The Chronicles of Prima Tiara 2 JMB – The Finale

If you’ve been following the story, you would have by now know that we are not in speaking terms with the developer, Pangkal Perkasa and the JMC (Joint Management Committee) of Prima Tiara 2 for various reasons. You should also be aware the latest character in this story – LDS Asset Management has also come into the picture with probably a dark history.

Where did we last end Episode 1 and Episode 2? (Click on the links)

16 March 2008

We organised a meeting with residents and owners here. The JMC was also invited – but none of them were present. The Exco of PT2RA briefed all present the updates of the existence of the JMC and our actions taken to address this issue with the relevant authorities and the developer – Pangkal Perkasa. All present agreed to call for another meeting on 23 March, and once again give the JMC an opportunity (or perhaps a chance) to inform and clarify their status and actions to the stakeholders here.

18 March 2008

We once again wrote to the Chairman of the JMC as a formal invitation for him to attend the meeting on 23 March. A copy of the letter of invite was published at the notice board.

23 March 2008

It was a rainy night, and despite that 45 stakeholders were present for the meeting – including Mr. Kuang (Chairman of JMC), Ms. Wan (Secretary), and Mr. Wong (Committee member). Mr. Kuang gave a brief to all the role of the JMC, and the following pertinent information were noted from his address:

• Mr Kuang acknowledge the fact that he and the other members of JMC did tendered their resignations from the JMC, however, he mistakenly submitted the letter (addressed to the Commissioner of Building) to LDS Chartwell (then) instead and their resignations was not effective.
• Sometime in December (he couldn’t confirm the exact date), he decided to resume his role as the JMC Chairman and reinstated his communication with the developer (Pangkal Perkasa) and immediately requested the submission of the accounts to the JMC for inspection. We couldn’t confirm whether the request was made in written.
• Until todate, neither he nor the JMC members have sighted the accounts (audited or unaudited) for the year 2007.
• Mr Kuang stressed that he has given an ultimatum to the developer to submit an audited accounts (ending 31 December 2007) and an unaudited accounts (ending 31 March 2008). He expects to receive them latest 7 April 2008.
• We enquire why it takes so long for the developer to finalise and audit the account (ending 31 December 2007), he responded that this is beyond his control.
• Beginning 1 April 2008, all payables monthly fees (Maintenance and sinking fund contribution) will be made to Prima Tiara 2 JMB account and not CRSC Urus Sdn Bhd.
• The JMC will open a current account to facilitate such transactions, as the approval letter for the JMC formation by COB was received in December 2007.
• The appointment of LDS as the management company for Prima Tiara 2 was done by the JMC, however during his absence (and resignation). He confirmed that the decision was made by the sole JMC member (then) Mr E.K. Tan, the representative of the developer appointed to be in the JMC. When questioned on his current agreement of the appointment of LDS as our management company, he personal disagree with the appointment, but couldn’t explain to all the action he has taken (after resuming Chairmanship of the JMC) to reject this appointment.
• Mr Kuang assured all that the enquiries raised and attached in the invitation letter to him will be communicated to all at the notice board. But, no confirm date when this will be done.
• He commented that the falling plasterboard incident was nothing to ‘big’ a concern about as there are ‘bigger’ concerning issue the stakeholders should take note. The water tank on top of the building is in grave condition since almost a year ago. When questioned on his action plan as the JMC Chairman, there was no definite answer.
• A resident raised a concern on unsolved issues such as water seeping through the external walls of the building into rooms especially when it rains very heavily, he explained that individual (private) parcel or unit is not within the responsibility of the JMC. He advised owners to take this up with developer.
• We enquire when Mr. Kuang and his JMC is active as JMC members, as there was no communication to all as to the date the JMC resigned and discharged their responsibilities; and when they resume taking charge of such responsibilities – during the resignation and reinstatement of JMC issue. Mr. Kuang did not give a definite answer.
• We asked if the JMC has held official meetings since its formation till this date, Mr. Kuang answered yes they have. However, when we questioned the non-display of meeting minutes – he couldn’t give a definite answer.
• The Chairman of JMC (Mr Kuang) will call for another JMC meeting with the fellow members to ascertain and confirm each members commitment in reinstating their roles as JMC members. However, no date given as to when this meeting will take place.
• We finally request the JMC Chairman (Mr Kuang) to set the next meeting date to meet with all stakeholders to update us the development of what has been discussed here, we were told he will call for the next meeting by putting up the notice at the notice board.

The meeting ended close to 11pm. As you can see from the above, enquires were responded – answers we didn’t get any.

As the Finale of our JMB Chronicles, we wish to add for the benefits of all our readers here that it is our views this Act of forming the Joint Management Board or Committee has defeat the purpose of bringing justice to house buyers here in Malaysia. Our conclusion is derived based upon the following facts and incidences experienced (we believe) not only us here in Prima Tiara 2, but all strata title property owners in this country:

1. The Act requires strata title owners and developer to jointly established a management body, however when we receive our strata titles (God knows when), we will need to do this formation and election process again for the Management Corporation (MC);
2. There have been many cases made know that developers rushing to meet deadline of this formation of JMB, unaudited accounts was used or tabled during the First Meeting of the JMB;
3. A majority of stakeholders involved in this Act are either still ignorant of the role of the JMB and JMC or have no clear proper channels of enquiries, many were duped into becoming JMC members;
4. The mere fact that JMC members are not immune to legal actions by stakeholders or the authority is enough to drive away any sane individual to volunteer;
5. Developers having made promising of free maintenance for certain period of year(s) to buyers during marketing period can now ‘wash hands’ after the 1st year;
6. Should the developer decides to pass their obligation to honour rectification works on all defects during the warranty period, they can put a lump sum of monies into the JMC account and the JMC will have to take up the additional responsibilities. However, who is to ensure the amount deposited by the developer into the JMC account is actually in reality justified and adequate to carry out the intended repair works? The COB? By the time the COB hears and decide on our cases, your strata title property might have defaced to unacceptable conditions or perhaps even collapse;
7. If the original intent of this Act is to address the grouses of house buyers on unfair treatment of developers in maintenance and management of strata title properties here in this country, why isn’t there real efforts put in place to expedite the issuance of strata titles? Then Management Corporation can take its course.
8. Lastly, there are more Can’t Dos than Can Do the COB has been empowered in this Act when it comes to real issues faced by strata title property owners.

Do you have your own JMB Chronicles to share? Email us (primatiara2@gmail.com)