This is setback of the Strata Title Unit. It was spelled out clearly in the Deed of Mutual Convenant that you signed, there is nothing much you can do.

Need some help :-)

1 - in last AGM, JMB increase maintenance fees by 18%. They prepare some budget on the screen to show that money is not enough, so that is a need to increase maintenance fees. But i found that some number show in their budget is not correct, they purposely put big amount. But they not allow me to ask, reject to share these budget even after AGM. I guess they will repeat this again in next AGM, what can I do?

2 - JMB/management would like to install something, and ask for extra 1k from every unit. We must pay for it, or we can refuse? Because I read somewhere said except maintenance fees and sinking fund, we can refuse to pay for anything else.

Thanks

i'd suggest you round up as many owners as possible to elect some owners into the JMB to oversee the accounts; the regular monthly minutes of meetings must also be posted on the noticeboard; inspect the audited accounts

new equipment/asset shd be from sinking fund unless insufficient, then JMB shd seek EAGM special approval ; if not, complain to COB

Actually I joined JMB for few years. The admin staff make the account become very confuse, e.g. she pay monthly bill in random sequence Apr -> Jun -> Jul -> Feb -> Jan. And lum sum many items into one category. When I ask for more detail in JMB meeting, they just ignore.

Sinking fund is enough for this project, but they said sinking fund reserve for future, and ask for extra payment. As usual, not many people attend AGM, so their proposal might get enough vote to approve. So I want to know, we must pay or not.

if its approved, then have to pay; is the chairman an owner or developer? are services outsourced to mgmt property company?

mgmt property companies are really blood suckers

Guys, would it be possible to remove all of the JMC members? Some owners are unhappy that they make decision without consulting the rest of the owners, but others claimed JMC has the rights to make decisions pertaining to issues related to the condo.
Any advise?

Hi, need some advice here too, is a Carpark that was stated as an "accessory parcel" in the SnP also considered common property?

my friend lived in a strata apartment, and his parking is on the same floor as his unit, so there's no need to use the elevator.

but in order to go to his unit from his carpark, he needs to go through the elevator section that has a door that needs to be scan before he can access. (Similar design like those in some malls)

meaning that if he or any other owner accidentally left their access card, or the card was deactivated, they cannot enter their unit from the carpark.

my question is, is that normal? not sure how will they get in since the stairs also need the card, unless ask the guard to help.

but what about those who are behind the fees and need some time to pay, need to ask the guard every time?

hope someone can share their exp or maybe heard from somewhere on similar cases.

1. If majority who vote during AGM agree for the increase then they can increase, but the decision must be made in AGM. i think they must provide minute of meeting to owner / put up on notice board.

2. JMB can only collect Maintenance Fee, Sinking Fund (S 52. Act 757), late charges (s60,61), fire insurance charges, charges specific to unit liable for damage to unit or common area(ie: owner damaging common facility the owner must bear the cost for repair), & charges that's stipulated in the houserule(ie: fine for wrong parking, sewa facilities). Other than that, they cannot collect.

accesory parcel is not common property, but the walkway to accessory parcel can be common property. if the property use access card, then the owner must have access card at all time lor. and yes, management can block access card usage if behind in fees. they however can't deny access outright, means, they can't outright hold you from entering/exiting your property ie: need to ask guard everytime. if don't want to ask guard, then makesure pay all the fees la.

thanks, the property was fairly new actually and the doors haven't been magnetic locked yet, only need to use the card at the gate for now.

my friend and I were only wondering the 'what if' when all the access doors had been activated later, been browsing through the Internet and found some conflicting or rather vague statement/explanation, so asking around, even the management people there also not sure, though haven't ask their HQ yet la.

hi, there is a bird waste issue for my apartment where the pigeon waste issue is at my neighbor's air cond ledge. This issue has impacted my staying in my apartment, where the weird smell, the window view, the bird feather and also pigeon waste on my window due to this, i cant open my window. I have made complaint to management, but the management said the air cond ledge is category as accessory parcel of the main parcel, it is not their responsibility to solve this issue, then suggest me to go and ask by myself with my neighbor to clean it. I cant understand this, although it is responsible of owner itself to clean the air cond ledge, but the bird waste issue has become worst until most of the levels also got this bird waste and the bird waste has extended to body of the building. With reasons of affected my staying at apartment, bird waste not only at air cond ledge but extended to body of the building and multiple levels of the air cond ledge have this issue enough for management to take action? Anyone having the same issue? how to solve this issue? If can i dont want to personally go and approach the neighbor for this issue, or else it will become yearly job for me to deal with, and that unit is a airbnb, always different ppl staying there and i dont think the owner care of this issue, as it has been there more than a years already.

1. Developer informed all proprietors/owners that Strata Titles for property had been issued. However, all owners had not done MOT yet.

Pursuant to Section 46(5) and 57 of the Strata Management Act 757 :
“a) Vacant possession of a parcel in a building or land proposed to be subdivided
has been handed over by the developer to the Buyer: and
b) A management corporation exists under the provisions of the Strata Titles Act 1985.

