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Invalid management committee for my apartment

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asked on Nov 4, 2016 at 05:35
by   unbeliever
My apartment here in Pelangi Court Klang, we just got the new Management Committee which appointment I am challenging as invalid. (1) they had outstandings charges to their accounts not paid up 7 days before the AGM/EGM (2) They were voted in by other owners also with outstandings. Everyone else just too afraid of these group of dictators. Now they had ousted the property management company and are themselves in control of the management with accounts in their hand. Free hand to manipulate and delete their outstandings and those of their cronies. Is there anything else I can do? I have already complained to COB and Strata Tribunal but to date these 2 bodies are silent and these group are happily enjoying their power. 
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answered on Nov 4, 2016 at 05:56
by   Gengster
Find your own geng and kick them up next year..!!
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answered on Nov 4, 2016 at 14:35
by   vkpc
(1) they had outstandings charges to their accounts not paid up 7 days before the AGM/EGM (2) They were voted in by other owners also with outstandings.
By Strata Titles act, the Chair of the AGM can allow owners with outstandings to vote.
So, the new Committee is valid.

Now they had ousted the property management company and are themselves in control of the management with accounts in their hand.
This is their mandate after the AGM. No issues here.

Free hand to manipulate and delete their outstandings and those of their cronies.

Do you have any proof of these allegations?
Don't be a loose cannon without anything back up your claims.
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answered on Nov 4, 2016 at 15:16
by   jeff005
vpkc

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answered on Nov 4, 2016 at 18:33
by   unbeliever
edited Nov 4, 2016 at 18:49
by   unbeliever
1) they had outstandings charges to their accounts not paid up 7 days before the AGM/EGM (2) They were voted in by other owners also with outstandings.
By Strata Titles act, the Chair of the AGM can allow owners with outstandings to vote.
So, the new Committee is valid.
(a) well, the chairman of the AGM himself had outstandings so goes without saying he would allow them to vote.  Even without strata title also can vote!!! So I am arguing that AGM chair appointment is actually invalid because he had outstanding. And this is not the first time He is doing this,always keeps coming back. Previously he settled service charges and sinking fund when he was the previous term chairman in 2012 but owing the water, quit rent, insurance and interest from year 2011 to now.  
(b) I do not see the provision where the AGM chair can allow owners with outstandings to vote.Can you assist? I was informed by lawyer that ineligible to vote means ineligible to vote no matter who allowed them to vote. Got a letter from COB to that effect too.COB also said ineligible to be MC is ineligible to be MC, no matter who voted them in. So I am more confused.
(c ) and the COB has a checklist which the MC required to fill in and submit together with their supporting documents like title statement of accounts and IC. Now 1 of those items on the checklist is "tidak mempunyai caj terhutang kepada perbadanan atau perbadanan subsidiari pada hari ke-7 sebelum tarikh mesyuarat agung" which got to be ticked.I am wondering how they have gall to tick that as yes, but according to COB, to date they have yet to submit the documents.
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answered on Nov 4, 2016 at 21:09
by   vkpc
It is very difficult to prove whether a voter has outstandings or not during voting time.
A voter could settle outstandings just before the AGM starts.
It is also very difficult to scrutinize whether a resident is an owner or merely acting as a proxy of the owner during voting time.
Having some invalid voters voting cannot invalidate the whole AGM, as there will always be some holes here and there.
This is why Strata Titles Act allows the Chair of the AGM a personal discretion to decide on the "form of voting".

COB also said ineligible to be MC is ineligible to be MC, no matter who voted them in.
However, a non-owner cannot be voted a committee member or hold any posts in the MC.
If you suspect any committee member is a non-owner ( don't have his/her name in the title ), you can ask COB for a letter saying these persons are not committee members.
Then you can make copies of the letter and distribute to all units.
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answered on Nov 5, 2016 at 05:34
by   unbeliever
1. Your view that the owners could pay up just before AGM n vote is no longer valid as there has been a change in law. Gotta settle 7 days before n the list of eligible voters displayed on notice board 48 hours prior. Only these r eligible to vote.
2. The Agm chair was initially not allowed to vote at agm but rammed his way through.
3. The management hands out these color sticks which you are to raise at voting time,  different color for owner , proxy n written on top unit number. Each unit 1 stick.  Eligible owners /appointed proxy get stick. The rest can attend but not vote coz u have no stick to raise unless you borrow your eligible neighbour one, which we sometimes note done but just ignore. when submit COB attendance list also submitted. One year re voting conducted coz vote count was 17 sticks whereas  attendance listed 16 only. The person came late n was left out signing his attendance when he got his stick. So far I think we do try to follow the rules on meeting except this year it became a cow show..
4. N who would dare take over from this $$ hungry group.. Last term of theirs when v took over the Bank current account 22k n debts owing to contractors / utilities 128 k . tnb n syabas already giving red bills. collection stood at a proud 20% , which u would know means the place is **** deep in debt. Couldn't even pay the manager staff salary plus utilities . Creditors started calling the mc to collect, took  us 8 months to get books in the green again with utilities n rates paid to date. Contractors too. Collection around 45%. financially v were starting to look healthy again n that when these hungry wolves decide it's the time to come devour all over again!!!
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answered on Nov 5, 2016 at 14:22
by   vkpc
You need to know that the new Committee is valid unless declared invalid by either COB or the High Court.

Were you previously the Chairman of the MC?
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answered on Nov 6, 2016 at 22:16
by   unbeliever
edited Nov 6, 2016 at 22:36
by   unbeliever
Now no need High Court. Anyway who would throw away the $ for legal fees ? M not gaining anything at all.
Cob says they haven't even reported that they are new MC so how to say valid or not?
Seems they got a big shot ADUN twist COB arm now new chair being himself an ADUN .I shouldn't make trouble for them afterwards they tell me look left right first before come out of my unit n  throw human faeces in front my unit again. Not first time for them these rough boy tactics just tip of iceberg.
Just post up so others can learn especially those who don't want settle or facing summons from Tribunal. This good strategy to solve. As for me, I just pay n obey . Travesty of justice !! No big deal!!
Since other owners not care why should I right? I got 1 unit only . Some got 3 or 4 units also not care. I just need kind souls to help me spread this good news of new strategy for all those defaulters of service charges etc so they also can copy cat
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answered on Nov 7, 2016 at 00:08
by   Bella
This is not the place for personal grouses.

Take your fight elsewhere..!!
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answered on Nov 7, 2016 at 03:00
by   vkpc
COB says they haven't even reported that they are new MC so how to say valid or not?
No authority say they are not valid, so they are valid-lah.
Get it into your head.

As long as they are controlling the bank accounts, they are the gatekeepers.
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