At a recent AGM for my condo, several Motions were on the Agenda, as submitted by the Committee.

None of these Motions appeared in the MC minutes immediately prior to the AGM. There was no Agenda agreed in these minutes, no Motions discussed, proposed, seconded, and voted on. And duly recorded.

For any individual owner to submit a motion the Committee requires a form to be completed, the motion to be stated, the owner to act as proposer, and the form signed.

For the Committee itself, nothing needed. It's out of the blue. No verification that it comes from the whole Committee with a quorum and not from the Chairman or Secretary acting on their own volition.

Any comments.

Thank You.

I appreciate the comments.

I have written to the Committee many times to point out irregularities. The chairman declared that he will not reply to letters he deems unsuitable.

The Committee meets every 2 months and does publish minutes. The last minutes stated :

"we should not be side-lined, remote controlled, lose focus, destabilised or disillusioned from persons who are hell bent on just sending in long emails/communications forms which are somewhat deemed a nuisance. When these type of letters are looked into, on many points, laws etc have been misinterpreted & twisted, things taken out of context to suit themselves ....

.... most committee members feel that if someone has nothing meaningful to say or can't help, they should refrain from sending in such letters, this comes across as "sour grapes" and deemed time wasting verging on harassment. We should not be brain washed by others who have not got the facts right and their only agenda is to create dis harmony."

This is wrong. Letters sent have been factual, quoted SMA 2013 (Act 757) when needed. They have also been civil. And they have all been ignored.

These minutes were put up on the condo noticeboards. The committee seems not to appreciate anyone referring to procedural errors or asking for details of maintenance contracts, disclosure of tender amount received, insurance provisions.

I guess most owners will be frightened off.

Thank you

This post has been edited by rwmgmc: Mar 2 2016, 09:55 PM

Many thanks. I will make a claim to the Tribunal.

Most of the ignored letters are 3 months old. As I posted, no replies.

What do you think about notifying the Committee of the intent to make a claim to the Tribunal out of fair play and civility, and to allow for any change of mind on replies ?

However, I don't want to appear to be making a threat along the lines of "you haven't replied, if you don't reply I'll go to the Tribunal."

Any thoughts ?

Thanks.

This post has been edited by rwmgmc: Mar 5 2016, 10:17 PM

SMA2013(Act 757)
SECOND SCHEDULE
Clause 7
Keeping of Records and Accounts of management corporation
(2) The Management Committee shall :
(a) cause a copy of the minutes of the meeting of the management committee, which is signed by the chairman of the meeting or the secretary, to be displayed on the noticeboard within twenty-one days after the meeting : and
(b) cause a copy of a minute of any resolution of the management committee, or of the management corporation passed in accordance with this Act to be displayed on the notice board within twenty-one days after it is passed.

The reason for (b) is that the Committee can pass a "flying resolution" without an announced formal meeting under Clause 9. Resolutions of the management committee in WRITING.

Thanks.

This post has been edited by rwmgmc: Mar 10 2016, 09:54 PM

SMA2013(Act 757)
SECOND SCHEDULE
Clause 5
Meetings and proceedings of the management committee
(3) Notice of every meeting shall be given to all members of the management committee not less than seven days before the date appointed for the meeting and such notice shall be displayed on the notice board of the management corporation.


Thanks.

This post has been edited by rwmgmc: Mar 10 2016, 09:40 PM

Only 1 proxy per attending owner is allowed under SMA2013(ACT 757)

So, an owner sent around a handout requesting proxies with the seeming intention of collecting signed proxies and then handing them out to supporters.

Something like "sign your proxy form and pass to me and I'll make sure it's handed over to a fellow supporter to vote with."

The handout contained a unknown name at the bottom of the handout but with an email that led to a known owner. It was traceable. And can be held to account.

I wrote a letter to the COB about this "SOLICITING FOR PROXIES" and have yet to receive any reply.

If I do get a reply I'll let this thread know.

Thanks.

This post has been edited by rwmgmc: Mar 10 2016, 09:56 PM

Many thanks Sam Sam for the advice on "letters."

I'll draft a reply to give the MC 14 days to respond to my letters. I'll let them know that further action will be taken but I will not say what action.

hi,

I asked the same question in the office of the COB at Penang Komtar. The reply was 'before.'