Found something but I don't know whether KPKT is using the latest SPA with the update amendments but from the looks of it... it does come from HDA/SPA and possibily Strata Title Act... need to keep digging.

SPA Schedule H

the Developer may apply to the Controller for a certification in writing to deliver

assumed that i got my strata title when i buy my apartment does that mean i don need to sign absolute loan agreement with bank but I can proceed by charging my strata instead?

Can i ask two question here.

1.From the act 663 i still can see conflict of interest but cant found in 757 and also called to mpsj to verify.
Mpsj replied no longer act 663 and act 318.

So how we refer back to conflict of interest?

2. If management decided to closed the access system with unreasonable implemented and deny any owners if not follow.
do we have any act to refer and know owner right to entry own premies?.

Or we need to follow whatever implemented term?.

Its services apartment.

Thank you

1. Quote the section is act 663, maybe i can find the equivalent.

2. What is conflict of interest to you?

3. To answer no.2 question, u may have your owners right over unit. Your ignoring the fact that common areas fall under the care of the management. My next question would be how is it unreasonably implemented?

Thank for the reply.
Sorry again for misunderstood your reply just now.

Since we new to this act 757 and hopefully we are covered owner fund if there is any conflict of interest act or law to protecting owner.

Sorry the quote is here. Thank in advance.



For the access its about access card implemented with fee to renew the card and also forced to pay the admin fee, otherwise will deny any entry or even exit.

How can we refer to law or act to counter this?.
else i just stand outside of my apartment?
is there any law protection to enter my own premies?.

Thank you.

Maybe we need lawyer for this issue and i need to know which law or act i can refer to.

This post has been edited by Hunter_Ho: Jun 28 2015, 06:52 PM

Let me get myself straight here, am not a lawyer. I am a former jmb member, i am doing this out of interest and to expand my knowledge. If you feel that this matter is potentially litigations, you should seek professional advice.

Now am not judging you but from the way your responding, you throwing everything including the kitchen sink trying to defeat the management.

If in doubt...
If your Condo is currently managed by the developer than you should refer to the deed of mutual covenant.
If your Condo is now under the purview of a jmc or mc, you should refer to the by law.

Now if the amendment does not have provision in the by law to allow what it does now, then you may raise a query such action may not be allowed.

Likely then not your management will in the next meeting have it included in the by law. This is a common mistake.

Now to amend the by law is by no means an easy feat, you will require a special resolution to have it passed during an Agm or Egm.

I will quote the provisions later... Meanwhile break for dinner!

so, my condo which already have strata titles, can impose additional maintenance fee using existing rate for parking lot wef 1 June?

It is not about impose additional or not, but the calculation method is different as compared previous just using sqft of the unit without taking in car park and accessories parcel.

The calculation if unit share does include parking lot and accessories parcel (like locker room in gym room etc) based on unit share as stated in the strata title.

So if one has more car park than other unit, then expect to see addition maintenance charges as the unit share is more than others.

You still have the right to access into your own unit.

While the act give power to MC to impose rules and regulation through by law, that management has the right to impose fee on the access card and right to manage the common area.

Management cannot refuse you to have access card if you are owner, so the issue stopping owner to enter the premise is not exist to start with.

While if you refuse to pay the fee and no access card to enter the premise, then it is not management fault.

The right to impose fee is stated clearly.


I do not see contradiction of the act on the issue.

If really not satisfy the fee imposed, call an EGM to overthrow the current management committee and elect yourself become chairman or committee member, then abolish the fee.

Btw, I am not lawyer, just based on experience involved in JMB/MC.

This post has been edited by cherroy: Jun 28 2015, 09:33 PM

The disclosure issue quoted has nothing to do the issue raised in the access card mattter, it is about issue on committee making decision time during the meeting.

About the disclosure is related to other matter already happened with our jmc/mc.

But i want to know its replaced by act 757 or left out from act 663?.

Thank you

I can't take a partisan view on this issue.

I will advise you based on the facts you have presented and what I can sight in the Act 757 itself (which supersede Act 663).

Other than that, u will need to do your own research and fight your own battles.

I will write more when i get to office.

This post has been edited by aurora97: Jun 29 2015, 09:23 AM

Is strata title is a must then only can sell?
Let's say owner A just acquire VP of the newly completed condo
At this state the title should be master title rite?
If owner A want to sell, is it possible?
Buyer will buy with master title?
Thx

some basics:-

before the land is sub-divided, it is under a master title.

once sub-division occurs (meaning the master title is carved up into small parcels of land/unit), you will receive your strata title.

Now, you can sell your land at any time. Even when the condo is under-construction.

So presumably the buyer wants to buy the condo but land yet to be sub-divided. In this case, in order to secure the financing given, the bank will want the borrower to execute a "Deed of Assignment" in the interim pending issuance of strata title.

Thx

Wait for reply and thanks

Thank you.

This post has been edited by Hunter_Ho: Jun 29 2015, 09:39 AM

I respect your request to keep it private.

Nevertheless, I prefer issues to be addressed in forum.

This is to solicit other responses from various participants who are more knowledgeable compared to myself. Also, your issue is pretty common, in fact it even happened in my condominium. Unfortunately, we didn’t manage to put our chairman in jail that’s all, he managed to “ular” his way out.

Defamation can only happen, when you are start naming names, places and particulars that are “identifiable”, nothing precludes you from creating a hypothetical situation that ironically bear similar resemblance to what you r currently encountering. We just have to be creative in coming up with the story.

