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?

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?

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.

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.

I feel that law is weak in Malaysia. After two months, the respond from the JMC and property management are,

a) Owner's Enquiry: Abuse EGM outcome to increase maintenance fee only for 4 month probationary.
JMB and PMA Respond: Admitted. Strata Management Act 2013 (Act 757), Section 21 (2) (h), the JMB shall do all things reasonably. Then, incensement has been extended.

b) Owner's Enquiry: Allow disqualified member to be candidate and elected as committee due to 'floor support'.
JMB and PMA Respond: Admitted. Have sent the minutes to Commissioner of Oath (COO) and Commissioner of Buildings (COB) and they have made no further comment.

c) Enquiry: Disallow proxy to vote, which proxy can vote according to act.
No respond at all.

The current JMB and big name property management misinterpret that "JMB shall do all things reasonably" according to Strata Management Act 2013 (Act 757), Section 21 (2) (h) to ignore everything.