The billing or invoice is for quit rent and fire insurance.
So it will apply the same act within 14day and charge late payment on 14days or 15th day?.

Act 757 just say duty of management to collect, it doesn't say the timing.

Say ur management gave 14 days payment term. 14 days from the date of invoice you will need to pay. On the 15th day you will need to pay late payment interest.

If u unsure or in doubt, ask your management to show u the formula as to how they computate late payment interest.

Hi guys, I'm so glad i bump into this thread and especially aurora for much appreciated contributions.

We will be having our AGM since 2013 soon..... weird ya?

Scenario:

Bought my apt around 2011, tenant around 2012, attended AGM 2013. Somehow a motion was passed for the JMB to stay for 3 years. 2013-2016 *i admit of being ignorant at that time but for couple of years i was oblivious to the workings of JMB as long as basic needs are met. JMB was doing good with the place.

Up till last year things starts detoriating, changing of MA and staffs, security guards company changes etc. Andl last stroke, management office close for 2-3 weeks. That freaked me out. As i don't want my community to bad.

So i read around what JMB do and decided to be an active participant in the next AGM. The current chairperson to his credit did a find job up till last year since around 2010 and the current JMB is 3 years old with most of the member were in previous JMB too.

Any advice on what to look out for? How do i get nominated? I received the AGM meeting with previous year AGM Mom but it did not include the audited acc. Is it a must?


Also worth noting is item 12 of Schedule 2, “Notice of general meeting”:-
12. (1) At least fourteen days' notice of any general meeting shall be given to every proprietor.
(2) Every notice for a general meeting shall include but not be limited to the following:
(a) the place, date and time for the meeting;
(b) each proposed resolution to be considered at the meeting; and
© a notification to each proprietor of his voting rights and that he may vote in person or by proxy at the meeting.
(3) In the case of an annual general meeting, the notice in subparagraph (2) shall also—
(a) be accompanied by a copy of the minutes of the last annual general meeting;
(b) be accompanied by a copy of the audited accounts together with the auditor's report on the accounts of the management corporation; and
© specify any other matters to be considered at the meeting.
(4) No motion shall be submitted at a general meeting unless—
(a) notice of the motion has been given in accordance with this paragraph; or
(b) the motion is a motion to amend a motion of which notice has been so given.

Thanks.

Btw to those who wants the full docs with extras... click SMA 2013 & SMR 2015

Hi guys, I'm so glad i bump into this thread and especially aurora for much appreciated contributions.

Am just sharing my thoughts and experience, not necessarily correct. There are other forum contributors who can chip it and make the answer complete.

I think a lot of condo owners face same problem, its more or less a problem solving game if you ask me.

Bought my apt around 2011, tenant around 2012, attended AGM 2013. Somehow a motion was passed for the JMB to stay for 3 years. 2013-2016 *i admit of being ignorant at that time but for couple of years i was oblivious to the workings of JMB as long as basic needs are met. JMB was doing good with the place.

Since the infringement occurred before Act 757 came into play, I will use Act 663 instead.

“Section 9 Act 663”

9. Annual general meeting
(1) An annual general meeting of the Body shall be held to consider the Building Maintenance Fund and to transact such other business as may arise.
(2) The annual general meetings shall be held once in each year and not more than fifteen months shall elapse between the date of one annual general meeting and the next.


Up till last year things starts detoriating, changing of MA and staffs, security guards company changes etc. Andl last stroke, management office close for 2-3 weeks. That freaked me out. As i don't want my community to bad.

That is normally the case, the first 3 years of staying in my condo… everything was gorgeous i.e. staff, security guard, landscaping etc.. then suddenly everything start to fall apart because the cost now outstrip the monies available in the bank.

If a JMB abuse the funds, normally he will first pillage the sinking fund and thereafter the maintenance fund. After that, it will be using maintenance fee on a month to month basis to cover the gaps.

