A Sigh of Relief - COB directive to form JMB

Finally,  owners of Suria Kinrara can breathe with a sigh of relief. The Commissioner of Building has issued a directive to call for the first meeting to form the Joint Management Body(JMB) for Suria Kinrara under

Building and Common Property
(Maintenance and Management) Act 2007
Act 663.

The full details of this Act is available at the House Buyers’ Association website:

http://www.hba.org.my/laws/building/bcpAct2007.htm

Owners of Suria Kinrara are frustrated and discriminated purchasers of this project by Sentosa Restu Sdn. Bhd. a subsidiary company of Trinity Bhd.(formerly known as Talam Corporation Bhd.). The project was delayed, LAD not paid, defects not rectified and many more issues. An unreliable management service provider was appointed by the developer that caused more agonies to the purchasers.

Under Section 4(1)(b), Sentosa Restu Sdn. Bhd should have called for the first meeting to form the Joint Management Body for Suria Kinrara Complex, but they failed to do so.

The law stated in:-

Part III – Management of Building or Land Intended for Subdivision Into Parcels

4. Establishment of a Joint Management Body

(1) Where a building or land intended for subdivision into parcels has been completed –

(b) on or after the commencement of this Act, a Joint Management Body shall be established consisting of the developer and the purchasers upon the convening of the first meeting not later than twelve months from the date of delivery of vacant possession of the parcels to the purchasers.

5. Duty of developer to convene meeting

(3) Without prejudice to subsection (1), if the developer fails to convene the first meeting within the specified period, the Commissioner may appoint a person to convene the first meeting of the Body, within such time as may be specified by the Commissioner.

Since the developer failed to convene the first meeting within 12 month from the delivery of vacant possession date, i.e. 11 October 2010, the Commissioner of Building is empowered under this Section of the Act to appoint one owner to convene the meeting of purchasers.

The Commissioner of Building has issued this letter dated 5 March 2012 to Mr. Tamilsegaran to call for the first meeting on 25 March 2012 to form the JMB and elect a committee from amongst the owners of Suria Kinrara. Letter from the Commissioner of Building is appended below with the notice for the first meeting. 

COB's letter to call meeting for JMB formation.

The notice is being pasted on all lift lobbies notice board. Please help to inform owners not staying at Suria Kinrara.

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COMPLEX SURIA KINRARA JMB

NOTICE TO CALL FOR FIRST MEETING

BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007

ACT 663

Date : 9 March 2012

To All Parcel Proprietors

Complex Suria Kinrara

Persiaran Kinrara Seksyen 3

Taman Kinrara Seksyen 3

47100 Puchong, Selangor.

Dear Sir/Madam,

NOTICE TO CALL FOR FIRST MEETING

With reference to the attached letter from COB of MPSJ (ref: MPSJ/COB/799-4/1/KR 53) dated 5 March 2012, I hereby give notice to call for the first meeting to be held at the following date, time and venue:

DATE           :        25^th MARCH 2012 (SUNDAY)

TIME           :        2:00PM

VENUE        :        MULTIPURPOSE HALL

BLOCK A, LEVEL 4

The agenda of the meeting will be as such:

1)   Election of JMB Committee Members

2)   Appointment of Service Provider

3)   Fire & Public Liability Insurance

4)   Building Maintenance Fund Fees

5)   Late Payment Charges

6)   Other Matters Arising

Thank you.

Yours faithfully,

                                     

Tamilsegaran a/l Ramasamy

Unit No. : B-10-24

Please note that:

1.   The quorum at the first meeting shall be one-quarter of all purchasers.

2.   If within half an hour after the time appointed for the meeting, a quorum is not present, the purchasers who are present shall constitute a quorum.

3.   All resolutions at the first meeting of the JMB are to be decided via a show of hands.

4.   Joint purchasers shall not be entitled to vote except by a way of a jointly appointed proxy.

5.   Proxy & Committee Nomination forms are enclosed for your kind convenience.

6.   All proxy & nomination forms are to be submitted to Mr. Tamilsegaran a/l Ramasamy of unit B-10-24 before 9:00PM on 21 March 2012 (Wednesday). He can be contacted @ 016-223 0781 to arrange for submissions.

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After the formation of the JMB, the current building maintenance company, FFMS, appointed by Sentosa Restu must vacate the place and hand over the management, the files and documents, accounts and the funds to the JMB, as stipulated under the Act. All future maintenance fees and outstanding dues shall be paid to the JMB. This is the legal body recognised under the Act.

All owners of Suria Kinrara Complex, both apartments and shoplots, shall now redeem your rights to take control of this complex. The developer and FFMS have disappointed all the owners for the past 16 months, in term of delivery of contractual obligations and services rendered.

8. Duties and powers of Joint Management Body.

(1)    The duties of the Body include the following:

(a)    to properly maintain the common property and keep it in a state of good and serviceable repair;

(b)   to determine and impose charges that are necessary for the repair and proper maintenance of the common property;

(c)    to insure and keep insured the building to the replacement value of the building against fire and such other risks as may be determined by the Body;

(d)   to apply insurance moneys received by the Body in respect of damage to the building for the rebuilding and reinstatement of that building;

(e)   to comply with any notices or orders given or made by the local authority or any competent public authority requiring the abatement of any nuisance on the common property, or ordering repairs or other work to be done in respect of the common property or other improvements to the property.

(f)     to prepare and maintain a register of all purchasers of the building;

(g)     to ensure that the Building Maintenance Fund is audited and to provide audited financial statements for the information to the purchasers;

(h)   to enforce house rules for the proper maintenance and management of the building; and

(i)      to do such things as may be expedient or necessary for the proper maintenance and management of the building.

The law is very clear. Now is the time you take control of your own property and the common properties of ours.