Hi, I’d like like to know if the JMC has the right to terminate the MA and make it to become self-management? Eg: hire General Manager to run the office, building manager, finance manager, admin manager, many staff and also own security team.

Do we need to pay them EPF/Socso? Employee welfare? Are they covered by Employment Act or Industrial Act? I only know that the GM is contract basis, he was our former JMC/chairman, his wife also a JMC for 2 years now.

Secondly, does JMC has the power to make any decision and spend the maintenance fee like their father’s money? Eg: install air-con at all lift lobbies (total 8 units for my phase, there are 3 phases), remove all fire doors and replaced by tempered glass doors, shut down 1 entrance/exit during midnight (we only have 2 entrance/exits for 799 units), hire lawyer to send LOD to owners who have overdue MF, hire lawyer to appeal the judgement of KPKT court to high court…etc. But maintenance of the building has not been properly done, supposed a mid-range condo now is like low cost flat.. monthly MF RM0.33/sft!

Now 14 mths has passed and we are still waiting for the notice of AGM(3rd)..

we made numerous complaints to COB, but they really toothless and useless. That's why a few owners filed to KPKT and won the case, judgement is JMC to call for EGM in April but JMC hire lawyer to appeal...

This post has been edited by gabby0140: May 13 2016, 10:17 AM

Yes, there is no mandatory requirement under the act saying JMC/MC need to hire a registered property manager to manage (although I heard last time there is a plan for it for the future). Correct me if I am wrong.

Yes, every employee hired, as employer, you need to pay for EPF/Socso, it is under the employment act, unless the employee hired exceeded the threshold of wages range and not in manual labour work issue, this is more about employment issue, not much a concern for JMC.
Actually in EPF act, contract basic also subjected to EPF contribution, although I knew many out there doesn't.

Yes, JMC is empowered to spend every money to upkeep the property.
That's why it is best interest owner participate in the election of JMC and ensure the JMC/MC is in good hand, which ultimately will determine how well the property is maintained, eventually translate into value of the property.

The solution is to get enough signature and voting to outcast the existing JMC, if they are not doing a proper job.
An Egm must be called if reaching the threshold of request by the owner, if not mistaken 1/3 of total eligible owner.

Keep on complaining to COB how bad the management is, won't be much helpful actually, as COB has no say on how the property is managed, if there is a lawful JMC being elected, and the work done by JMC doesn't violate any act.

the requirement to call for EGM is 25% and we got 32% together with other phases but being rejected, reason being is we need to include another 2 blocks which are still under construction. we brought the case to KPKT, and the judgement is JMC needs to call for EGM but they appeal to high court, now awaiting hearing..

Keep us update the progress then.
It will be beneficiary for future reference for others.

the above seems to be most ideal case to me.. self managed and the manager in ex chairman (which is also owner who care about the condo) , i love to have this kind of people to manage my condo.

to me tempered glass doors are much better than wooden fire door (luxury and can see thru people out there ). air conditioned lift lobby are nicer to have too.. , shut down one of the access (total 2) after midnight to tighten security /reduce dependent of guards is a good idea...hire lawyer to defaulters is good move since tribunal /COB are useless. somemore legal fee can recover from defaulters.. JMC need money urgently to upkeep the condo as most fund is merely enough to cover operating costs (base on 100% collection).. we all dont know how/when tribunal can help to collect the money,,maybe 5-10 years later?? (so far none of them ) i think the upkeep of the condo should not be too bad since they have done so many things...not easy to execute all these; some more they have the gut to appeal to KPKT!! this is an excellent JMC to me..

This post has been edited by lucerne: May 14 2016, 06:07 PM

I like your idea.

Wasted all my knowledge to help the community, appoint myself as Chairman lagi best and pay mself a big fat salary.

pls take note that the building manager can be sacked by JMC/MC if he cant perform．no committee can be in office for 3 consecutive years. no one can protect the manager if he cant perform.

if they manage the condo so good, ofcz no one will object to it but the fact is not...there are 4 phases completed, but new mid range apartment now is like low cost flat, dirty, door handle spoiled for more than 6mths no one care, many thing being vandalized but leave it like nobody business. if hire lawyer to collect MF urgently is to upkeep the building, then ok, but the fact is not.

the other side keep spending money like his grandpa's $$$...then when the account deficit ask to increase MF..

ofcz tempered glass door look more nicer but safety first. and before spend a huge amount, should get consent from owners who pay MF.

also, according to Act 757, there is a procedure to collect outstanding MF, no need to hire lawyer, there are many managers, 2 of them are father and son and also owners, their mom/wife is 1 of JMC...well, if managers don't want to do it, then get staff to do lah, they hire so many staff for what? furthermore, before they hire lawyer, did they send out reminder or even the statement?? No loh...

i also want to propose to hire me and my kid as manager to get few thousand per phase loh...the entire development has 6 phases leh...good income.

