Unscrupulous JMC and MC of High Rise

This article is written on the strength of the writer's actual experience in facing head 0n and his undaunted and selfless efforts in uncovering the mal-practices of a certain Management Corporation of a Mixed Development Project, of which he is one of the parcel owners, in the heart of the city and is pleased to share his experiences with property owners of high rise buildings.

So, property owners – beware of the unlawful sale & lease of common areas by unscrupulous JMC or MCs.

Many owners of high rise flats, condominiums and mixed development projects do realize that they are not getting a fair deal and treatment from their respective Joint Management Councils (JMCs) or Management Corporations (MCs) which, in many cases, not only fail to provide proper maintenance service to their respective properties but also fail to provide regular reports and accounts thereof despite complaints were lodged with them and to the authorities.

No wonder we often read that lifts in high rise buildings were not functioning, fire-extinguishers were not periodically serviced or not serviceable, rubbish was not disposed regularly, poor security services, poor lightings along the corridors and verandahs, water pressure low and break-ins, roof leakages, sewage pipe got clogged up thereby causing floods etc

In view of poor services, many owners just refuse to pay their monthly maintenance charges to the JMCs or the MCs as the case may be. But, ultimately they still have to pay up when they applied for strata titles for their respective properties.

This unsavory and unsatisfactory state of affairs is attributed to the general disinterest and nonchalance of unit owners who tend to leave others to look after their interests. It is time that they take an interest in the performance of JMCs or MCs by pressing and hounding them to produce management reports, accounts, attend AGMs and volunteer their services to serve in the JMCs or MCs. In this way, they will come to know and appreciate what is going on and take necessary actions to rectify the wrongs, untoward practices and improve the maintenance service.

Look not therefore what the JMC or MC can do for you but rather what you can do for the JMC or MC.

I am one of the parcel owners in Wisma Indah which is a mixed development project that is situated at the junction of Cockrane Road and Jalan Tun Razak, Kuala Lumpur. The said project was open for booking sometime in 1991 and was completed in due time for occupation in 1993. Thereafter, pending the issuance of strata titles, the said property was managed by one company named, say, X

X at the material time was the appointed sales agent for a certain developer, Y. After vacant possession, X was appointed by Y to manage Wisma Indah for several years before one of the owners Z took over the management in mid 2001. From X to Z, no AGM was ever convened. The Councils comprised solely family members and relatives way into February 2009, when Z's cronies were voted out.

During its terms of office, X purportedly made itself out to be the owner of all the common areas of Wisma Indah and ‘sold’ many of the basement parking lots to some parcel owners by way of creatively drafted SPAs at varying and ridiculous prices from RM15.00 to RM15,000.00 per parking lot.

In the course of investigation, it was revealed that the Z had abused its authority by converting a certain area - which was reserved, planned and pre-approved by the authority for a food court – into a show-room for sale of motor cycles and office without the prior knowledge and consent of all the other parcel owners and worst of all without the approval of the authority . And all this time, Z has not paid nor is presently paying any rental for usage of the food-court area for the past decade to the MC

The matter has been reported to the authority. From what the writer learned , DBKL served notice in mid-January 2010 to Z to clear, remove and vacate within two weeks all its goods and paraphernalia from the said show-room and surrender the said property back to the MC; otherwise, DBKL could fine Z up to RM20,000.00 and for each day the directive is not complied with, an additional fine of RM500.00 will be imposed.

Surprisingly, Z merely ignored the DBKL directive. Thus far no action has been taken by the authority although a few months have elapsed and the dateline past. This thereby has not only deprived the unit owners of the food court facilities but also rental income for the present Management Corporation.

Under the circumstance, the parcel owners of Wisma Indah would want to know from the authority whether the present MC is entitled to claim from Z for all the previous years’ rental for converting and using the food-court area as his show-room.?

Secondly, they would want to know whether the X and Z have the power or right to dispose of the common areas of Wisma Indah without the prior knowledge and approval of the units owners?

Z and its associates had claimed that they had had ‘purchased’ more than 70 parking lots in the basement area, which, according to the approved building plans, forms part of the common area.

In all the SPAs signed between Z and X, there exists a common clause providing that in the event the SSB could not effect transfer of the several ‘sold’ lots to the buyer(s), the X is obliged to refund whatever money so received to the buyers.

We hope that the authority would respond to the above matters seriously for the benefit and protection of all the innocent parcel owners of Wisma Indah.

