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Strata act 757
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aurora97
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May 4 2016, 05:01 PM
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QUOTE(lucerne @ May 3 2016, 09:43 PM) COB is toothless! they are just act as a middle man.. Like it or not, it’s the appropriate channel for complaints relating to JMB/MC. Once this option has been exhausted, then you may escalate to other departments for further action (example Ministry of Housing, DBKL, house buyer association etc…)
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coinstar
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May 5 2016, 04:42 PM
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I need to find a way to retain chairman. My apartment very difficult to get an honest chairman. Since the Act said that no committee member should hold office more than 3 years, is there a way for us to re elect current chairman?
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sam sam
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May 5 2016, 05:54 PM
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If the acts says no and the act is the highest governing issue in this matter in which committee meeting, agm and house rules decisions should be made in compliance to this.
If u maintain a lawful view on this then there is not much other way to go around it.
By the way for chairman it's 2 conservative terms not 3 years. 3 years is for committee member
This post has been edited by sam sam: May 5 2016, 05:58 PM
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coinstar
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May 5 2016, 06:00 PM
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QUOTE(sam sam @ May 5 2016, 05:54 PM) If the acts says no and the act is the highest governing issue in this matter in which committee meeting, agm and house rules decisions should be made in compliance to this. If u maintain a lawful view on this then there is not much other way to go around it. By the way for chairman it's 2 conservative terms not 3 years. 3 years is for committee member thanks bro...
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sam sam
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May 5 2016, 06:08 PM
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QUOTE(coinstar @ May 5 2016, 06:00 PM) He or she could wait it out for one term to try There is one grey area that may be possible Is to get somebody to be a committee member during the agm and half way resign. the committee then can appoint a new member to replace the resign committee member The key word is consecutive years and terms. Again not a straight forward but a rather grey area. And there is no guarantee the committee the committee can appoint back the chairman You can try
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earthcrystal
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May 5 2016, 06:14 PM
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Getting Started

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QUOTE(coinstar @ May 5 2016, 04:42 PM) I need to find a way to retain chairman. My apartment very difficult to get an honest chairman. Since the Act said that no committee member should hold office more than 3 years, is there a way for us to re elect current chairman? @coinstar, Starting this year, chairman for two terms (two AGM) if he got re-elected; next AGM the person can be part of the committee member but in the position of treasurer or secretary. On the next AGM (4th term) that person, if re-elected can be a chairman one more ... am I right? AGM1 - elected and selected to be chairman. AGM2 - re-elected and selected to be chairman. AGM3 - re-elected and selected to be treasure or secretary or normal committee member. AGM4 - re-elected and selected to be chairman. AGM5 - re-elected and selected to be chairman. ... and so forth ... Cheers.
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earthcrystal
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May 5 2016, 07:22 PM
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Getting Started

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The story of TAPO Apartment under management by Koboi Developer based on hearsay ... Part 2
July2015, there was a meeting at COB HQ beside Jln Sultan Ismail. The meeting is regarding TAPO Apartment has two Certificate of Establishment Of Management Corporation for Sub-divided Building/Buildings issued - One for Block A & Block B and one for Block C & Block D ... PTG will not consolidation because there is public separating the four Blocks. A segregation is required on common areas of TAPO Apartment. The current elected MC is considered invalid because TAPO Apartment is required to do 2 AGM - one for Block A&B and one for Block C&D meaning two MCs to run TAPO Apartment. The current elected MC is consider a caretaker and it existences is to temporarily take care of TAPO Apartment.
It is getting interesting ...
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sam sam
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May 5 2016, 07:37 PM
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QUOTE(earthcrystal @ May 5 2016, 06:14 PM) @coinstar, Starting this year, chairman for two terms (two AGM) if he got re-elected; next AGM the person can be part of the committee member but in the position of treasurer or secretary. On the next AGM (4th term) that person, if re-elected can be a chairman one more ... am I right? AGM1 - elected and selected to be chairman. AGM2 - re-elected and selected to be chairman. AGM3 - re-elected and selected to be treasure or secretary or normal committee member. AGM4 - re-elected and selected to be chairman. AGM5 - re-elected and selected to be chairman. ... and so forth ... Cheers. This way will be hit the grey area where u can't be committee member more than 3 years consecutive. Considering in agm it's appointment of committee member and then among themselves they elect office bearers. So I would argue this is illegal because could not be appointed as committee member in the first place
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earthcrystal
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May 5 2016, 08:03 PM
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Getting Started