So i read around what JMB do and decided to be an active participant in the next AGM. The current chairperson to his credit did a find job up till last year since around 2010 and the current JMB is 3 years old with most of the member were in previous JMB too.

Same story line. We thought our JMB and especially the chairman was doing a good job. He lined his pocket and his cronies, we managed to make him account for RM 600K but my rough estimation during the 3 years… it would be more like within a region of RM 1-2mil.

Any advice on what to look out for? How do i get nominated? I received the AGM meeting with previous year AGM Mom but it did not include the audited acc. Is it a must?

What to look out for >

If it were me… I would propose that an independent auditor (or forensic audit, 1FY should be enough) be appointed and the findings be tabled in the next EGM (NOT AGM). If you are prevented from submitting a motion, pose the question during AGM.

Please note the procedures to submit agenda by proprietor:-
Requisition for motions to be included on agenda for general meeting
13. (1) Any proprietor may, by notice in writing deposited at the registered office of the management corporation not less than seven days before the time for holding the meeting, require inclusion of a motion as set out in such notice in the agenda of the next general meeting of the management corporation.
(2) Upon receipt of the notice under subparagraph (1), the management committee shall include the motion in the agenda of next general meeting, and the notice of the motion shall be displayed on the notice board of the management corporation.
How do I get nominated? (LOL?) >
I don’t know. Talk loud and a lot I guess.

Audited Account not included? >
Refer to section 12(3)(b) of Schedule 2 SMA

can someone nominate him/herself? just need a seconder then.

I don't see why one cannot nominate him/herself.

It's like your volunteering yourself.

just like Katniss Everdeen.

I also don't know... some allowed some not . just would like to get confirmation here.

is it mentioned in the act?

i dont think you can get confirmation here....

The Act doesn't say how internal mechanism such as these are governed... if i recall correctly, the Act however does say that the management is allowed to have their own governing rules i.e. similar to companies Article of Association in place.

I will need to go do some research on this topic...

good question though.

There is no rule said that one cannot nominate or volunteer oneself, just need seconder or "support" from the floor during AGM.

At a recent AGM for my condo, several Motions were on the Agenda, as submitted by the Committee.

None of these Motions appeared in the MC minutes immediately prior to the AGM. There was no Agenda agreed in these minutes, no Motions discussed, proposed, seconded, and voted on. And duly recorded.

For any individual owner to submit a motion the Committee requires a form to be completed, the motion to be stated, the owner to act as proposer, and the form signed.

For the Committee itself, nothing needed. It's out of the blue. No verification that it comes from the whole Committee with a quorum and not from the Chairman or Secretary acting on their own volition.

Any comments.

Thank You.

Sadly to say, there are still plenty of AGM, JMB/MC being run unprofessionally.
Some even do not have AGM for many years...
Some even without audited account as well.

I suspect your condo is not using any external management service provider.

These are typical tell-tale signs that your condo is being managed by lay person who are unfamiliar with normal conventions of hosting an AGM and also Act 757.

I think is best to request your management to employ an external management service provider. At the same time, you may want to lodge a complaint with your respective COB about the discrepancies that have occurred during the tenure of the committee.

You may want to act fast because from the way you put it, there may be already signs of abuse in play. If allowed to rot, it may plunge your condo into financial difficulties…

I appreciate the comments.

I have written to the Committee many times to point out irregularities. The chairman declared that he will not reply to letters he deems unsuitable.

The Committee meets every 2 months and does publish minutes. The last minutes stated :

"we should not be side-lined, remote controlled, lose focus, destabilised or disillusioned from persons who are hell bent on just sending in long emails/communications forms which are somewhat deemed a nuisance. When these type of letters are looked into, on many points, laws etc have been misinterpreted & twisted, things taken out of context to suit themselves ....

.... most committee members feel that if someone has nothing meaningful to say or can't help, they should refrain from sending in such letters, this comes across as "sour grapes" and deemed time wasting verging on harassment. We should not be brain washed by others who have not got the facts right and their only agenda is to create dis harmony."