As for joining chat groups, whether its 24/7 or just ad hoc, I am involved in too many groups. If you have any questions, you can pose it in this forum instead. You will get almost instantaneous response from me or even better some other forumers can also participate and give you advice.

***

Now let me re-focus everyone to the following scenario, my situation as follows:-


***

1. Pre-amble:-
1.1 Please read this section before reading the body:-
1.1.1 you will need to read up the relevant section of the SMA before you engage further in this discussion.
1.1.2 consider how far you are willing to go, there’s no turning back once you commit. Remember you are not only fighting for the community but for your home as well. There will be A LOT of trips to the COB and police station, in worst case scenario you may need to employ a solicitor. It will take up your time and money.

1.2 Special note;-
1.2.1 Notwithstanding the words “Management Corporation” appearing in Schedule 2 of the SMA, section 22(2) of the SMA states that it applies to JMB as well.

2. Plan of attack:-

2.2 1st phase (“Readiness”)
2.2.1 things you will need to consider before you go into a battle:-
(a) is AGM just around the corner?
- if yes, forgo EGM. Too much hassle to get the 25%. There’s a lot of practical reasons why is say don’t go on this route. Example, he will say that each and every person in your petition is a fraud then you need to verify etc…
- unless you manage to persuade the Commission to force JMB under section 11(4) of Schedule 2.

(b) what’s your agenda?
- this will become motions in your EGM/AGM.

© what’s your plan of action to each of the agenda?
- each agenda must have an action.
Example:-
(i) if accounting is suspected to be irregular, commence an audit or if you have more money do forensic accounting (approx. 50K-100K per financial year, yes I know this from experience).
(ii) if management company is unsatisfactory, sack.
(iii) sack existing JMB committee, re-appoint new JMB committee.

Etc…

© do you have an interim committee?
- unless you don’t mind existing committee continue running the show. You better have someone in mind.

2.3 2nd phase (“Information is key”)
2.3.1 in order to build a case, you need to understand the following:-

2.3.1.1 Know your rights, what can you request from the JMB:-
(a) section 31 SMA

2.3.1.2 Financial Accounts
(a)duties and powers of a JMB (section 21(1) SMA)
(b) jmb body to establish maintenance account (s,23(1) SMA)
© Jmb body to establish sinking fund (s.24(1)SMA)
Note: Most common mistake of jmb (especially the naughty ones), they always pillage either item (b) or ©. Most likely ©.It’s a very serious offence as well (see s. 26(5) SMA)
(b) if they pillage the sinking fund, very likely they can’t comply with s.25 to 26 of the SMA.

2.3.1.2 By laws
(a) section 32 SMA
- amend and additional require special resolution (see section 32(3))
(b) section 32(5) SMA
- you can request a copy of the by law.
Note: by laws are like the constitution of a management body, it gives wide powers to the management to do a lot of things. However, most JMB’s I think do not realize that whatever they do (charge extra fees, implementing security requirements etc…) is required to document it in by laws and file with COB. This is also a point you can bang on.

2.3.1.3 Conflict of Interest
- I do not see any provisions.

2.3.1.4 Minutes of Meeting
- request for it to be published on notice board s7 of Schedule 2 SMA.
- if you can try and request COB to exercise their rights under s.7(11) of Schedule 2 SMA. Force the JMB to give up all it accounting and records, thereafter request a copy from COB to prepare your case.

2.3.1.5 Appointments.
You will all note I did not touch on appointment or people voted into office. It’s already in the past and it’s difficult to challenge their appointment because of s.8 of schedule2.

2.3.1.6 procedures for AGM/EGM
See 10 to23 of Schedule 2.
- this is where your Agenda will come into play.
- you must also prepare yourselves to convene a meeting.
- you may also be required to ensure that there are no phantom voters.

2.4 3rd phase (mobilization)
- once you have collated all the necessary information.
- you can choose the routes of attack:-
(a) AGM/EGM – very open and bloody.
(b) Court – very expensive.
© Tribunal – fresh from the oven
- for transparency sake and also to get the community involved, take option (a) followed by © and lastly if all things fail (b).

This post has been edited by aurora97: Jun 29 2015, 12:03 PM

If not satisfy what the JMB or MC had done, the always solution is over-throw the current committee member and elect the new one.

An EGM needed to be called after receive 25% or 1/3 (I forgot which) of the owner signing, and draft the resolution to elect new committee member.

One cannot say not satisfy what the JMB/MC had done, then refuse to pay any charges related to the building management.

Any not satisfying issue, raise it collectively during AGM/EGM.
And please attend to elect yourself into the management, to avoid any potential mis-management (if).

The problem a lot of time arised, when majority of owner reluctant to take part in the AGM/EGM and volunteer themselves into management team.

Most of the time, all this issue arise because of owners indifference towards their own property.

When I bought my property, 1 year after that there was talks of misappropriation of monies, mismanagement and cronyism etc… This only happen because ignorance of Act 663 (now superseded by Act 757) and no participation of owners during AGM/EGM or such other events held by the condominium.

The indifference is an opportunity for abuse, this allow the management to do whatever it pleases and by the time the wrong doing is discovered, the damage is done (example sinking fund depleted etc…)

As for whatever that is brought up by whoever, I sincerely believe have been done so in good faith and I won’t look into the ulterior motives of the party.

It’s no use crying over spilt milk now, best to address the issue at hand and pay an expensive lesson at that.

The new act does address the potential cronyism by limiting chairman term that cannot be more than 2 consecutive term and committee member 3 consecutive term.

There is a property I knew that nobody interested in joining JMB/MC, whereby the building management fail to elect enough committee member of min 3.