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 Strata act 757

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TScherroy
post Jun 20 2016, 05:00 PM

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QUOTE(lucerne @ Jun 20 2016, 12:10 PM)
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 argument actually has some ground.

The newly enacted rules or strata act on not more than 3 terms only can be effected after it is gazetted which is last year or so, so whatever previously happened before the law exist doesn't count.

When 2014 has no such a strata title act, how can the issue of 2014 (being appointed as committee) being brought up on 2016 saying it violates the strata act that started 2015?
It doesn't make sense.


earthcrystal
post Jun 21 2016, 10:04 AM

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Mrs.ABC is the owner of a unit in an Apartment with arrears and her husband Mr.67 has a PA (Power of Attorney) from his wife Mrs.ABC.

At a MC AGM, Mr.67 stated that he has a PA and Mr.67 can be elected as a committee member in the MC. Is that correct?

IMHO. In the MC AGM 2016; Mr.67 with a PA can apply as a proxy holder. Mr.67 has NO rights to become part of MC because he is not the owner (his name is not in the S&P or strata title). Mrs.67 has the rights to voice out in the MC AGM, nominated and votes. Is this correct.

Thank you.
ycs
post Jun 21 2016, 08:16 PM

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QUOTE(earthcrystal @ Jun 21 2016, 10:04 AM)
Mrs.ABC is the owner of a unit in an Apartment with arrears and her husband Mr.67 has a PA (Power of Attorney) from his wife Mrs.ABC.

At a MC AGM, Mr.67 stated that he has a PA and Mr.67 can be elected as a committee member in the MC. Is that correct?

IMHO. In the MC AGM 2016; Mr.67 with a PA can apply as a proxy holder. Mr.67 has NO rights to become part of MC because he is not the owner (his name is not in the S&P or strata title). Mrs.67 has the rights to voice out in the MC AGM, nominated and votes. Is this correct.

Thank you.
*
if in arrears, owner cannot vote but can attend AGM as observer only or proxy can attend but still cannot vote

any committee member MUST be an owner without any arrears at time of AGM
sam sam
post Jun 21 2016, 08:41 PM

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QUOTE(ycs @ Jun 21 2016, 08:16 PM)
if in arrears, owner cannot vote but can attend AGM as observer only or proxy can attend but still cannot vote

any committee member MUST be an owner without any arrears at time of AGM
*
It's a proprietor not owner. Substantial difference if it's for MC

earthcrystal
post Jun 22 2016, 07:13 PM

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@sam sam
Is there a difference between a proprietor and an owner? I thought both means their name is in the S&P and Strata Title of the unit to qualify for a position in MC if there is NO arrears.

@ycs.
If the owner has no arrears and gave a proxy to Mr.123 to attend in AGM MC. What rights has Mr.123 as a proxy holder in the AGM MC i.e. Mr.123 can nominate, vote, ask questions and cannot be in MC?

A person (who is not a proprietor or an owner) with PA of the unit who has no arrears, is this person with PA can be nominated as a NEW committee member in the AGM MC?

Thank you.
sam sam
post Jun 22 2016, 07:29 PM

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Properietor is define when the name of the owner is registered in the strata roll of the MC. That means they need their names in strata title.
Some owners are known to have bought the unit but have not registered their names in the strata roll. This does not allow them to participate in the egm/agm proceedings of the MC. They don't even need to be send the notice of an Agm.

The rule is clear on committee member even with a PA from high courts they can't be committee member unless they have a direct relationship with proprietor with 2 or more units.
Rule is proprietor only for committee member only

This post has been edited by sam sam: Jun 22 2016, 07:33 PM
earthcrystal
post Jun 22 2016, 08:02 PM

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@sam sam

A good explanation of the use of the word "proprietor". I understand now.

The person who has a PA is the husband of the proprietor. The proprietor has only one unit in this Apartment. In the MC AGM, the person who has a PA insisted that he can be a committee member. I was informed that there was an amendment on Act 757 Strata Management Act 2013 to ONLY permit the name(s) on the strata title of a non-company owned unit to be eligible as a committee member in the MC.

The person who has a PA is also a staff of the developer. I believe that is a conflict of interest. Using the resources of lawyer of the company, the person with PA has an advantage of manipulating the Act 757 to his personal advantage and gain.
earthcrystal
post Jun 22 2016, 08:05 PM

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@sam sam

If the owner has no arrears and gave a proxy to me to attend in AGM MC. I know that I can be a committe member in the MC. What rights do I have as a proxy holder in the AGM MC? Can I nominate, can I vote, can I ask questions or I am just an observer?

Tq.
sam sam
post Jun 22 2016, 09:31 PM

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QUOTE(earthcrystal @ Jun 22 2016, 08:05 PM)
@sam sam

If the owner has no arrears and gave a proxy to me to attend in AGM MC. I know that I can be a committe member in the MC. What rights do I have as a proxy holder in the AGM MC? Can I nominate, can I vote, can I ask questions or I am just an observer?

Tq.
*
You can do everything a proprietor can do except be a committee member. So go and ask what u want, vote and nominate
ycs
post Jun 23 2016, 12:00 AM

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QUOTE(sam sam @ Jun 22 2016, 07:29 PM)
Properietor is define when the name of the owner is registered in the strata roll of the MC. That means they need their names in strata title.
Some owners are known to have bought the unit but have not registered their names in the strata roll. This does not allow them to participate in the egm/agm proceedings of the MC. They don't even need to be send the notice of an Agm.