It is generally believed that the above happenings and practices do not just occur in Wisma Indah alone. Perhaps, what that came to light in Wisma Indah with all the dubious and devious transactions taking place all these years may well represent a tip of the iceberg; beneath which majority of property owners are ignorant and have been deceived for years on end by unscrupulous JMCs or MCs.

Authorities should and must act fast and stem out such illicit practices and activities.

Owners of properties are advised to take a special interest in the meantime to check on the performance and activities of JMCs, or MCs and ensure that they get what they pay for monthly.

Besides, there are also property managers in Kuala Lumpur which practically never or hardly provide proper maintenance service but continue to charge the owners since day one of taking vacant possession.

Where is Justice

Today's Star (12 April 2010) reported that World renown pathologist Dr Pornthip of Thailand who performed a post-mortem on Tan Beng Hock's exhumed body had been harrassed and threatened by certain quarters to stay away from testifying at the coming trial against MACC which was implicated for causing the death of Teoh Beng Hock while under its detention.

Now we have Nazri saying that Dr Pornthip was a liar. What qualification did he have to defame such an authority? I think Dr Pornthip should institute action against this Nazri for defamation. His remark was not only tortuous but uncalled for, subjudicial and unbecoming of such a man of his position.

No judges in the world would make such a remark without real evidence or any substantiable fact. In my opinion he was just uttering rubbish.

Now the same person who called Dr Pornthip a liar earlier had asked her to furnish information of those who theatened her so that investigation and appropriate actions could be taken against those culprits. His action is now being echoed by the Home Affairs Minister and the Police. What sort of games these scumbages are trying to play if not trying to sow the seeds of injustice on the case.

The threat did not emanate from the Opposition nor members thereof. If ever the threats were made, they could only have come from UMNO and BN camps in their attempts to cover up the heinous crime committed by the MACC. Come on let us not play games here. Remember, these scums played the same game in Altantuya's killing. Before the case was investigated, the newspapers were carrying various speculative stories in an effort to confuse the public.

If the BN Government were to do anything at this stage or at any stage to block Dr Pornthip to come to Malaysia to testify the death of Teoh Beng Hock, I would just say that a grave injustice would have be committed. The stain will stick onto BN for many many years before it can be erased.

The implication for preventng Dr Pornthip is far reaching. What have BN got to hide? Yes it had successfully hidden the person who authorised the issuance of the C4 explosive that blew off the body of Altantuya, allowed the two jet engines to be taken out of the RMAF Base and sold to another country and covered up all the monies squandred through the GLCs and projects. Corruption has pervaded the entire structure of the Government's machinery.

No one in the right senses or no clean Government officer or official would want to hide criminals within their organisations. They will just tarnish the 'good' name of the organisations.

So let the law take its course and stop meddling with the case at this juncture.

Interreligious Committee

The BN Government have finally agreed to set up an Interreligious (IR) Committee under the Minister in charge of National Unity, Tan Sri Koh Tsu Khoon. The Committee which comprises representatives from various religious organisations like IKIM, MCCBCHST etc provides a useful forum for exchange of religious knowledge, discussion and ironing out problems and differences arising from interrelgious marriages, conversion, divorce and custody of children etc.

The said Committee in my view is long overdue. Nonetheless, it is better to be late than never.

As I see it, there already exists a IR wheel which is rotating or running on very smoothly for more than a decade; that is, the MCCBCHST. In order to get on with the tasks ahead, all that is needed is to nominate a respresentative from Islam to be a member of the Majlis. Reinventing another wheel takes time and may not be functioning as well as the Majlis.

As I see it, the IR Committee should not be too large in membership otherwise it will end up just another number game and it will fail in the end .

The primary objective of the Committee must be well-defined and focused. It should not operate as another political society or grouping. The IR Committee for effect must be action-oriented; that is to help deal with and solve many of the multireligious problems facing the people in Malaysia.

It is a good start and the Government should be lauded for the initiative. But, whoever participates in the IR Committee, he must come in with an open mind and not with an ulterior motive to grind.

No sooner was the Committee formed than a bucket of cold cold water being splashed at it by the DPM Muyiddin who said that the grouping had no power to effect any changes or on Islam as a religion. If that being the case, then the efforts of the Committee would be futile and a waste of good time. If the voice of the grouping was not going to be significant, why had it formed in the first place? There is what BN is damn good at it. Say one thing and negate it the next moment.