This is wrong. Letters sent have been factual, quoted SMA 2013 (Act 757) when needed. They have also been civil. And they have all been ignored.

These minutes were put up on the condo noticeboards. The committee seems not to appreciate anyone referring to procedural errors or asking for details of maintenance contracts, disclosure of tender amount received, insurance provisions.

I guess most owners will be frightened off.

Thank you

This post has been edited by rwmgmc: Mar 2 2016, 09:55 PM

Just look up strata tribunal procedures. It's on the national gazette as ancillary documents for the 757

The tribunal is open for business. They are in putrajaya.

File there only cost rm100 to file
Once u do that should help with your problem

From there the committee will recognise u

Many thanks. I will make a claim to the Tribunal.

Most of the ignored letters are 3 months old. As I posted, no replies.

What do you think about notifying the Committee of the intent to make a claim to the Tribunal out of fair play and civility, and to allow for any change of mind on replies ?

However, I don't want to appear to be making a threat along the lines of "you haven't replied, if you don't reply I'll go to the Tribunal."

Any thoughts ?

Thanks.

This post has been edited by rwmgmc: Mar 5 2016, 10:17 PM

First and foremost I have no legal training and have no experience at the tribunal as such my opinions may not proper and I will not be responsible for them

I would suggest if u can to talk to a lit lawyer to get some idea for best results.

The tribunal from a layman perspective is some ways similar to a standard litt case in a court of law. it has statement of claim defense, discoveries and etc. As such treat as like it's almost like court of law. You can apply for declaration that meeting invalid if clauses are not follow with reference to the act for example.

Keep your posted letters. It should be part of your statement of claim. Ie. I posted my said letter dated with date to the management office and till this date no response. Do for all.

On replying. It would be up to u. Tell them about it loses the element of surprise if u have not send a letter of demand. It may be good to phrase a letter of demand with a further action if it's not replied. Why tell them tribunal. Because if it's further action u may have option of cob, court of law or tribunal. Nicer to have more bullets in the chamber. Further it keeps them guessing which route you are taking.

Also I would recommend paying rm50 send in a request for accounts and all the documents you are entitled to in the act. Read up the main part of 757 it details there. If they don't reply to u then more ammo for your statement of claim.

Their statement of not entertaining stupid request can work in your favour in the tribunal. You want to establish why they don't reply and you can plead on this why there is no response. Keep the minutes or request a copy for it. If no response do the cob route for this

This post has been edited by sam sam: Mar 6 2016, 06:32 AM

I think nomination 2 days in advance is to allow management to confirm the eligibility of a person to be nominate as committee. to make sure his is not a bankrupt. unless he sign a declaration on the spot /AGM?

it is also same as the proxy form where the management need time to verify the signature is actually from the actual owner, some may simply counterfeit and submit the form knowing that the person definitely will not attend AGM eg out of town, sick etc..


meanwhile , would like to ask if strata owner has the right to attend the monthly JMC/MC meeting? do he need permission? to write in?
how the strata owner know if there is any JMC/MC meeting? since the meeting is not put on notice except AGM/EGM.

how a concerned strata owners voices to be heard? only during AGM/EGM?

Owner has no right to attend the monthly JMB/MC meeting, but for transparent purpose, it is good to have.
So it depends on MC decision to allow or not.

MC meeting is about MC internal issue, there is no need to publish the meeting date except a proper meeting minutes recorded.
Again, for transparent issue, nothing to hide, good to put up notice.

Last time, we (I involved in MC time) allow owners to attend monthly meeting and allow any issues being raised after the formal issue of the meeting being settled first, aka at the last session of the meeting.

How or whether voices being heard depended how elected MC members react to it.
If the MC members always refuse to hear majority voice, then vote them down is the solution, as simple as that.

New rules require notice of meeting to be place on the condominium notice board and for a of minimum 7 days

After that 21 days minutes have to be on notice board