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@sam sam
Not allowing a committee member to be more than 3 consecutive years is a fail-safe mechanism put in place as a prevention.
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coinstar
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May 5 2016, 10:36 PM
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QUOTE(sam sam @ May 5 2016, 06:08 PM) He or she could wait it out for one term to try There is one grey area that may be possible Is to get somebody to be a committee member during the agm and half way resign. the committee then can appoint a new member to replace the resign committee member The key word is consecutive years and terms. Again not a straight forward but a rather grey area. And there is no guarantee the committee the committee can appoint back the chairman You can try current chairman already in 3rd terms. what if at the agm majority of the residents agreed for chairman to continue for another term?
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coinstar
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May 5 2016, 10:37 PM
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QUOTE(earthcrystal @ May 5 2016, 08:03 PM) @sam sam Not allowing a committee member to be more than 3 consecutive years is a fail-safe mechanism put in place as a prevention. yupp.. and that is an issue
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lucerne
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May 6 2016, 02:00 PM
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QUOTE(coinstar @ May 5 2016, 10:36 PM) current chairman already in 3rd terms. what if at the agm majority of the residents agreed for chairman to continue for another term? i think MC can appoint him as adviser for one year than elected again in next AGM as a adviser he still can monitor the management of the condo. best if he can get a proxy for the committee and then the proxy committee can appoint him to represent for all meetings
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coinstar
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May 7 2016, 07:23 AM
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QUOTE(lucerne @ May 6 2016, 02:00 PM) i think MC can appoint him as adviser for one year than elected again in next AGM as a adviser he still can monitor the management of the condo. best if he can get a proxy for the committee and then the proxy committee can appoint him to represent for all meetings noted. thanks bro...
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earthcrystal
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May 8 2016, 04:52 PM
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Getting Started

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The story of TAPO Apartment under management by Koboi Developer based on hearsay ... Part 3
On Sept2015, the koboi Developer wrote a letter to COB to request for a change of date of AGM (which proposed in Sep2015 on the July2015 meeting) because SOA is not ready for auditing. At the same time, the caretaker TAPO MC started spending money on painting parking marker on a common road (meaning this road is under the jurisdiction of DBKL???); replacing of damaged water meter without notifying the owners of the unit and renovation on the TAPO Management Office. There was no notification on these tasks to the residents of TAPO Apartment.
On Aug2015, the current security guard was terminated by the caretaker TAPO MC. The new security guard company started work and disappeared before EOM of Aug2015. Another security guard company was appointed in Sep2015.
On Dec2015, meeting was held but TAPO Apartment caretaker MC and Koboi developer were NOT present; COB fixed the date to Mar21 2016 (Sunday) to have the 1st official AGM in TAPO Apartment.
On Mar1, 2016; COB send a second reminder letter to Koboi developer and TAPO Apartment caretaker MC.
Koboi developer send a letter to COB to request for a postponement because auditing on accounts of TAPO Apartment is not completed.
On April11, 2016; COB sent a final warning letter to koboi developer and caretake MC of TAPO Apartment. AGM must be held on May22, 2016 or else COB will open a file on koboi developer for investigation. COB informed that to have an EGM to show the audited accounts.
SOA (Statement of Accounts) for year 2013 and 2014 were not inform to the owners for viewing. It is almost middle of 2016, I presume SOA 2015 should be available for viewing. AGM 2014 not show of SOA 2013. No AGM 2015. Based on these hearsay facts, something dodgy is going on ...
To be continue ...
This post has been edited by earthcrystal: May 8 2016, 05:00 PM
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coinstar
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May 10 2016, 01:43 PM
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QUOTE(aurora97 @ Mar 2 2016, 03:05 PM) 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… appreciate if somebody could advise good external management service provider.... tq
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lucerne
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May 12 2016, 03:39 PM
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QUOTE(coinstar @ May 10 2016, 01:43 PM) appreciate if somebody could advise good external management service provider.... tq all of them are sucks. MC still need to involve intensively re management of a property best is MC employ an experience property manager and office staffs to manage the condo themselves. pay higher salary instead of pay to management agent/co MC can fire the property manager if he cant perform. only owner /MC care about their property, management agent wont give a damn.
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aurora97
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May 12 2016, 06:16 PM
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QUOTE(lucerne @ May 12 2016, 03:39 PM) all of them are sucks. MC still need to involve intensively re management of a property best is MC employ an experience property manager and office staffs to manage the condo themselves. pay higher salary instead of pay to management agent/co MC can fire the property manager if he cant perform. only owner /MC care about their property, management agent wont give a damn. I do agree with Lucerne to some extent. The curve is much greater if you wish to run your own show because management companies normally have a system in place and they just recycle it wherever they go. Rather than waste valuable time looking for Mr. Right to run the condominium, why not look for the right property manager? You just have to hire and fire them without the hassle of setting up a regime or dealing with human resource issues. Also, regardless whether it’s your own show or property manager, a lot of hand holding is required. The moment you let your eyes off the ball that’s when things go bump.
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newbiefinder
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May 12 2016, 11:49 PM
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New Member
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QUOTE(Eng_Tat @ Nov 6 2015, 10:58 PM) aurora, can we do this? thanks Yup...the MC/JMB have the right to display the defaulter list on notice board and they need to update it in every calender month. Under 3rd Schedule, By-Law, Para-6(3)
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newbiefinder
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May 13 2016, 12:16 AM
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New Member
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QUOTE(cherroy @ Mar 10 2016, 02:22 PM) Ok, thanks for the update. Found in 2nd Schedule- Para (7)(2).. I put here for reading purposes if you free.
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ycs
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May 13 2016, 09:18 AM
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anyone's MC have an internal audit committee?
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