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 Strata act 757

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llboon
post Sep 30 2015, 12:17 AM

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Hi all d taiko/sifu,

An AGM was conducted on 4/9/2015, there are disputes of d eligibility of 3 reelected council who has hold d post since 2012,2013 n 2014. Under d act 757 second schedule clause 6, clearly stated that no member shall hold d post of council member for more than 3 consecutive term.

I hv contacted KPKT Pn Sandra n Pn Norissan (Legal Advisor) last week, both of them agreed that 3 of d reelected councils member are not qualify to hold d post this year. However, today when i call again to request a clarification via email, another official Pn Siti Firdous give me totally opposing answer, she said since d act was implemented this year, so the "3 consecutive term" shall interpreted as start from 2015 as 1st year. I fell surprised n shocked when both officials from same authority provided such opposing interpretation, therefore i hope any sifu here to assist me in any way. The AGM Chairman has called for an meeting on 1/10/2015 morning 11am to concluded the pending dispute, therefore i really appreciate your help.

Thanks in advance.
llboon
post Sep 30 2015, 12:20 AM

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@Eng_Tat @Cherroy pls kindly advice, thks
llboon
post Sep 30 2015, 09:03 AM

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Cherroy, thks for d reply. I hv 3 more questions hope to hear your opinions :
Question 1, is d strata title act 318/663/757 allow any waiver of service charge and maintenance fees for any parcel owner, especially the biggest share units owner occupied 50% of commercial building area (supermarket) ?

Question 2, is d strata title act 318/663/757 allow any parcel owner to pay nominal feess of service charge and sinking fund, e.g. pay nominal sinking fund RM100/month instead of RM 40k/month so long that parcel used for car park n do not collect parking fees ?

Question 3, does the above mentioned owner in Q1 n Q2 has voting right during AGM wgen poll was requested by them. If the answer is yes, does their vote carry the same weight as others parcel owner who has contributed100% of fees charged ?

Hope to hear from u or others experience council member. Thks

 

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