2. Developer don’t know use what trick formed a Management Corporation (MC) without owners knowledge and written to Commisioner of Building (COB) to defer 1st AGM which must be held 1 year after Vacant Possession.

3. COB replied to confirm MC had been registered with the name ‘Perbadanan Pengurusan XXX’ on the date xxx with the number xxx. (Not sure why COB allowed such registration without JMB/MC AGM minutes of meeting).

4. COB also replied under

Seksyen 17(5)(a) Akta Pengurusan Strata 2013 (Akta 757) yang menjelaskan bahawa ‘Jika perbadanan pengurusan wujud sebelum mesyuarat agung tahunan pertama bagi badan pengurusan bersama yang dinyatakan dalam subseksyen (1) diadakan, mesyuarat agung tahunan pertama itu tidak dikehendaki untuk diadakan dan tiada badan pengurusan bersama hendaklah ditubuhkan bagi kawasan pemajuan itu’. Oleh hal demikian tiada keperluan bagi kawasan pemajuan Residensi XXX untuk menubuhkan JMB.

5. COB replied

Oleh hal demikian, hal ehwal pengurusan dan penyelenggaraan kawasan pemajuan Residensi XXX hendaklah diurus oleh pihak pemaju sehinggalah terdapat pindah milik hak milik strata didaftarkan di Pejabat Tanah dan Galian yang bilangan unit syernya itu sekurang-kurangnya satu perempat daripada jumlah agregat syer unit.


This Memo and letter were done on June 2022 but was not circulated to the residents.

We residents were asking for an AGM but the Management Office (MO) or Developer refused to convene because they claimed that minimum 25% MOT was not executed yet. They had done a loophole by creating a MC without any residents and block the creation of JMB (by the letter from COB point 4)

How we are able to pressure for an AGM because until now there is no accountability on the accounts and management of the buildings.

Thank you in advance for a good advice.

This post has been edited by kelvin_ck1: Jul 5 2023, 11:31 AM

Anyone ever encounter issue with tree overgrown above the heights of the strata title house and causing issue such as clogged gutter and leakage? Is there any written law that the management office need to prune it if the tree poses issue to house owner? Any government bodies that i can complain on this, so far i had found COB and Strata Tribunal but which one should i approach?

I had already approached management and the community chairperson since 2019 but no solid solution are given by them. What is the next step to take to solve such issue. I hope i can get any advise from the expert here, thanks

This is the scenario:

Developer marketing materials: 1,200 sqft
Management office records of unit size: 1,200 sqft

Strata title unit size: 1,130 sqft (105 m2)
Strata title accessory parcel = carpark parcel

Jupem drawing unit size: 1,130 sqft (105m2)
Jupem drawing accessory parcel size (carpark) = 130 sqft (12m2)

In the official Jupem drawings, there is NO A/C Ledge! This appears to be the discrepancy between the developer marketing materials and the Strata Title unit size.

What does this mean? I bought the unit under the impression it was 1,200 sqft, in the future it can only be sold as 1,130 sqft, no?

Note: My A/C Ledge is accessible via the balcony. Got a small door can open. See floor plan below:



This post has been edited by contestchris: Aug 22 2023, 10:47 AM

I guess that means Developer's brochure is for illustration purpose only.
Probably can do a civil suit against the developer with the rest of the owners.

based on the picture you attached, the aircond ledge is part of your parcel, therefore, not additional accessory parcel.

Yes, you can bring this to court because of false marketing.

Hi Guys,

The 1st AGM for my condo has just concluded and the owners had gained back control of the Management Corporation.
Straight to the question.
What is the best strategy to get Developer to pay back what is owed to the Management Corporation (see attached) ??

If you want to know more of how we managed to pressure Developer to organise the 1st AGM then continue reading.
It all started with me contacting my friend in DBKL to confirm that we had exceeded 25% MOT strata title owner.
After that, adviced to complaint to COB with a formal letter stating Developer refused to organise the 1st AGM even we had exceeded 25%.
And lo behold, our Management Office publish a notice for the 1st AGM in a month time.
Timeline is close to 2 months from the last message in this forum.
Another note, please get DBKL mobile number if can as the there were no one to pick up if you were to call the general line.
I was lucky as my friend gave one of the mobile contact in the COB's office.

If the amount so huge, better the MC engage a lawyer for advice & legal opinion and proceed from there.

You have to share with us why the amount owing so huge, and Note 4

Not advisable to do winding up proceedings against the developer, will end up all the strata owners hate you because haven't transfer all the strata titles to its respective owners.

Lawyer will help you do either freeze their bank account or assets

Refer to your original SPA with developer and how many square footage written in there?

Ok noted that to engage lawyer for advice & legal opinion.

The MO said in AGM it was deposit for the bulk meters which the developer had advanced. The due is the excess which the developer had not returned the excess to the MC for already 2 years. Note 4 is just the name of the developer 'xxx Sdn. Bhd.'

Ok noted for this option of action from the lawyer.

Thanks so much.

Any other advice from the intellectual people of lyn ?