Maybe some of you are still celebrating the election victory, some not? Well, I am sure some of you are saying that you are apolitical. Whether you like it or not, we are going for elections!

That’s right ladies & gents, whether you have registered, opps, the day you signed the SPA with DM, you have already registered, now it’s time to vote. But what is election without nomination? But you can always have nomination and election on the same day. Hey, you can even have it in 1 hour.

So what are you voting for? In 2007, the Housing Ministry did an ok job by putting more power into the hands of property owner than the developer. The Parliament approved Act 663, which is known as Building and Common Property (Maintenance and Management) Act 2007. In the good (or bad) old Mahathir days, the developers are given a free hand to rape the average citizens. Not that they don’t today, they still do, your roads are ridden with pot holes, cement became furniture in highways & eventually pot holes became craters. But that’s nothing compared to landslides & the infamous Highland Towers collapse. That’s why they did an ok job, (way) better than none as some might argue, they could have done better, much better. It’s like the terms of reference for the lingam video being too narrow. But that’s a different story.

The story now is that with this Act 663 the owners have the power to determine how BUTL is governed. We have the rights to govern because the Housing Ministry has given us that rights, so many thanks to them.

You can read Act 663 at this link
http://www.hba.org.my/laws/building/bcpAct2007.htm

& for more information on common properties
http://www.hba.org.my/archive/focus/COB/pg1.htm

Act 663 must be gazetted by every state & Negri Sembilan’s is as follows.

PU(B) 141/2007
IN exercise of the powers conferred by subsection 1(3) of the Building and Common Property (Maintenance and Management) Act 2007 [Act 663], the Minister, after consultation with the State Authority of Negeri Sembilan, appoints 12 April 2007 as the date on which the Act comes into operation in all the local authority areas in the State of Negeri Sembilan.

So that means it’s final. The act starts on 12 Apr 2007 as the State of Negeri Sembilan has gazetted it. BUTL is in Negeri Sembilan. BUTL must be govern according to this Act.

In Act 663, section 4 states the followings.

4. Establishment of a Joint Management Body

(1) Where a building or land intended for subdivision into parcels has been completed –

(a) before the commencement of this Act and vacant possession of the parcels has been delivered by the developer to purchasers but the management corporation has not come into existence, a Joint Management Body shall be established consisting of the developer and the purchasers upon the convening of the first meeting not later than twelve months from the commencement of this Act; and

(b) on or after the commencement of this Act, a Joint Management Body shall be established consisting of the developer and the purchasers upon the convening of the first meeting not later than twelve months from the date of delivery of vacant possession of the parcels to the purchasers.

(2) The Body established by subsection (1) shall be a body corporate having perpetual succession and a common seal.

(3) The Body may sue and be sued in its name.

(4) The Body shall comprise the developer and the purchasers.

That means the developer must call for a 1st meeting & the developer must give written notice to owners in no less than 14 days before the meeting. I haven’t received it but some have. The meeting details are as follows.

Thursday, 3rd April 2008, 3PM
Multi-purpose Hall, Sri Palma Villa, BUTL, Batu 12,
71700 Mantin, Negeri Sembilan

If the developer does not convene the meeting then they are liable for a fine not exceeding RM20,000.00 so I will make known to the police, with the advice of a lawyer of course, if the developer breaches this Act.

If you have read DM’s letter that so boldly state the Deed of Mutual Covernants clause 9(1) as “the Service Charge shall be determined by the Developer in its sole and absolute discretion“, this JMB changes all that. No longer will a 1,020 sq ft apartment needs to pay RM153. Yes, that’s 15¢ per sq ft. Some apartments in Petaling Jaya only charge 10¢ per sq ft & you get swimming pool, tennis, etc. That is what the JMC is suppose to do. Let’s look at section 8(1).

8. Duties and powers of Joint Management Body

(1) The duties of the Body include the following:

(a) to properly maintain the common property and keep it in a state of good and serviceable repair;

(b) to determine and impose charges that are necessary for the repair and proper maintenance of the common property;

(c) to insure and keep insured the building to the replacement value of the building against fire and such other risks as may be determined by the Body;

(d) to apply insurance moneys received by the Body in respect of damage to the building for the rebuilding and reinstatement of that building;

(e) to comply with any notices or orders given or made by the local authority or any competent public authority requiring the abatement of any nuisance on the common property, or ordering repairs or other work to be done in respect of the common property or other improvements to the property.

(f) to prepare and maintain a register of all purchasers of the building;

(g) to ensure that the Building Maintenance Fund is audited and to provide audited financial statements for the information to the purchasers;

(h) to enforce house rules for the proper maintenance and management of the building; and

(i) to do such things as may be expedient or necessary for the proper maintenance and management of the building.

So, if 5¢ per sq ft will do the job, then pay RM51 per month la, if 4¢ can do the job, then pay RM40.80 lah. Bukan la banyak kerja sangat.

This means the JMB must determine the Service Charges & not at the absolute discretion of DM (such a blatant abuse of human rights). Very Importantly, to make sure that the JMB is NOT a DM JMB, we need to make sure that purchasers go there & vote. Else, it makes no difference. And I don’t forsee that there will be 70% turn out. That’s why people like us got scammed. DM knows people like us are passive. Mesti suap, tak suap tak tau makan. Baguslah utk DM. But the rakyat tak nak disuap lagi. We want to determine how the place is managed.

That means if you are interested to fight, be there. Be there to vote for a committee that is NOT pro-DM people. So that leaves us with 1 final question. Who to vote?

Those who have tenants, this is your chance now to contribute. Volunteer yourself to be a committee. DM has set 1 Apr 2008 to be the last day for nomination.

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[This post was written by a guest columnist, the foul mouth that requires sterilization, sterilenoice]

You can catch more info regarding the Group 4 briefing at
http://sterilenoise.wordpress.com/2008/03/26/butl-group-4-briefing/

Also, an informal meeting with Mr. Ngeow has been setup to discuss this JMB issue at the following time & place

Saturday, 29th Mar 2008, 8PM
A&W
, next to Taman Jaya LRT (Near Amcorp Mall, PJ)

Those who has their copies of document ready for Group 4 lawsuit can submit it there too.