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 Strata act 757

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kyShan
post Jul 9 2015, 08:26 PM

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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
kyShan
post Jul 10 2015, 11:03 AM

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Ya, this is the real situation and we're being attack not only from MA, also from the ex-chairman. We're planning to apply for Persatuan Penduduk of our apartment. But before we could do so, he already started to prepare the set up together with our maintenance worker. Therefor, we are suspected they are using the worker to create a havoc here in order to control us. The maintenance guy is also a resident here and behave like a king. During his working hour, he is driving taxi to fetch customer. We reflect this to MA before but he didn't take any action. We also found out MA increased his salary by 32% just before our AGM in May.
kyShan
post Jul 13 2015, 06:49 PM

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Thank you for your advise. I'll bring it to discuss with my fellow members for what to do next. Your help is much appreciate. Thanks again!
kyShan
post Jul 30 2015, 03:32 AM

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aurora97, I must thank you you again for the advises. It’s work fine with us. We are now under a very painful transition exercise, various problems arise. Because we are transforming from Nothing (in black & white) to everything (in black & white).

Just to update:
1)our MA was tender his resignation verbally early of this month by giving reason: in order to maintain good relationship with JMB in future(But yet to receive his Resignation letter)
2)We already given termination notice to the maintenance guy until end of July. However, he is making big fuss now.
3)We are in the midst to prepare house rules, SOP, contracts and any other necessary documents
4)An EGM will be called by JMB in order to revise maintenance fee and announcing of property upgrading program.

Questions:
1)“Maintenance fee will be based on "Share Unit' instead of square feet of the unit itself.” - is it this only refer to those property which already get their strata titles?
2)Refer to Act 757, Chapter 4, section 56(4): JMB has the right to determine the maintenance fee at AGM/EGM - is it any limitation? or we can propose any amount as long as Resident voted agree?
3)For sinking fund, is it necessary to open a separate banking account from maintenance fee account?
4)Should we sent over every minutes meeting to COB for filling? Or only EGM’s minutes of meeting?
5)Can you advise for procedure calling of EGM?
6)Is it necessary to invite COB attend to our EGM?
7)For recovery, SMA is superceded Act 663, but COB still advise us to follow section 34, Building and common property act and COB will issue notice to unit owner to pay (s33,BCPA). Is it workable?
8)Referring to your recovery step no.2, only notice+14 days then we can take action against the stubborn owner. However, may I know what will happened after we file the recovery claim with tribunal? Is it tribunal will issue the owner a notice to remit payment immediately or a notice to attend tribunal hearing? I can’t search the location of tribunal, is it set up already?
9)For strata titles, we found out developer has been submitted application in 2012. Can you advise step-by-step on how to push developer to expedite? For your info, our developer is notorious in property.

Thank you.
kyShan
post Jul 30 2015, 06:19 PM

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For question no.8, I've found the answer in Strata Management (Strata Management Tribunal) Regulations 2015. However, still not sure about location of tribunal.
Some more, we need to pay RM100 for the form 1, which I think is a burden to JMB. is it got better recovery procedure with lesser cost?

One more thing I need to check, is Act 757 Strata Management is the same with Strata Management (Maintenance and Management) Regulations 2015?

Thank you in advance

 

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