A strata building comprising of over 100 units of commercial showroom and office lots that has never complied with statutory laws to set up JMB nor maintain a transparent maintenance and sinking funds for over two decades has now called for AGM to establish MC.

Without consultation with all parcel owners, the developer has set a notice for AGM to bulldoze through an agenda for the building's common areas for exclusive use of a non parcel unit owner, despite registered parcel owners seeking judgements from the Ministry of Housing’s KPKT Tribunal over the ‘hijacking’ of the common areas throughout the years.

The building’s showroom owners’ decades old signboards were also forcibly destroyed in order to make way for the non parcel owner’s huge signboard to be the sole advertisement sign on building facade.

“We are concerned as our property rights has been violated all these years.”

“All expenditures for the building including renovation has not been accounted for, even my unit’s fire escape route has been blocked to make way for the non-parcel owner’s usage without regards for safety laws.” says Jeff Choi, one of the affected parcel owner.

Another owner, Jason Tan added that it should be noted that pursuant to Article 13(1) of the Federal Constitution, “no person shall be deprived of property save in accordance with law.”

“I hope the Council Members are fully aware that when elected, in carrying out the duties and functions of the management corporation as provided in the Strata Titles Act 1985 and Strata Management Act, realise that they are required to act in the best interest of the Management Corporation and ALL the proprietors.”

“So long as council members act in good faith and adhere to the provided laws to ensure the rights of all parcel owners are protected, no personal liability will arise in connection with the exercise of any duty or function of the MC.” he added.

The AGM is expected to be participated by proxies from Mah Sing Group Berhad, Principal View Sdn Bhd, Harian Madu Sdn Bhd (both companies related to Tan Sri Leong Hoy Kum, chairman of Mah Sing Group Berhad), Pembangunan Cipta Sarana Sdn Bhd and individual parcel owners.


Additionally, owners have raised concerns that the Strata Management Act (2013) (SMA) lacks enforcement by agencies, no monitoring by DBKL to ensure transparency and compliance accounts.

Strata Management Act 2013 (‘SMA’) has criminalized a host of non-compliances with the SMA by developers and members of MC in particular financial provisions.

Sections 26 and 62 of SMA 2013 attribute personal liability on MC committee members.

In other words, failure to comply with certain provisions in the SMA may attract financial penalty and jail.

A revamp to the SMA is due to provide real solutions to ensure efficient, effective management of stratified properties and penalise collusion by non parcel owners.


https://www.iproperty.com.my/news/mah-sing-...king-shape-4654




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which commercial building?

Buy strata always headache.
If want to invest, better go for individual title shophouse

Wisma Mah Sing

This building is right across the new Binastra's Trion@KL


Parcel owners bought long time ago in the 90s.

Agree.

But strata parcels got advantages of no need to self upkeep common areas.

Mah Sing Group bulldozed through their selfish agenda to control Wisma Mah Sing and other parcel owners were silenced.



How sad.

Strata Management Act becomes a laughing stock.

KPKT is hopeless.

looking individual title shoplot can find me ya

Who wants to learn how to do take over a strata building without owning a parcel, can ask me

haha

The title to this thread is misleading. TS either put it for clickbait or is ignorant. If the developer controls the majority of the voting rights, there is little the other parcel owners can do except to make sure that the developer complies with the strata management act. Lodge complaints with the COB and you should see a quick response.

Not a click bait.

The developer doesn't control majority voting rights.

It is another developer company which colluded with the building developer to collect the fees and banking into this another developer company's account. A $2 Sdn Bdn

Unit owners got tribunal judgment, both the above thumb nose at it.

Actually, have you actually brought up such problems with COB before and got success ?

This post has been edited by Excellentia: May 31 2024, 06:01 PM

More trouble for strata property owners:


The National House Buyers Association (HBA) has criticised the government's proposal to remove the 100 per cent consent requirement from apartment and flat owners before redeveloping a strata property scheme, calling it "a shame".


https://www.nst.com.my/property/2023/10/967...y-redevelopment

does it mean must let go bought property? safe or not to buy older condo / flat?

If the owners have won a case, just hire a lawyer to enforce the judgment. It is not possible to bank in monies into a RM2 company account. Every year the JMB/MC needs to produce audited accounts and present it at an AGM. I am quite familiar with the process as I am on a few committees.

Thanks for your advice.

You mentioned every year the JMB/MC needs to produce audited accounts and present it at an AGM.

The owners did go to COB and was informed never ever submitted accounts since vacant possession long ago in 2000s. FYI, JMB was never formed. Just before MCO time the developer submitted the accounts to COBKL (before this, owners already filed this issue with the Tribunal). Owners found out the fees banked into Sdn Bhd company account. Not into the name of the development as stipulated by the laws.


What would you do?

Make a report to COB and the police. I believe this is a crime and the authorities need to act.

DBKL COB is useless.

They don’t answer phone calls - don’t reply emails never respond to complaints

The police will do nothing

Like that, then no need to do anything and just complain on LYN lo....

LYN is good platform to create more awareness.

I believe many strata owners have problems but make 'dunno', or just go with the flow.

That opens wide the door for the crooked to make $$$

For strata problem, best to lodge a report with the police - get the report copy.

It will be very useful as supporting document submit to the Tribunal KPKT.