Come on steady lah. If the blokes up there at the helm cannot see by now the serious problems and confusions that you and your stupid ideas about religion have caused, then, you are not fit to govern. You are just not sincere. And, the masses are watching you. If you cannot make a small decision on such matter like interrelgious dialogue, then what is the use of coming out with big ideas like 1 Malaysia and NEM when you do not mean what you say?

I really look forward that the Committee meets soonest and make a representation to the PM and clarify the situation. The matter has to be settled otherwise ten years down the road, one will find nothing is changed for the betterment of society. Don't let the Committee be another NATO or another group of unprepared appointed by the unwilling to do the unnecssary.

Cats & Dogs in Pakatan Rakyat

Any reasonable man in the streets will be asking the question, "What the hell is going on among the members of Pakatan Rakyat?" They are not only destroying one another but also the Coalition at the ultimate end.

There were those who left because of reasons best known to them. There were those who were overcome by the temptation of money while many were enticed to cross over by the UMNO-led BN by promised carrots and greener pastures in the near future.

Deep in my heart, what happened in PR sickens and continues to sicken me to the core of my marrow. I am most disappointed that the two party concept has not be assimilated by the running dogs who could not tolerate the slightest inconvenience and criticisms caused by their colleagues.

The leadership must impress upon all the members of the coalition the need for cooperation and understanding that they are fighting for a cause far greater than the individual aspirations put together. It is about the survival of the people and the country at large; and, the two party system is the only effective democratic means of toppling the BN at the next or future elections.
The battle had started two years ago and let us not stop there. Let us continue in greater intensity to work towards the goal of attaining the two party system at the next election.

BN have come out with the 1 Malaysia Policy which is shrouded with lots of skepticism and suspicions and diffidence among the rakyat. The members of BN are still trying to understand the underlying assumptions of the policy. Actions are and seem to be in most instances inconsistent with the the epressed policy. While the policy exhorts the people to unite as one Malaysia, the politicians themselves are still identifying themselves as race first and the nationality second.

No sooner has the 1 Malaysia Policy been mooted than the announcement of the National Economic Model came on air. The Model is still nebulous and probably an extention or a disguise of the National Economic Policy. The impact will not be known soon soon. It will probably take a year or two to really gauge the true intention, spirit and sinscerity of the Model's originator. Only tell will be the true judge of the Model.

It is not uncommon to note that each PM comes with highly idealistic slogans but at the end they are just fit for the ears and not the people of Malaysia.

Malaysia is rich enough for every one; yet the UMNOputras want to amass a fortune through various devious means during their terms of office. In the course, billions of ringgits have been siphoned off into the private pockets of these unscrupulous and dishonest politicians. Meanwhile the people are not enjoying and benefitting from the resources of the country. This is outright unfair and great robbery of the country's rich resources.

So the people in PR must realise. Time is running out and we have to look for an alternative solution to this senselss plundering of the country's wealth. It is most disgusting and disappointing despite the endowed riches in the country, the per capita income cannot match that of Singapore, Taiwan and Korea! What have the UMNOputras be doing? They are really cheating the people.

It is time that members of PR act above their personal interests. They must re-dedicate themselves to the progress and development of the people of Malaysia. Great sacrifices are needed for the attainment of greater things to come.

The Ugly Select Persecution

Injustice is the root cause of the social upheaval, uprising and unrest in the world. In many a case, we saw thousand of innocent people were sacrificed at the merciless hands of the police and military personnel. Yet, the lesson has not been sunk into the skulls of the governmental authorities. History keeps on repeating itself time and again.

Selective persecution is perhaps an euphemism for oppressive action targetted against those who do not toe the line of or who oppose the authority or who pose a threat to the stability of the government, which is intolerant and over-sensitive or reactive to public criticisms.

The UMNO-led government is feeling rather shaky and uneasy at the political strides and inroads made by the Pakatan Rakyat into the strongholds of the BN. It fears that it might lose its traditional rural support and the general election. It will be a shameful exit for the UMNO who have ruled the country for more than five decades since independence in 1957.

Ever since the last general election, the BN Government have been deploying the MACC set up by the outgoing PM Badawi to harass the PR leaders. Some were detained under the ISA while others had been reported to be subject to long hours of interrogation. One of the poitical secretaries by the name of Teoh Beng Hock died while under the detention of the MACC which claimed that he jumped over the window and committed suiside. A world renown Thai pathologist who conducted a post-mortem on the exhumed corpse of Teoh Beng Hock concluded that the demise of Teoh was likely attributed to one of homicide.

Five leaders of HINDRAF were detained under the ISA while one popular DAP lady politican Theresa Kok, a jounalist and Raja Petra Kamaruldin were arrested and since released over the flimsiest fo excuse.

