Property background:
comprises 1 block of Medium-low cost apartment and 1 block of low cost apartment, total unit 300+. Master title. First JMB was formed in 2013, however the meeting was under control of developer despite Pengarah COB was attend. We are one of those unfortunate that started the JMB with zero fund. Even though developer promised to fix genset and fire system, however, nobody follow up on that since 2013 and currently all unusable. All the JMB committee members previously was illiteracy. Around 1/2 year later after JMB formed, left only chairman actively involved and a management agent was appointed without residents knowledge (Recently only found out the management agent involved in a case of dishonesty in year 2013). Our property are poorly managed, despite located at a strategic location, value of property only 40% increased compare to original price. He is handling our property unprofessionally, No record for resident’s complaint, No record for maintenance and repair, No house rules, no EGM (even though implemented few projects above RM2k+ and installation CCTV cost around RM13k), No notices to residents, No publish of financial status, No contract between JMB and security company (and probably managing agent), No employment letter between JMB and clerk & cleaners, no job scope, no.....
An AGM was held in middle of May this year. In a messy situation, 8 person was nominated (one was the ex-chairman) and 6 out of 8 was elected by residents as AJK (I was one of them). One AJK resigned immediately after AGM and recommended the ex-chairman to join JMB. We strongly opposed despite the managing agent tried to persuade us to accept him in. We instructed managing agent(MA) to prepare necessary documents to COB for application of AJK confirmation. Below is the chronological order of process:
28th May - submission of all necessary personal details to MA
4th June - No submission to COB as MA claimed he was sick. Promised to submit COB by next day
11th June - No submission to COB as some documents are yet signed by chairman. MA Promised to submit it by Monday.
18th June - submitted to COB but no attached of S&P. However, MA told all AJK name is registered with COB already.
26th June - without knowledge of MA, we personally dropped by COB to check registration status . Surprisingly, documents submitted is incomplete and MA not even fill in the checklist of COB!!! Application is not process yet.
2nd July - Without MA knowledge again, we submitted all required documents and checklist to COB.
6th July - COB finally issued confirmation letter (MA still in dark)
7th July - Proceed to Bank for change of signatories (MA knew it don’t know from where, call the Chairman and express his unhappiness)
As a result from that, we found out that our MA is planning something secretly and try to make us kelam kabut. We’re zero knowledge in JMB management and feeling so helpless. So, I would like to seek advise from this forum.
Question:
1) Should we terminate the MA at this crucial moment? we are zero knowledge in JMB.
2) All the while, MA manage the property on his favor, no house rules applied. Is it right on regulation that a JMB with no house rules enforced?
3) All the invoices, statements, quotation and letters is safekeeping by MA and not in our JMB’s office. We have to write in to request access of documents. Is it the standard procedure?
4) is it necessary to engage an MA? We're running low maintenance fund
5) any recommendation for good MA company? (Pls PM)
6) Is it ok if no contract bonded with security company and contractors?
7) is it ok if no employment letter for workers? EPF and socso is paid to clerk only
8) We intended to sack the maintenance worker and cleaners. Because the maintenance worker is a person who declared bankrupt and he was being accused involved in few cars break-in/stolen and our JMB office break-in too (yet no proof). Three cleaners are illegal worker with no permit and passport. However, MA claimed they was employed by ex-chairman and not allowed us to sack them. Is it right?
9) is it cost wisely if we intended to employ a hygiene company for apartment cleanliness?
10) In the first meeting of JMB formed in 2013, developer claimed there's about RM1 million+ losses as per management account. Therefore, Pengarah COB instructed must start with zero and no liability to be carried forward to the JMB. At that moment, there's a balance of RM300k+ in sinking fund account. Is it we still have the right to claim it back?
11) Regarding Strata Title, how we gonna to start in order to push developer to apply from Jabatan Tanah? As in S&P, we have paid the fee to developer for strata title application.
12) We would like to apply for Tabung Penyenggaraan 1Malaysia as we lack of fund to install barrier system and access card, CCTV, painting, fencing and purchase water pump. Is the application process will be complicated?
Thanks in advance and sorry for the long-winded of story
Strata act 757
Jul 9 2015, 08:26 PM
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