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Zenith Residence Condo - Kelana Jaya

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asked on Apr 24, 2015 at 18:12
by   MW Seow
Dear Sir / Madam,

I'm on of the owner of Zenith Residence Condo at Kelana Jaya, Selangor. We are currently facing an issue, which we suspect that our monthly maintenance & sinking fund are misused or being jeopardized. FYI, our property now is being managed by a company, which was appointed by the Developer. FYI, the vacant possession of property was on May/June 2013. As per our SPA document, developer need to form JMB with the owners within 12 months after the vacant possession period. However, up to today (May 2015), the developer still dragging & delay to form the JMB by giving lots of excuses. This lead to the under performed property management company still continue to manage our property. The property has been poorly managed throughout these period, while owners have to pay high maintenance fee of RM0.33 per sqft for the subpar services. We've requested the developer to terminate this property management company, but our complain fall into deaf ear as the developer seems to favour to their appointed management company. We've demanded the property management company to give us the summary of account and the bank statement, in order to have a clear view of hows our money were spent and how much balance on our fund. However, they refuse to give us, eventhough we have requested formally by sending legal letters from our lawyer. We have report the case to police (Kelana Jaya Branch), which more than 40 owners have reported. However, there is no further action taken so far as the police officer told us that they will only forward all our police report to the developer & management company for their attention only. Please Help us!!!!
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answered on Apr 24, 2015 at 21:06
by   jeff005
We've requested the developer to terminate this property management
We've demanded the property management company to give us the summary of account and the bank statement

You have no legal strength and or even rights.

sending legal letters from our lawyer
On what capicity? Individual? As a group? Your lawyers should know this would not work. You are just paying lawyers fees for nothing.

We have report the case to police (Kelana Jaya Branch), which more than 40 owners have reported. However, there is no further action taken so far as the police officer told us that they will only forward all our police report to the developer & management company for their attention only.
The action of the police is correct. Who taught the unit owners to do things this way? Your paid lawyers?

Possible Solution
To counter this type of issues, form a resident association RA first and register with the relevant authorities. This will give you all a legal entity. With the legal entity the RA can force a JMB or JMC to be formed. Be forewarned.. A weak JMC can cause more havaoc than the developer..!! RA, JMB, JMC are different legal entities.

Get your own conveyancing lawyer (the one that did your S&P) and form up your RA legally, if it is the same panel of lawyers with the developer.. get others. Be reminded that all these work are donkey work plus being rewarded with more frustrations. Be united and your JMB or JMC can be formed down the road.
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answered on Apr 24, 2015 at 23:43
by   Mw Seow
We are worried of any breach of trust cases in our fund, thats why we lodged police report.. If you are saying this move is wrong, whats your suggestion... FYI, this involves millions of ringgit... I've checked with MACC officer, and they ask me to lodge police report as well.. Btw, the lawyer are representing 60+ owner (3rd party lawyer), as our S&P lawyer is the same panel lawyer for the developer..
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answered on Apr 25, 2015 at 01:41
by   Canon
I've checked with MACC officer, and they ask me to lodge police report as well
Now you have reported,
what did the police do?
What did the MACC officer says and would do now?
Now what did your lawyers says?(How many lawyers?) What is their next step?

which we suspect that our monthly maintenance & sinking fund are misused or being jeopardized.
If you have concrete proof, then they can take actions. How can a sinking fund be jeopardised? Examples? Misused? Documented proof? How do you quantify funds misused or abused? All these are baseless allegations if no documented proof. For a smart and experienced developer, all these allegations could be legally window dressed in their accounts.

Q's
1/How many units?
2/Occupancy rate/units?
3/How old are the buildings now?