This post has been edited by gabby0140: May 20 2016, 10:01 AM

Questions on proxy for Management Corporation AGM where all the owners here has no arrears ...
Q1. If this parcel has more than one name (ie MrA, MrB and MrC), MrA has to use a proxy to choose MrC; MrB has to use a proxy to choose MrC. MrC can be nominated for MC; MrC can nominated another owner and MrC can vote.
Q2. If this parcel belongs to a Sdn Bhd company, this company can use the proxy to choose a MrsA. MrsA can be nominated for MC; MrsA can nominated another owner and MrsA can vote.
Q3. If this parcel belongs a single owner, the owner can use the proxy to choose a MrE. MrE can nominated another owner and MrE can vote.
Q4. Since 2015, the Power of Attorney is not longer applicable?

Please advise. Tq.

As far as I knew, (correct if I am wrong).

Q1. Yes. You need a signed proxy form for joint owned property for either owner.

Q2. Yes, as company is not a "person". Not possible for "Company" to attend the meeting.

Q3. Yes, proxy means represent the owner, except the proxy cannot be voted.

Q4. Not aware that the act got stated POA is not applicable.

@cherroy. Tq for the reply.

Q3. Based on your reply, what is the purpose of a person having a proxy attending an AGM, not entitle to nominated or vote?

Q4. Power of Attorney is never mention in this Strata Act 757 on AGM, only proxy. Therefore POA is not applicable for AGM.

Cheers.

Q3
Proxy can vote but not being voted.

POA is a even "stronger" document than proxy, as it is endorsed legally in high court.
So, I don't think we can straight away conclude POA has no validity to represent the original owner.

What action can be taken to the manager if the manager of the management office is shouting or being abusive to the resident?

Hi all.

My apologises for a question not relevant to this topic.

How much is a barrier gate system?

Tq.

Section 19, Schedule 2 of the SMA 2015 does not provide for subsequent delegation of authority by Proxy. i,e, as you put it "MR C can nominated (sic) "another owner" ...

Q1

Voting rights of co-proprietors


Q2
Proprietor's representative


Q3.
Powers of proxies


Q4.
Still valid, what makes you think it's not applicable? Even the SMA recognizes it.

Proxy

What action can be taken to the manager if the manager of the management office is shouting or being abusive to the resident?

I think your case is “unique”, I don’t think they will fire the manager even though you make a complaint.

I suggest you whip out your smart phone and start recording the incident, if he/she threaten you with bodily injury or death, you can report police.

Otherwise, just threat it as loud noise.

Hi all,

Silly question ... Proxy holders for an MC AGM, can these proxy holders nominated an owner for MC position?

Cheers.

the owner must give written consent to be nominated and elected by the proxy

2(7) Eligibility of management committee must be at least 21 years old:
(a)proprietor or co-proprietor of parcel (type 1);
(b)nominated for election by a proprietor of a parcel which is a company, society, statutory body or any other body (type 2); or
© is not a proprietor of a parcel but is a member of the immediate family of a proprietor who owns two or more parcels and is nominated for election by that proprietor. (Type 3)

2(8) Proxy CANNOT be committee member.

agreed the committee not more than 3 consecutive years. some condo has been abused by the committee and always think the condo is belong to their father or kingdom.
the committee also control the management office and always get them elected by collecting (illegally?) the proxy forms to support themself

what can we do if the committee still elect themself after 3 years? i asked COB and they cant give me the answer...
the committee also bring their own legal adviser (paid by the residents) during the AGM and always back their arguments. residents has no says when the lawyer said it is ok. they argued that the act is only effective after June 2015 so they can still be elected for another 2 terms.

it is similar to a president who already served many years made announcement that a president not allowed to serve office for more than 2 terms/years and he can still be elected for another 2 terms/years??

anyone has valid support documents to counter this?? eg cob, ministry, lawyer etc?

This post has been edited by lucerne: Jun 20 2016, 12:33 PM