Would like to inquire for sinking fund usage do the committee require AGM or EGM approval to use the funds can't find it in th act. It says to be used for certain items only.

Thanks

Just look up strata tribunal procedures. It's on the national gazette as ancillary documents for the 757

The tribunal is open for business. They are in putrajaya.

File there only cost rm100 to file
Once u do that should help with your problem

From there the committee will recognise u

First and foremost I have no legal training and have no experience at the tribunal as such my opinions may not proper and I will not be responsible for them

I would suggest if u can to talk to a lit lawyer to get some idea for best results.

The tribunal from a layman perspective is some ways similar to a standard litt case in a court of law. it has statement of claim defense, discoveries and etc. As such treat as like it's almost like court of law. You can apply for declaration that meeting invalid if clauses are not follow with reference to the act for example.

Keep your posted letters. It should be part of your statement of claim. Ie. I posted my said letter dated with date to the management office and till this date no response. Do for all.

On replying. It would be up to u. Tell them about it loses the element of surprise if u have not send a letter of demand. It may be good to phrase a letter of demand with a further action if it's not replied. Why tell them tribunal. Because if it's further action u may have option of cob, court of law or tribunal. Nicer to have more bullets in the chamber. Further it keeps them guessing which route you are taking.

Also I would recommend paying rm50 send in a request for accounts and all the documents you are entitled to in the act. Read up the main part of 757 it details there. If they don't reply to u then more ammo for your statement of claim.

Their statement of not entertaining stupid request can work in your favour in the tribunal. You want to establish why they don't reply and you can plead on this why there is no response. Keep the minutes or request a copy for it. If no response do the cob route for this

This post has been edited by sam sam: Mar 6 2016, 06:32 AM

New rules require notice of meeting to be place on the condominium notice board and for a of minimum 7 days

After that 21 days minutes have to be on notice board

Dont forget to send them by either registered, ar mail or certificate of posting as proof u send them

The MC can disconnect the water whether this is in accordance with the act is another matter.
a better way to address this would be to read up on the act on what can the MC can do in regards to non payment. The act clear states what is the method to collection on default of the fees.


From my reading there is nothing mention about of disconnection of water as one of the methods of collection. Also there are judgments against the JMB/MC what this happens I believe for damages.

If the acts says no and the act is the highest governing issue in this matter in which committee meeting, agm and house rules decisions should be made in compliance to this.

If u maintain a lawful view on this then there is not much other way to go around it.

By the way for chairman it's 2 conservative terms not 3 years.
3 years is for committee member

This post has been edited by sam sam: May 5 2016, 05:58 PM

He or she could wait it out for one term to try

There is one grey area that may be possible
Is to get somebody to be a committee member during the agm and half way resign. the committee then can appoint a new member to replace the resign committee member

The key word is consecutive years and terms. Again not a straight forward but a rather grey area. And there is no guarantee the committee the committee can appoint back the chairman

You can try

This way will be hit the grey area where u can't be committee member more than 3 years consecutive.

Considering in agm it's appointment of committee member and then among themselves they elect office bearers. So I would argue this is illegal because could not be appointed as committee member in the first place

the owner must give written consent to be nominated and elected by the proxy

It's a proprietor not owner. Substantial difference if it's for MC

Properietor is define when the name of the owner is registered in the strata roll of the MC. That means they need their names in strata title.
Some owners are known to have bought the unit but have not registered their names in the strata roll. This does not allow them to participate in the egm/agm proceedings of the MC. They don't even need to be send the notice of an Agm.

The rule is clear on committee member even with a PA from high courts they can't be committee member unless they have a direct relationship with proprietor with 2 or more units.
Rule is proprietor only for committee member only

This post has been edited by sam sam: Jun 22 2016, 07:33 PM

You can do everything a proprietor can do except be a committee member. So go and ask what u want, vote and nominate

No cob will chop receive the minutes and then the commitee will take the minutes to the bank and a formal letter to change
the relevant paperwork
The bank would call cob to verify. I was told by the bank for this

This post has been edited by sam sam: Jun 25 2016, 08:25 PM

A complaint can be made but I don't think a new agm can be called unless there was issues during the agm

Yes for management corporation
No need for jmb as long owne

We experience the same. Filed complaint with Cob
Cob send letters but didn't treat it urgently

The mc delay until it was like 3 months later.

Cob said to file to tribunal. Perhaps to reduce their workload

Go to MPSJ building near taipan. Cob is inside on the ground floor