If you are saying this move is wrong, whats your suggestion...
I did not say this is a wrong move and I have penned my opinions earlier. Get your lawyer advice and make them work. They are paid to solve your problems.
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answered on Apr 25, 2015 at 05:46
by   Mwseow
If we have the solid proof, we will not lodge police report to ask them to start an investigation..macc asked us to lodge poloce report as this is CBT issue and not graft issue.. However, Police hesitate to start investigation, only to transfer our complaints to the developer & property management company... So whats choice do we have??? Let them continue to 'swallow' our monies??? Proof?? Yeah.. Solid proof is that money are spent monthly without our knowledge and controls, but maintenance given are ####s, even times & times being complained. Monies spend on pool maintenance, end up Dirty pools, monies spent on landscaping, trees and plant dying here and there, monies spend on cleaning of common area, we see rubbish and dirty floor here and there, money spend on lift, lift break down on & off, money spent on security, we got lousy security guards and faulty cctv...we even have clogged drain problem for the past 16 months of vacancy and even have denggi cases, which we did complained of the issues from times to times, yet all fall into deaf ear.... Need i to elaborate more??? If so, i think i have to write few more paragraph...if u are in our shoe, what will you do?? Sitting there to wait for luck?? Of coz we are trying every single ways from every angle...
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answered on Apr 25, 2015 at 07:01
by   Canon
macc asked us to lodge poloce report as this is CBT issue and not graft issue.
My personal opinion, there is no CBT.. strictly a case of poor management of funds NOT mismanagement of funds. So MACC, police, lawyers can do nothing.. Accusations do not stick in a court of law. Sori to say, barking up the wrong tree..!!

Need i to elaborate more???
YES.. if not how to know what are your issues? Different types of condos have diff set of issues.

If so, i think i have to write few more paragraph
DO it..!! This forum allows you to have even a 100 postings paragraphs. I am not joking or playing the fool. My time analysing your issue, i dun get paid nor any satisfaction.

if u are in our shoe, what will you do??
10x more.. And a high possiblility to form a successful JMB or JMC 24 months from today.

I have asked a few questions which was not answered. There is no two way traffic.

Further Q's
1/ What is the average market value of an average unit and its maintenance fees?
2/ One carpark or two per unit?
3/ What are the types of ppl that is staying inside, middle class, up class? Doctors? Engineers? Lawyers? Teachers? Average office workers? Illegal immigrants?
4/ Most of the units, owners staying or rented out?
5/ If rented out, what would be the average rental?
6/ A brief description of this place? How many blocks, storeys, how many guards were hired? Cleaners workforce?
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answered on Apr 25, 2015 at 08:10
by   Mwseow
Hi canon.. May i know whats your profession?
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answered on Apr 25, 2015 at 08:13
by   Mwseow
Perhaps maybe you can list out whats the possible 10x steps or actions you will take if you're in our shoes..
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answered on Apr 25, 2015 at 20:05
by   jeff005
May i know whats your profession
Food Street Hawker

Perhaps maybe you can list out whats the possible 10x steps or actions you will take if you're in our shoes
40yrs of working experiences from A-Z, if you are in my shoes, would you have posted it out on a public forum??
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answered on Apr 26, 2015 at 02:02
by   vkpc
Basically there is no proof of criminal acts by the developer or management company here.
So why waste time with police or MACC?
Police will not move just because you suspect something.

The correct thing to do is to look for the Commissioner of Buildings in your area which is usually the Yang Di-Pertua of the Majlis Perbandaran.
Request the Commissioner of Buildings to write a letter to developer to instruct them to form the Joint Management Body (JMB) asap as required under Buildings Act.
If after a few months still no JMB, can look for the Commissioner of Buildings again and get another letter to appoint one owner to conduct the first AGM to elect the JMB.
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answered on Apr 26, 2015 at 03:57
by   jeff005
If after a few months still no JMB, can look for the Commissioner of Buildings again and get another letter to appoint one owner to conduct the first AGM to elect the JMB
The COB would instruct the owners to file in to DBKL (for KL cases) and let DBKL (one special unit) to take over the management of the buildings.. which probably worsen the whole situation. This has happened before.. There are a hundred of cases of JMB or JMC taking over and then surrender their "rights" subsequently and then the developer "takes" back. By then maintenance fees could doubled and the value of those properties nose dived.

to appoint one owner to conduct the first AGM to elect the JMB
There must be enough quorum of house/unit OWNERS and a proterm commitee of registered owners registered (I remember 10) with COB to conduct a successful AGM. Lawyers from both sides have to attend. I have been as a observer in some first "AGM"s, some of which have been carried out unsuccessfully 3,4 consecutive times. For a number of "anti developer" there can be a number of "pro developer".
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