Normally, prayer room will be under Common Facilities which is shared amongst Resident.

As you had a special committee that specifically managed this 'room' and utilities bills record had shown that increased usage by that particular room, then MC will need to inform the special committee of the increase in utilities charges and request for special committee to increase their contribution to cover the shortfall.

Special committee has to evaluate the reason of increase in utilities - is it due to higher activities being performed there or wastage (i.e. Aircon / Fan / Lights left switch on when no one is using then they need to be more discipline and switch off after usage (example)

This post has been edited by stryfox: Feb 12 2016, 03:16 PM

Agreed!

Some more, this can solve a problem where new owner (subsale transaction) coming in. The new premium rate must sync with current value.

From my experience, it is better to contract out to security company that providing Nepalese security guards.

try calling this company. so far their nepalese guards are good


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i think it is all depend, some Nepalese is not up to the par.
it is also depend on resident attitude. you must know these Nepalese dare not to offend the owners.

most important is to have good JMB or MC which can monitor their performance and continue to push them.

Hi.

Its good to have this talk.

May I know, upon transferring from developer to JMB, there has been deficit by developer around RM100k. How to tackle this problem?

Currently we have partial block develop by developer. block 123 completed and rent out to students, facilities managed by developer and owner that rent out all unit to students. After 2 years block 345 completed and developer has appointed 1 new JMB to manage block 123 and block 456. We have been told that block 456 cannot have their own JMB, it must be under 1 JMB that the developer has appointed because the development is under 1 developer. Now final block 789 is building up and I think there will be a lot of problem occur after that. Please help. need expertise help here.

P/S: May I know anyone experience using software system that can handle for maintenance fee/sinking fund/electrical & water bill and complaint form?

The problem is when audited account transfer, it stated there got deficit for RM100k++

1. JMB Formed after 2nd AGM, 1st AGM between developer and owner block 123
2. Audited reports mention because of commercial rate of water and electricity, due to that got deficit 100k++ and payment to maintenance contractor. But building on block 123 still under warranty from developer as dlp preiod is 2 years
3. Will check on the COB certificate

This post has been edited by montagut: Apr 25 2016, 08:41 PM

JMB Committee must play a strong role in going after Developer during DLP. Lodge report to COB for any complaint provided notify Developer first to rectify or remedy any breaches especially on Common Facilities. For individual owner, suggest they file at Strata Management Tribunal for Defects.

JMB have to scrutinise the Account. Normally, no payment to maintenance contractor as Developer to bear cost for rectification during DLP and should not charge to JMB Management Funds Accounts.

Alternatively, JMB have to call for EGM to raise Maintenance Charges to cover for expenses.

This post has been edited by stryfox: Apr 26 2016, 12:18 AM

May I know, upon transferring from developer to JMB, there has been deficit by developer around RM100k. How to tackle this problem?

Conduct an audit first.

The JMB will need to first know how much monies was received and how much monies have been paid and what for. The questions should be fairly straightforward because the monies in the maintenance account can only be used for limited purposes.

Once you have determined your income and expenses, you have to cross check against section 10(4) Act 757. If the monies claim is out of scope, claim back from developer. Also note, not all defects are claimable from maintenance because it is covered under DLP as per SPA.



Currently we have partial block develop by developer. block 123 completed and rent out to students, facilities managed by developer and owner that rent out all unit to students. After 2 years block 345 completed and developer has appointed 1 new JMB to manage block 123 and block 456. We have been told that block 456 cannot have their own JMB, it must be under 1 JMB that the developer has appointed because the development is under 1 developer. Now final block 789 is building up and I think there will be a lot of problem occur after that. Please help. need expertise help here.

Block 456 cannot have their own JMB really?

See section 17/18 of Act 757. After that make a report to COB.





P/S: May I know anyone experience using software system that can handle for maintenance fee/sinking fund/electrical & water bill and complaint form?

Most condominium management use UBS accounting software. I suggest you guys start hunting for a facilities management body.

