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Monday October 6, 2008

AGM to form condominium’s management corporation illegal

RESIDENTS of Palm Spring@Damansara in Petaling Jaya have foiled an attempt by the developer to set up the condominium’s management corporation (MC).

Under the Strata Titles Act, a developer is required to submit strata title applications for at least 25% of the total number of condominium units before calling for an annual general meeting (AGM) to form an MC.

The Palm Spring joint management body (JMB) conducted a check with the land office and discovered that developer Muafakat Kekal Sdn Bhd had not fulfilled that requirement. The development comprises more than 2,000 units.

MBPJ councillor Mak Khuin Weng, who was representing the Petaling Jaya Commisioner of Buildings, said it was unlawful for the developer to call for an AGM before that requirement was fulfilled.

Employees of the developer who were present at the AGM registration desk kept mum when questioned by Mak and the residents.

“The person in charge is still on Hari Raya leave,” answered an employee.

Mak said they could not proceed with the AGM until the developer had applied for strata titles for at least 25% of the units and the employees then voluntarily took their belongings and left the premises.

According to Palm Spring JMB secretary Richard Wong, 44, residents had received an invitation dated Sept 19 from the developer to attend an annual general meeting to form the MC for the condominium.

However, residents only received the letter a few days later, which did not comply with the minimum 14 days notice required by the act.

Some residents also voiced their dissatisfaction over the developer’s decision to conduct the meeting on Oct 4 when many Muslim owners were still away for the Hari Raya break.

“We just want things done according to the proper procedure,” said an irate resident, who declined to be named.

Mak said the council would continue to monitor condominium issues relating to joint management bodies and management corporations.

The MBPJ has come up with its own guidelines on how it interprets the Building and Common Property (Maintenance and Management) Act 2007.

The guidelines apply only to cases under the council’s jurisdiction and copies are available at the MBPJ Commissioner of Buildings secretariat.

It also has a set of guidelines for the operations and conduct of the JMB and joint management committee (JMC).

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