denies abuse of power
20/10/2009 The Star
IN StarMetro’s report “Condo residents in a fix” on Aug 8, one of the
residents of South City Condominium claimed that they had been denied the
right to vote.
In an interview, Khong Chee Seng, who chaired the AGM, and Joint
Management Committee (JMC) member Kan Wai Hoong provided their side of the
In the article, one of the residents was quoted as saying, “An outsider
(non-condominium owner) called Khong Chee Seng was hired to chair the
annual general meeting (AGM). He said that there was no need for an
election as the elected JMB can continue their term for three years.
“We did not agree but he said that it was illegal to have an election.”
Khong denied ever having said it was illegal to have an election.
“We don’t deny that the election of JMC members was on the agenda as it is
a standard procedure under the laws of Malaysia.
“I even acknowledged that it was the right of a consumer to vote, as
stated in Act 663 (or Building and Common Property (Maintenance and
Management) Act 2007), Section 11.2,” he said, presenting several
documents pertaining to the duties and powers of a Joint Management Body.
However, he pointed out that in the Laws of Malaysia, under the heading of
Joint Management Committee (JMC), “the committee shall consist of the
developer and not less than five and not more than 12 purchasers, who
shall be elected at the AGM of the Body and shall hold office for a period
of not exceeding three years or until the dissolution of the body in
accordance with section 15, whichever is earlier”.
“There would be an election, provided there is a vacancy in the JMC.
“Some residents claimed they had heard that some members would be
resigning. They kept harping on the issue, telling the JMC to declare if
there were any members resigning, but there was none,” he said.
It was mentioned in the article that residents had shown letters from the
Subang Jaya Municipal Council (MPSJ) in reply to their complaint on the
AGM, in which the council requested the JMB to provide the AGM minutes and
an explanation as well as relevant documents.
In a second letter to the JMB chairman, the council ordered the committee
to set a date for the EGM, in accordance with sub-section 10(2)(b) of the
Building and Common Property (maintenance and management) Act 2007 (Act
Khong said he had not received any letter from the MPSJ.
On his role as the chairman of the meeting, he said he had been proposed
as an independent chairman and it was cleared when he registered.
Meanwhile, Kan said there was no abuse of power.
On the residents’ claim that they had been denied the right to view
certain documents, he said, “They have to submit an official letter for
permission to view the documents.
“The JMC is curious as to why these residents did not bring up issues
during the AGM, which was a platform for them to do so.
“None of them asked about the car park and sinking funds,” he said.
“I’ve been a housing activist for the past 12 years as well as an adviser
“I don’t deny there are people who love me and those who hate me when I
raise certain issues.
“I hope that this issue can be an eye-opener, not only for condo owners
but also others, including government authorities.
“The fault lies in a lack of unified interpretation of the law. Hence,
education is of the utmost priority and I hope the Selangor housing board
can come up with clear guidelines to prevent ambiguity and confusion.
“We don’t want consumers to be victims of the process,” Khong said.