The problem is when audited account transfer, it stated there got deficit for RM100k++

This post has been edited by joshuawhlam: May 14 2016, 08:13 PM

If property management and JMC didn't play good role and choose to increase the management fee for deficit. Maintenance fee is already high as RM0.32 and being raised to be RM0.48 and then RM0.575 excluding the sinking fund. What proprietor owners can do to stop the continuous increment?

The only proprietor owner can do is call for EGM to remove existing JMC.

JMC is empowered to collect management fee for the upkeep of the building, any owner refuse or fail to pay in full on time is considered defaulter.

JMC must present the budget and explain why fee need to increase to seek approval during AGM. if the expenses are not reasonable eg to raise fund for capital expenditures for certain upgrading works, owners can always reject the proposal. usually if the collection is satisfactory eg >80% the income is enough to cover the expenses. only when too many defaulters where JMC has no choice to raise maintenance fee to pay for the operating costs. but we all know, Malaysia owners always refuse to pay maintenance fee, and the collection sometime is less than 50%. our authorities /enforcement are always not effective and JMB is helpless

pls take note that JMC is also owners and they have to pay the higher fee too if it has been increased.

JMB is passive to ignore the enquiry on the propriety owners without single word after one year. To date, owners have no information on the detailed in EGM and AGM to pass the increment. No information on the proponent, seconder, vote count, effective date, rate of increment, resolution. After enquiring for many times, owner has limited information, but still don't know the detail. In the voting procedure, property management determine who can vote and who can not vote and some disqualified candidate can be candidate. Since JMB remain silent at any condition and pay property management well, property management stands to entertain the owner and protect the JMB. First increment is temporarily for 4 months to cover OPEX, but now it does seem use to cover CAPEX. Seem JMB may continue to increase the maintenance fee with no end. Owners are relundant to join current JMB since the JMB is so negative and has risk to be sued. Owners requested property management to have EGM discussing on this issue during Chinese New Year period, but being ignored and owners are hard to see those minutes locked posted limited time in office and no full owners list to contact. My last communication, property management said the payment rate more than 80%, but JMB starts to use for CAPEX. What's a single owner who concern my pocket can do?

This is the root of problem.
A negative thinking/mindset, won't be able to rectify anything.
Owners need to be proactive and willing to remove the existing JMC and become JMC themselves if doesn't satisfy about current situation.

I had seen plenty of cases, that owners constantly complaining about existing management, but when tell them to involve directly time, lot of them "chicken out" already with excuses just like above.
No offence.

Normally, JMC is covered by office bearer insurance that JMC can use the maintenance fee to pay for it.
Also, if JMC is always acting based on the act that empower them, there is nothing to fear.

seems u did not attend the EGM and AGM as u have no information on the voting.

property management must follow strata act to conduct the agm, voting right, qualify candidate, or their licence will be revoked. so i believed the increment has be done properly.

please treat the jmb as equal right as you and they are not employee of u. they are the rightful owner too and you are not their boss. suggest you study the strata act thoroughly and talk NICELY to them. noticed many residents still dont understand the strata act. JMC have lot of work to do since they are just a volunteer. they have no time to entertain each owner and some owners are so rude and aggressive. you can check more info via property manager or his staffs (not JMC ) since the management co managing this property. usually the AGM minutes will be published at the notice board after 28 days. but they maybe some delay if they are too busy. u can go to COB to check too.

even the collection now at 80%, but they are still many arrears after deficit for many years. this will affect the cash flow of the current operation.
it is not easy to contact all the owners , as some give wrong address or has sold the property to new owners. title checking at PTG land office also not updated

I did attend EGM and being elected as a subcommittee and I sent a proxy in 1st AGM. For 2nd AGM, I am abroad. Owners need to check the formal minute as formal document. Sometimes it is also easy to miss points in the meeting.

