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.
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