Circular to Owners of Suria Kinrara.

This circular letter from an unknown author was delivered to all the shop and apartment unit owners today. I received many telephone calls from owners to clarify. There is nothing to clarify here. The circular merely inform the owners of the ills of Suria Kinrara management and asking owners to exercise their rights.


Except for the confusion on the date of the meeting, there is nothing more for clarification. The circular letter speaks clearly and loudly.
I received this circular  on 17 March 2012. 

This shows there are many unhappy owners of Suria Kinrara.

 

This is YOUR JMB. You decide.

The  Commissioner of Building (COB) has issued an official directive to Mr. Tamilsegaran to convene a meeting of all the owners of Suria Kinrara Complex to form a Joint Management Board (JMB).  The JMB committee shall comprise of owners,  elected  by the owners themselves , plus one representative from the developer.  The COB  has acted within the power of the Building and Common Property (Maintenance & Management) Act 2007 by empowering the owners to decide for themselves. But there are some peoples, including a politician and owners, who are trying to derail this. What is their motives and objectives in interfering with the owners from forming a JMB?  You can guess and your guess is as good as mine.

Mr. Tamilsegaran has organised a meeting on the 18 March 2012 at 2.00p.m. at the  Mutli purpose hall, 4th Floor Block A of Suria Kinrara Complex. All owners are invited to attend this meeting to hear from the advisors on the formation of JMB.

This Notice sent by Mr. Tamilsegaran,
as directed by the COB.

Chinese version of the Notice

The JMB is to empower the owners of Suria Kinrara Complex to exercise their respective rights to manage the common properties for the interest and benefits of all owners. Why should some of these distractors want to derail the good intention of the law and the COB.  Every opportunity and ample time has been given to Sentosa Restu (M) Sdn. Bhd. (the developer) to form the JMB but the developer has chosen to ignore this.They promised to form the JMB in January 2012 but nothing was done. Similary, the RA has done nothing to form the JMB.  Now and suddenly they wanted to interfere and wanted to organise the JMB meeting..

The formation of the JMB is the right of every owner of condominium and apartment. Why must they interfere with our rights?  Don’t you think they have ulterior motives?

The Suria Kinrara Residents Association(RA) is still not registered yet, based on my knowledge.  There is no update from the Chairman or Hon. Secretary that the RA is registered.  It is already one year plus one day. Hence, this is an illegal RA. Moreover, the illegal RA has committed many other illegal acts besides failing to register with the Registrar of Societies. Yet, the Chairman of  the illegal RA is interfering with the task given to Mr. Tamilsegaran to form the JMB.

I appeal to all owners of Suria Kinrara Complex to make your own choice and decision. Do not be influenced  by a politician.  We own this place not the politician. Do not elect any politician or suppliers/contractors of developers, ex or current, into the JMB.  This  group of people have vested interest and conflict of interest. Please elect people who can contribute and with integrity to the JMB. If the JMB is not performing, you have the right to petition for an EGM to throw them out.

Owners of Suria Kinrara only need the JMB, with the legal authority and the power vested by the Act to protect you and look after your interest.  You decide. The future of Suria Kinrara Complex is in your own hands. Suria Kinrara belongs to us,  not FFMS, not Sentosa Restu and  not the RA. We are the owners to decide and determine how we manage this complex of ours.

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.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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.

 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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.

FFMS Failed to Activate Lift Lobby Access Card System

Lift lobby access card system is still not activated today. According to FFMS ‘s notice pasted on the notice board at all the lift lobbies, the system should be activated on the 1 March 2012. After collecting the payment for the access card(RM150.00) from the owners, plus the arrears of maintenance fees, the system failed to work.  What kind of management company and what kind of system is this?

Owners of Suria Kinrara has the right to demand a clear and unambiguous explanation from both the RA and FFMS. If an explanation is not issued by this Friday, 9 March 2012, police report should be lodged by the owners, with the Puchong police station.

None of the committee members who approved the system, (the Chairman, Hon. Secretary, Hon, Treasurer and one committee member),  is able to explain the cause of the system failure, except the Chairman’s Facebook posting.  See below.-

This Facebook posting of Mr. Wong was quickly withdrawn and deleted.
A typical response from a politician.

Isn’t this an absurd answer from the Chairman of our Residents Association (RA)? A power surge can cause the whole system to fail? Then what kind of system is this that he approved? What was his reasons for rushing this project without a proper study and evaluation?

