😂.
Committee awards projects to own cronies and earn commission is not unheard off and is happening around the world. To say unlikely to abuse power is not true. Anyway this is off topic.
My current house has Exactly same type of title and G&G communities as my new house and my committee issued this statement in AGM.
Quote “The collection rate has been improving and the receivable reduced by more than 20k compare to previous year. We have 2 errant residents who are refusing to pay maintenance fee and had received court order to demand them to pay the maintenance fee. Management will follow up closely to retrieve the outstanding
maintenance fee.”unquote.
Do you think above action to issue court order is an abuse of power? Is the court order legit? Or the committee know their limitation and jurisdiction?
Many people do not understand how our law works. I am not sure of your background nor I am saying you understand or not. Peace. I do happen to involve in some of these matters in different field of work and maybe can share some insights and answer the few questions above.
Whatever that is compounded in our nation, like where fines/summon can be imposed or court case, it has to fall under Akta or in English Act. All the Akta in our country need to be debated and passed in Parliament for relevant authorities to implement. Under an Act, there is Regulation then followed by Order, ICOP and Guidelines. Guidelines even though it can exist in Akta is not compoundable and no fines can be imposed by authority. Sometimes, Guidelines can be abused even by authority to issue fine due to lack of public awareness or for public interest. In such a case, the fine does not stand and can be challenged in court and judge will throw the fines away immediately. *hint this “abuse” happened to our country not long ago. All this is like what some politician called it, the Rule of Law or Rule of “Akta”. So how do we know when something is covered by Akta? You look for the word Section.
I explain this because strata properties is under Strata Management Act 2013, hence actions taken to retrieve amount own or seizure of asset is legit in the eye of law. This also give the JMB the power they have. If we understand things from this Rule of Law perspective, a lot of things and daily news make much more sense and more understandable.
Up to this stage, go back to the earlier question? Do you still have similar answer to the earlier questions?
To be honest, I was unsure of the authority the management has in the beginning and confused when the committee issued me the bill and make demand they did. Based on the knowledge I have, the action seems to me out of bound when they come to me with authority. Hence, I asked what I asked. I believe the context of my initial post is clear.
From the many replies , I have gotten the answer. Basically there is no Akta here. It is just basic morality issue. Discussion is much healthier if there is no label of people based on anyone’s bias and context is properly understood.
There is an exception though and that is if the developer had ensured all the original purchasers sign a Deed of Mutual Covenants with the Developer. The original purchasers may have sold their properties to 2nd purchasers and so on. The courts have held that the 2nd purchaser onwards are also bound by the deed of mutual covenants and have to pay for the "maintenance". So if you case falls under this (you can find out from the documents the bank provides), you have no choice but to pay.