QUOTE(Yveatel @ Aug 23 2019, 09:59 AM)
The Act allows a person to be exco for no more than 2 terms, and normal committee member of 3 terms. I believe some being rotates in and out for a year.
And as according to the Act, there are three (3) ways to call for EGM. First is the JMB, secondly via COB and third, gather 1/4 total share units.
Before I conclude you should proceed as according to the Act, may I know what do you meant by "their agenda " and "benefits"? Is there any proof visibly which are against the Act? Please note that SMA is almost perfect, if not perfect for managing a stratified parcel. To get into MC, you need only 2 owners, one to propose, another seconder to your name.
You are correct, the Property Mgmt Company(MA) is rotating the committee to enable his people are in the MC.
We did manage to get an EGM last year via COB; But the MA using the proxy still got the better of us. The MA has been in this condo for around a decade. Their office staff knows most of the parcel owners (old and new owners) and this enables them to Canvass for Proxy from a number of the parcel owners. Especially those living in Singapore. Many of these owners rarely come to the condo and am guessing for no better person to turn to, they trust the building manager, office staff and MC wholeheartedly. We have tried various ways to obtain their contact details but have not been totally successful. So far out of the 500 plus parcel owner's, we currently have around 80 in our group.
One of the owner took them to Tribunal Strata on the Proxy Manipulation but the court said only the "wronged" parcel owner can log a case. Based on the proxy forms which the MC & MA had to surrender to this owner; this owner found a number of manipulation from non-signed proxy forms to forms which was not written by the owner but by the office staff (based on handwriting). The MA with their canvassed proxy; passes resolution which benefit them such as:-
1) Contract extension for the MA (Contract is worth RM30k per month)
2) Resolution to bank in the sinking fund portion into account 2 once they have sufficient collection.
3) Prevent other owners from becoming an MC.
The MC intends to do a capital call for repainting and we are against it as this will put us into more debt. The MA states that we have RM5 Million in debt but has not done anything constructive to retrieve the payment from the defaulters.
Any suggestions or ideas will be of great help as we need to stop this group.
Thank you in advace.