This is the salesman namecard. He claimed that
he is also an owner of Suria Kinrara.
Anybody knows him?

According to Mr. Bala (Manager) of FFMS, the system cannot be activated due to technical problem. But what is the technical problem?  No answer is forthcoming from him. A telephone call to Mr. Frankie Chua of RCG Matrix Sdn. Bhd, the supplier, also drew a blank.  

A technician (Mr. Yap) from RCG Matrix Sdn. Bhd. working on the system installation quoted “Controller failure” as the cause.  A completely and entirely new system  encountered “Controller failure” even before activation. Didn’t the supplier and FFMS tested the system thoroughly before issuing the notice to all owners?

Many questions are now posted by the dissatisfied and disappointed owners of Suria Kinrara.  And the question remained unanswered.

Did the  RA and FFMS did a proper evaluation of the system before they proceed?  Can they be so reckless to commit such a large expenditure(Appr. RM124,000) without a diligent study of the system offered by the supplier.  

What kind of track record this supplier has?

What is your take of the RA and FFMS? Can they look after your  interest and your property?

Activation of Lift Lobby Access Card System

The lift lobby access card system at all the lift lobbies of Komplek Suria Kinrara will be activated on the 1 March 2012.

This is a directive from the management office and hope this will be done as advised.

Owners who have not collected the card are advised to do so in order to avoid any inconvenience. Each apartment unit owner is required to pay RM150.00 for two cards. Additional cards, limited to two cards per apartment unit, will be charged at RM4.00 per card.  Any request for more than four cards will be subjected to an application with proof of the need. The application will be processed at the discretion of the management office.

This is the card reader.
Just tap the card at the reader to open the
magnetic lock.

Lost or damaged card will cost RM50.00 per card replacement.

Many owners have yet to collect the cards. Some tenants are encountering problems getting the cards from their landlords. Some owners not staying at the complex, are not aware of the implementation date of the lift lobby access card system. 

This is the Notice put up by the
Management company at the lift lobby.

Management company only put up the notice at the notice board of each lift lobby one month ago. Some tenants took the initiative to notify their landlords.  However, some landlords are not reachable due to overseas trips or out of the town.

According to the management office, each and every owners not staying at the complex will be notified by telephone.  But this may not be true. Some owners have emailed and called after reading this blog.

Despite of some issues of legitimacy and reliability of the system,  this is one system that will enhance the security of the apartment owners and tenants. Therefore, all owners are encouraged to ensure that the system is activated and function properly by 1 March 2012.

You can open this one-way lock from outside,
until the side of the grille is sealed.

For owners and tenants who are yet to collect the cards, the guards will be on duty at one of the lift lobby in each block to assist owners/tenants during this transition period. After this transition period of two weeks, owners without the access card may face the inconvenience of using the lift. The staircase is available during this interim period until the one-way lock is effective by sealing up the exposed side to prevent intruders from opening the grille door from outside.

Some owners have arrears in management fees and facing financial difficulties in settling all the outstanding charges plus the RM150.00. I have spoken to the management to give due consideration to those financially disadvantaged owners on a case to case basis.

With this lift lobby access card system plus the guards on duty, the management must endeavor to eliminate unwanted visitors, vandalism of common properties and crime in the complex. The performance of the management company is being monitored and watched  closely by all owners and tenants.

Lift Lobby Access Card System - Is this legitimate?

How effective and secure this system is?

The card reader and magnetic lock for the lift lobby access card system is completely installed. But, is the system fully operational?  Just re-visit the problem with the car park access card system and the grilles installation. This simple system took more the six (6) months for commissioning. FFMS, the management company, has a track record for poor implementation and control of facilities. The Management services provided by FFMS left more questions on effectiveness and integrity.

On the 8 February 2012, the supplier was still working on the software side of the system. The staff is yet to be trained in managing the system.

FFMS told owners that the card application would be process this week(6 - 11February 2012). All owners will be notified individually and notice will be posted at all lift lobbies. Up to this point in time (this blog posting time), there is no further development.

Each owner will be provided with two (2) cards free of charge. Additional two cards will be at RM3.00 per card. Any request for more than four cards will be at the discretion of the management and RA, subject to application and qualification.

The Magnetic lock is fastened to the grille by
 6 screws only.

The lift access card system is unlikely to be different in term of operational timing.  You may not be surprised to pay RM150.00 and get the card but the system is not working. Then, they will give a host of excuses. Software not working lah, computer crashed lah, blah blah blah whatsoever.  Many owners anticipated this problem.