Meanwhile, the Catholics weekly bulletin, Herald, was taken to task for using the word 'Allah'. Resulting from which, its KDN renewal was subject to undue delay until the last day of the year. The case was contested by the Archbishop of Kuala Lumpur, Tan Sri Murphy Pakiam at the High Court presided by JusticeLau whose verdict found for the Catholic Church.

The ABIM stirred up the religious sentiments of the Muslims on one Friday afternoon immediatley following the court's verdict advocating and demanding for the reversal thereof through the political process. Its members were allowed to demostrate at a mosque in Kuala Lumpur after the mid-noon prayer with placards and banners that contained words and phrases there were racialisically sensitive and provocative. Utusan Melaya, a malay media newspaper, was fanning the fire with undesirable articles one after the other in an attempt to justify why the non-muslims should not be allowed to use the word 'Allah'. Unfortunately no action was taken against these miscreants.

Now the leader of the PR is facing a second charge of sodomy. The first indiction of the same offense was initiated during the premiership of Mahathir. The case was dismissed for lack of evidence. And now the second indictment - the public is just aghast at the way a leader - a human being - is being ill-treated while many of the UMNO leaders who committed worse crimes than sodomy were let off somehow.

This selective persecution is likely to be a hot topic for debate at the coming Hulu Selangor by-election. BN popularity and influence are likely to be affected by this injustice or unjust action(s) against the opposition.

The 1 Malaysia policy of Najib has not been thoroughly appreciated and assimilated by his colleagues. If it refers to unity under one Malaysia, then all and sundries must identify themselves as Malaysia first and then their race second. But this does not seem to be the case when the Deputy PM Muyiddin tried to play up to the gallery of the Malays by saying that he was a Malay first and Malaysian second. Our PM concurred with him. This situation was not well received by the masses certainly. In fact, the public is now questioning whether these two leaders are really sincere about the 1 Maaysian policy or not. By uttering what they did, they have contradicted themselves and causing confusing among the masses.

Now comes the sweetener NEM. Let us see what the UMNO-lead BN do during the next 12 months. Only time will tell whether the NEM does not approximate to that of the NEP which at best be described as a big failure in its efforts to redress economic imbalances among the races and eradicate poverty.

Well, the NEP was subseuently amended in words but not in spirit to the disguised National Development Policy, NDP and now NEM. As I see it, success can only come about if the leaders have the verve, moral courage and will to implement the objectives under the NEM.

MCA Leadership Is Finally Decided

The members had finally elected their new leader in MCA. Past President Ong Ka Ting OKT and the Immediate Past President Ong Tee Keat OTK were voted out. Dr Chua Soi Lek CSL , the underdog, emerged victorious to the surprise of many.

Many have asked me for my opinion regarding the outcome of the election. What took place or happened behind the scene? This question is difficult to answer unless I was involved in the barter trade. Otherwise, my answer could only be at best speculative.

Obviously, OTK leadership was not at all popular in that he unearthed and shook up the PKFZ shit from the closet which I believe strongly was not well received by the UMNO-led BN leadership. The expose has definitely implicated several protgonists of recent past who might be directly and indirectly involved in the multi-billion fraud. Besides, the evil scheme brought not only disrepute to the entire BN leadership but also affirmed that it was and is corrupt as the masses claimed.

In my view, it was silly and imprudent for OKT to take part in the election for he was not really well accepted as a leader among the Chinese masses. While he was in the Housing Ministry, he did not really address the rising number of rogues in the housing and construction industry. The untold and untoward problems that have brewed up in the various completed housing projects speak volumes of his efficiency. There were far too many abundant projects that proliferated during his tenure of office and he just turned a deaf ear or closed his eyes to the numerous innocent house buyers who were cheated by unscrupulous developers. So he lost - and I was not really surprised - his bid for re-election for another presidential term in MCA.

So CSL was the choicest of the three candidates. Although he was caught being indiscreet, rather unfortunate, he was honest enough to apologise to the whole world and I believe many puritans in the country forgave him. Once a friend of mine posed a challenge to all the politicians, "Which of you cats have not eaten a fish or have not committed a social wrong?" What is so big a deal comparing CSL's indiscretion to some of the sexual and crimes perpetrated by some of the politicians in some of the BN component parties?

But the man has the skills and experience as a politician and he has the leadership to keep MCA intact during the months of turbulence preceding the election. What is UMNO trying to do to influence the eventual leadership off MCA? All its leaders are tainted to the skin and it wants an innocent sacrificial lamb to be in the cabinet?

