested that the Joint Management Body (JMB) fit a grille on the 14th floor instead.
“If they fit it there, we will hear them when they go upstairs and can immediately report their wrongdoings.
“It’s scary to see four men high on drugs walking up and down, especially when I’m caring for my young grandchildren at home,” she added
Friday, February 19, 2010
Liquidators?
Group in a dilemma over five-storey building
By CHOONG MEK ZHIN
mekzhin@thestar.com.my
A five-storey building in front of Sunrise Park Apartment has been causing a headache for the Joint Management Body (JMB) of the apartment and the foremost issue being whether or not the building was even under its jurisdiction in the first place.
“We do not know who developed or owns the building. Currently, the ground floor is occupied by businesses and the upper floors by foreign workers,” JMB chairman Yong Wee Tat said.
Yong said some people from the building throw their rubbish at the collection area of their apartment, particularly the blocks behind.
“The building’s rubbish disposal system is not good.
“They have a place in the building where they are supposed to throw their rubbish but no collector ever goes there to pick it up,” Yong said, adding that they feared the rubbish would attract rats and cockroaches.
The lane between the apartment’s wall is very narrow, with one side allotted for parking, further narrowing the space and making it difficult for rubbish collection lorries to pass through.
Yong said the JMB was formed in May last year and since then they had written three letters to the Ampang Jaya Municipal Council (MPAJ), requesting information about the building.
“We want to know who developed the building and if it is built as a shoplot office or shophouses because it could be used for the wrong purposes,” Yong adding that they needed to know who is to be responsible over any untoward incident at the building.
He added that Kumpulan Bertiga Development Sdn Bhd, the developer of their apartments, had gone into liquidation seven years ago and since then, apartment residents have been paying their maintenance fees to the liquidator company.
“We have had many problems pertaining to poor maintenance that have never been addressed such as one of the elevators being out of order for years, badly built roads within the apartment grounds and the exterior walls that need painting,” Yong said.
The JMB was formed due to the suggestion of the area’s MPAJ councillor Tan Hua Meng whom the residents had turned to when they had had enough.
“During the annual general meeting, there was no presentation of a financial report and we do not know how the previous maintenence fees we paid was used.
“The liquidator, however, claims that we owe them about RM600,000 in fee arrears,” he said.
Since the JMB took over maintenance of the now 15-year-old apartments, they discovered that the components that is needed to run the elevator had disappeared and all that is left is the elevator box in the shaft.
“We have since locked the rooftop and carefully maintained the only lift that remains,” Yong said.
The apartments consist of two low-cost apartment blocks and one medium-cost apartment block with the former having to pay RM33 in maintenence fee and the latter RM47 every month
By CHOONG MEK ZHIN
mekzhin@thestar.com.my
A five-storey building in front of Sunrise Park Apartment has been causing a headache for the Joint Management Body (JMB) of the apartment and the foremost issue being whether or not the building was even under its jurisdiction in the first place.
“We do not know who developed or owns the building. Currently, the ground floor is occupied by businesses and the upper floors by foreign workers,” JMB chairman Yong Wee Tat said.
Yong said some people from the building throw their rubbish at the collection area of their apartment, particularly the blocks behind.
“The building’s rubbish disposal system is not good.
“They have a place in the building where they are supposed to throw their rubbish but no collector ever goes there to pick it up,” Yong said, adding that they feared the rubbish would attract rats and cockroaches.
The lane between the apartment’s wall is very narrow, with one side allotted for parking, further narrowing the space and making it difficult for rubbish collection lorries to pass through.
Yong said the JMB was formed in May last year and since then they had written three letters to the Ampang Jaya Municipal Council (MPAJ), requesting information about the building.
“We want to know who developed the building and if it is built as a shoplot office or shophouses because it could be used for the wrong purposes,” Yong adding that they needed to know who is to be responsible over any untoward incident at the building.
He added that Kumpulan Bertiga Development Sdn Bhd, the developer of their apartments, had gone into liquidation seven years ago and since then, apartment residents have been paying their maintenance fees to the liquidator company.
“We have had many problems pertaining to poor maintenance that have never been addressed such as one of the elevators being out of order for years, badly built roads within the apartment grounds and the exterior walls that need painting,” Yong said.
The JMB was formed due to the suggestion of the area’s MPAJ councillor Tan Hua Meng whom the residents had turned to when they had had enough.
“During the annual general meeting, there was no presentation of a financial report and we do not know how the previous maintenence fees we paid was used.
“The liquidator, however, claims that we owe them about RM600,000 in fee arrears,” he said.
Since the JMB took over maintenance of the now 15-year-old apartments, they discovered that the components that is needed to run the elevator had disappeared and all that is left is the elevator box in the shaft.
“We have since locked the rooftop and carefully maintained the only lift that remains,” Yong said.
The apartments consist of two low-cost apartment blocks and one medium-cost apartment block with the former having to pay RM33 in maintenence fee and the latter RM47 every month
Monday, February 8, 2010
From Down South
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?
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?
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.
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