Let’s leave the system technical and operational issues aside for the time being. 

Was the system properly evaluated and think through before implementation?
Some children or wheel chair bound resident cannot reach the reader.

Did all the owners or majority of the owners sanctioned the RA and FFMS to install this system? Did the RA or FFMS obtain a mandate from the owners to implement this lift lobby access card system?  The answer is NO.  Neither the RA nor FFMS has the power to implement this system, without prior mandate from the owners. Even with the consent of the RA, this is illegitimate.  The RA’s constitution clearly stated that any capital expenditure (purchase of equipments or fixture and fittings) more than RM10.000.00 (Ringgit: Ten thousands) requires the approval of members in general meeting. The RA committee has exceeded it’s authority. Hence, this approval given to FFMS to install access card system is illegitimate (ultra vires the constitution of RA). 

Moreover, FFMS position in managing Suria Kinrara is illegal. Under the Building and Common Property (Maintenance & Management) Act 2007, the JMB must be formed by the developer and the owners 12 month after the hand-over date of vacant possession. The vacant possession of Suria Kinrara was officially handed over to purchasers on 11 October 2010, Hence, the presence of FFMS is illegal.

With this question of legitimacy, can FFMS compel all owners to pay RM150.00 for the access card system?  Should some owners refuse to pay, what can FFMS do? Lets see who will challenge them.

Lift Lobby Access Card system. Why rush now?

The grilles to the lift lobbies and the stairs was approved by the Residents Association on  14 May 2011.  The total cost was RM25,800.  This was awarded to NP Iron Work by the management company. The sum is inclusive of Bomba approval, one-way lock to all the stair case grilles and door closer to all the grilles at the lift lobbies.   Now, the management company, FFMS, is saying the sum of RM25.800 does not include the one-way lock, door closer and the metal sheet covering the side to make the one-way lock effective.  Additional sum must be paid to the contractor to complete the job.  The grille installation took more than six(6) months and still incomplete.

Now, FFMS is rushing to install the access card system to control the residents. The reason is due to 70% of the owners refused to pay maintenance fees.  So, FFMS is using the RA to rush the installation so that they can  co-erce the owners to pay up.  They also proposed to engage bill collectors to knock on owners’ door. What a big joke is this?

This is unethical and unprofessional behavior of FFMS and the foolishness of the RA to approve the project

FFMS has no legal right to be there in the first place. After 12 months from the handover of vacant possession i.e .11 October 2011, developer must form JMB as stipulated under the statute law, and JMB shall decides who to manage Suria Kinrara.

Why rush this project now, instead of rushing for the formation of JMB in January 2012, as promised by the developer?  Don’t this raise any suspicion on FFMS and the RA?

FFMS and RA should find out why owners are not paying maintenance fees instead of rushing into all these acts.  This is unbecoming of the RA and FFMS.

Owners facing threats from bill collectors engaged by FFMS or otherwise, for outstanding maintenance fees must make a police report immediately.

Owners should refrain from paying monies to any person/s other than to the office and get an official receipt for each payment. 

Can this grille be effectively using one-way lock?  Only to open from inside out?
Recently, the one-way lock was installed.
But intruder can open from outside in.
Doesn't this defeats the purpose of this stair case grilles?

Owners should also not pay the access card fees of RM150.00 until the JMB is formed. The total cost of the system plus the grilles is about RM124,000. Divide this sum by 1,016 apartment units, the cost should be only RM123.00 per unit and not RM150.00.  Only about 250 owners out of 1016 units have paid the RM150.00 so far.


FFMS should not  be entrusted to handle this project.

How secure is the magnetic door lock on this grille?
Without CCTV installed or guard at the lift lobby,
the magnetic door lock and the battery can
be easily dismantled and stolen.. Soon
owners have to pay more mon y to
keep replacing them.
This is the mentality of FFMS, just to get
more money form owners.

FFMS even refused to produce the accounts, agreement with service providers and statutory document requested by the Vice Chairman of RA. 


The shop owners do not contribute to the card access system. This is fair, as they are on the ground floor and first floor.


The Chairman of RA (a shop owner not apartment owner) is seems to be supporting FFMS in rushing the access card system.  All owners will support the system for better security but not rushing now and handle by FFMS.


 You have to ask yourselves this question, why?

Can you open this one-way lock from outside? 
Definitely  YES