As my limited understanding, proxy is able to make one vote since not that kind of one proxy agent holding many votes. If proprietor owner did not clear the previous payment, proprietor owner is not qualified to vote or be candidate. To date, proxy disallows to vote and non-qualified candidate can be committee due to support from floor. I am sharing my view based on my understanding of the act. I support any fellow neighbour to be committee since this is voluntary works, but act has to be followed.

For the first increment in EGM, owners have dispute and angry. But, owners mostly agreed to have temporarily increment for 4 months for immediate needs. What to do? Still have to pay TNB and water. Owners faced a tuff developer with big name. In EGM, subcommittee was being formed. Subcommittee started to act actively to write to architect and developer particularly suspected wrong architectural design to cause flood and contacted DBKL. JMC is neither supportive nor responsive to subcommittee. Then what for subcommittee works so hard since subcommittee seem not a recognized body in act but only workload. After long ignorance, subcommittee are better acts as common owner to pay maintenance fee and have less hassle.

But the condition does seem getting worse when temporary increment does not seem stop after 4 months as agreed in EGM. Then owners continue to pay. What to do? 2nd increment imposed with low attendant rate in 2nd AGM.

Owners experienced from zero (waived by developer initially), to be RM0.32, then RM0.48 and now RM0.575 within one year. To accelerate the payment, JMB and property management imposed late charge for non-payee. I understood JMB have right to do that. But the action is really pressure to owners. What to do? Pay to prevent as defaulter.

Owners are worrying the next increment.

proxy not allow to vote- is it a co owner?

proxy disallows to vote and non-qualified candidate can be committee - u can report to COB and disqualify the AGM/commitee
only those fully settled fee 7 days before AGM are qualified as committee,
he must not being elected as committee for the past 3 consecutive years
he is not bankrupt

since u care much - pls nominate your self as JMC (not sub committee) to give instruction to PMA

suspected wrong architectural design to cause flood - please fill at tribunal , there is no time bar.

Our community appreciates the kind reply for improvement.

In first AGM, I plan to be the committee member but coincidently I am not around. I used the clauses 8, 13, 12-2-c to be a qualified candidate because I am one of the trouble maker to complain the deflects at developer. I appointed my sister (she is neither owner nor co-owner) to be proxy (clause 8 said my sister as proxy cannot be candidate) and I have the right to be candidate (clause 13). However, my right has been disallowed and even my voting right by proxy has been disallowed (clause 12-2-c)

(8) For avoidance of doubt a proxy appointed by a proprietor shall not be eligible for election (as I my understanding, proxy ONLY cannot be candidate).
(13) an absent proprietor shall not be nominated for election as a member of the management committee unless he has appointed a proxy and has given his written consent to be nominated and elected as a member of the management committee.
(12-2-c) a notification to each proprietor of his voting rights and that he may vote in person or by proxy at the meeting

I wrote to property management, JMC and DBKL. DBKL gave respond that proxy can vote in conditions. I visited DBKL and COB many times to push forward the things. Most worrying, I don’t think the property manager understands the act well. No offence and I may be wrong. PMA seem busy until the next AGM and new property manager came.

In 2nd AGM, I believe the election process has been violated again. I am supportive for my neighbor to be committee, but act has to be followed.

(9) Notwithstanding subparagraph (7), an individual referred to in that subparagraph shall not be eligible for election as a member of the management committee of a management corporation if, on the seventh day before the date of election,
(a) where he is a proprietor or co-proprietor of a parcel, all or any part of the charges or contribution to the sinking fund, in respect of the parcel are in arrears.

I met the DBKL, COB, PMA and developer. DBKL and COB are the most helpful person without the conflict of interests. After I wrote letters and make more than 10 visits to DBKL, DBKL sent the team to confirm the flood, but PMA and JMB are really weak to follow up.

I am not a lawyer and my understanding may not be perfect. I try to prevent a close minded community formed in the city and to protect my pocket. Thanks for the suggestions. Have to compete in next AGM and instruct PMA directly and file Tribunal for suspected faults.