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

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.

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 ?

My condo after 2 years only ngam ngam passed the 25% mark ... anyway ... getting over 25% strata title needs a concerted effort from each of the owners ... some owners do not have the tens of thousands to do MOT for strata title ....