Well now that the election is over, it is time for integration, harmonisation and unification of all the members in MCA. One thing is for sure, CSL can never wave a magic wand and come out with a solution that pleases every member. The factional leaders have also a big responsibility ahead of them to pacific and convince their followers to accept whatever the solution that may be propounded by the leadership -be it popular or unpopular.

So let us give CSL a chance to do his work now that the dirt and dust have settled. Let MCA work towards a One-Malaysia where the people of all races have a decent life under the tropical sun. Let corruption be fought to its extinction by all its leaders and let them be accountable for what they do and be transparent in their wheeling and dealing.

Time to Unite through Malaysian Malaysia

Malaya achieved its independence from the British on 31 August 1957 after months of negotiation.

The people then were really united. Unity and harmony among the the Malays, the Chinese and the Indians reached the zenith in the real sense of the word. The three races organised into UMNO, MCA and MIC and they spoke with one concerted voice to opt for freedom from the colonial rule under the banner of PERIKATAN.

Racialism was never the issue or problem. The three races mixed and integrated well with one another. It was nationalism at its height that finally won Malaya the much vaulted Merdeka.

On introspection, we may well posit the question as Malaysians now what and where had the Government gone wrong?

In my view socio-economic degradation commenced after the riot on May 13, 1969. The riot got the people to think and find out the causes therefor. The blame was attributed naturally to the British for dividing the people into economic vocation; Malays to the padi field, Indians to the railways and the Chinese to trade and business. It must be borne in mind that the Chinese and Indian migrants did not obtain help from any quarter except through their hard work.

The country was under emergency rule after May 13, 1969 under the National Consultative Council, NCC, which conceived the birth of the Naional Economic Policy, NEP, which aimed to eradicate poverty and economic imbalances among the races by according the backward Malays special privileges in all spheres of social and economic programmes and development. Where the twin objectives of the NEP were noble in principle, it was selfishness, greed and corruptibility that contributed to its dismal failure; in that after more than five decades, majority of the Malays did not seem to benefit from the NEP. It was a situation of diamonds cutting diamonds.

On hind-sight, the UMNO-led BN government over-looked seeemingly or deliberately the primary objectives of the NEP. As a result of its over-emphasis on and over-zealousness in helping the Malays at whatever cost and expense of the other races, the results turned out otherwise. The Malays have woken up to realise that they have become too overly dependent on UMNO. For all these years, UMNO played up the racial and religious cards and mixed them up with politics to stay in power. The people are tired of their games.

The non-Malays who contributed to the economic success of the country felt betrayed. frustrated and disappointed. Election pledges were made but never fulfilled. And this phenomenon persisted through the past ten general elections until great damages resulted. Their children were deprived of scholarships to pursue their intended or desired courses in local tertiary institutions. Many dropped out and started to enter the employment market because their parents could not afford to send them to private colleges or universities or overseas.

Meanwhile, the one-year matriculation programme was introduced for the Malays to gain easy entrance into public universities without having to compete with non-Malays who have to study and pass the two-year STPM or HSC. Employment into the civil service, para and military services was nearly proferred to the Malays for many years. No wonder, the Malays dominate in these service arms.

Encouragement of Malays to enter business through Governmental financial assistance has not been successful as it should. After five decades, it is most disappointing to learn that the equity held by Malays in the corporate sector hovered far below the 30% benchmark. Many of the failed businesses had to be bailed out by the Government during economic adversities through public funds. There was an obvious and stark lack of commitment and motivation among those 'appointed' Malay entrepreneurs to succeed as the capital did not in the first place came from them.

The profits from Petronas never really benefitted the masses. Instead, twin towers were more important than the people's welfare. The profits were kept highly secret from people for many years and much of which had been squandered and siphoned off through creative accounting, transferred pricing and imprudent overseas investments.

Despite all the above signs of doom and gloom, UNMO leaders still talk about their race and religion. One leader proposed the 1 Malaysia Policy while another talked about identifying himself as a Malay first and then Malaysian second. This contradictory attitude seems to send the wrong signal to the masses. In the light of the 1 Malaysia Policy, all races must now shake off from the racial shell and start identifying themselves as Malaysians first and their races second.

We must teach our children that we are Malaysians of Malay, Chinese or Indian origins. And this will go a long way to foster racial unity, harmony and peace.

Unless this basic is adhered to by all races in the country, we are not going to change for the next five decades.