The rule is clear on committee member even with a PA from high courts they can't be committee member unless they have a direct relationship with proprietor with 2 or more units.
Rule is proprietor only for committee member only
*
curious, under what circumstances will a buyer not transfer his name on to the strata title and also inform the MO that he is the new owner so that all outstanding fees, if any, will be settled by previous owner?

btw, is 'proprietor' defined in the Act?
TScherroy
post Jun 23 2016, 10:53 AM

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QUOTE(ycs @ Jun 23 2016, 12:00 AM)
curious, under what circumstances will a buyer not transfer his name on to the strata title and also inform the MO that he is the new owner so that all outstanding fees, if any, will be settled by previous owner?

btw, is 'proprietor' defined in the Act?
*
From experience, there are plenty of owners didn't get the strata title issue done, particularly those who bought from the developer,

1. Due to ignorance.
2. Want to save stamp duty and lawyer fee which easily beyond 5 figure, (depended on the price of property), especially those intend to sell the property soon.

nookie188
post Jun 23 2016, 01:18 PM

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QUOTE(cherroy @ Jun 23 2016, 10:53 AM)
From experience, there are plenty of owners didn't get the strata title issue done, particularly those who bought from the developer,

1. Due to ignorance.
2. Want to save stamp duty and lawyer fee which easily beyond 5 figure, (depended on the price of property), especially those intend to sell the property soon.
*
some developers don't allow direct transfer from owner to buyer... maybe
if do later once its confirmed sold and during the completion process the owner save on some lawyer fees? and who has to pay for stamp duty then?owner or buyer?
earthcrystal
post Jun 23 2016, 01:36 PM

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@ycs

The buyer's lawyer will request these documents from the seller ...
R1. A copy of your Sale of Purchase agreement.
R2. A copy of the strata title.
R3. A copy of MyKad (front and back)
R4. A copy of the latest cukai pintu (DBKL)

The buyer's lawyer will ask these questions from the seller ...
Q1. Is the loan to this unit fully paid?
Q2. Any outstanding of maintenance fee etc (the seller lawyer will the Management Office to a get letter of release) on this unit.
Q3. A copy of the latest TNB bill.
Q4. A copy of the latest Syabas bill unless it is pay to the Management Office.
Q5. A copy of the latest Indah Water bill.

Cheers.

This post has been edited by earthcrystal: Jun 23 2016, 01:37 PM
earthcrystal
post Jun 25 2016, 12:23 PM

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Hi all,

After MC AGM is completed, a period of 28 days is imposed to send a copy of MC AGM minutes (which included the list of new elected MC and SOA).

Is DBKL going to give a letter to show that DBKL accept the AGM and with this DBKL letter, the new elected MC will go to the bank to change the owners name and cheque book signatories?

Is this correct? Tq
sam sam
post Jun 25 2016, 08:25 PM

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QUOTE(earthcrystal @ Jun 25 2016, 12:23 PM)
Hi all,

After MC AGM is completed, a period of 28 days is imposed to send a copy of MC AGM minutes (which included the list of new elected MC and SOA).

Is DBKL going to give a letter to show that DBKL accept the AGM and with this DBKL letter, the new elected MC will go to the bank to change the owners name and cheque book signatories?

Is this correct? Tq
*
No cob will chop receive the minutes and then the commitee will take the minutes to the bank and a formal letter to change
the relevant paperwork
The bank would call cob to verify. I was told by the bank for this

This post has been edited by sam sam: Jun 25 2016, 08:25 PM
earthcrystal
post Jul 5 2016, 01:01 PM

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@sam sam.
Thank you. So the newly elected MC will bring the chopped (by COB) AGM minutes and the new elected MC formal letter to the bank to make the necessary changes.


If no action taken by the newly elected MC to bring the minutes to COB after 28 days have passed, what will happen?

Can a complaint be filed to COB by the proprietor to request for a new AGM?
Can a new AGM be held?

Cheers.

sam sam
post Jul 5 2016, 01:21 PM

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QUOTE(earthcrystal @ Jul 5 2016, 01:01 PM)
@sam sam.
Thank you. So the newly elected MC will bring the chopped (by COB) AGM minutes and the new elected MC formal letter to the bank to make the necessary changes.
If no action taken by the newly elected MC to bring the minutes to COB after 28 days have passed, what will happen?

Can a complaint be filed to COB by the proprietor to request for a new AGM?
Can a new AGM be held?

Cheers.
*
A complaint can be made but I don't think a new agm can be called unless there was issues during the agm
266K
post Jul 21 2016, 10:35 AM

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Thx TS super like, this is very infomative rclxms.gif

Just booked a condo unit...need all knowledge I can get.. now staying on landed.. biggrin.gif

Keep it up.. thumbup.gif

This post has been edited by 266K: Jul 21 2016, 04:51 PM
earthcrystal
post Jul 26 2016, 07:16 PM

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@266K

Your commitment to this unit until you sold it ...
- I believed you are aware that you going to pay monthly maintenance.
- I believed you are aware that you going to pay an annual payment for Quit rent, fire insurance and sinking fund.
- I believed you are aware that you will receive SOA from MO (Management Office) irrespective it is under JMB or MC to let you know the current situation of the finance.

Cheers.
266K
post Jul 27 2016, 07:55 AM

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QUOTE(earthcrystal @ Jul 26 2016, 07:16 PM)
@266K

Your commitment to this unit until you sold it ...
- I believed you are aware that you going to pay monthly maintenance.
- I believed you are aware that you going to pay an annual payment for Quit rent, fire insurance and sinking fund.
- I believed you are aware that you will receive SOA from MO (Management Office) irrespective it is under JMB or MC to let you know the current situation of the finance.

Cheers.
*
sure, my house got ready buyer soon as I announced my intention of moving to condo..

having not constantly look out for suspicious stranger each time open the gate is priceless icon_rolleyes.gif

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