The informal BUTL meeting with a lawyer was an eye opener. First thing to look in the letter that DM sent you is the letter header itself. Notice this?
DATARAN MANTIN SDN BHD (Co.No.239702-W)
(RECEIVERS AND MANAGERS APPOINTED)
So for those who still believe that Dataran Mantin is not bankrupted yet, well.. you are still right, they just haven’t finished at the courts to be declared bankrupt. But in case you are very inquisitive, you can check how many companies in Malaysia survives receivership, everyone in this blog would like to know. So that means, whenever you go to the meeting, ask who they are.
Here’s the juicy bit, if they bar you from voting, quote them Sec 21 of Act 663: Building and Common Property (Maintenance and Management) Act 2007. Lets see what’s so important in fighting for our rights with respect to this section.
21. Duty of developer in respect of charges for building completed before commencement of this Part.
(1) Any developer of a development area which has been completed before or on the commencement of this act but for which a management corporation has not been established shall, not later than six months following the commencement of this Act submit to the Commissioner an account audited by a professional auditor of all moneys collected and expended for the purposes of maintenance and management of the common property and sinking fund, if prior to the commencement of this Act.
(2) The Commissioner may, upon request by the developer of a development area, extend the period stated in subsection (1) for another period not exceeding three months.
(3) Any person who contravenes this section commits an offence and shall on conviction be liable to a fine of not less than ten thousand ringgit but not more than one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Police report imminent? Correct, correct, correct. But not like our police force is super competent, & not that a bankrupt can still pay up the fine, so let’s hope the police are capable enough to at least reach to a point where they can be prosecuted.
And now, for a few technical questions, which was not provided in the Act, how can they divide into 6 groups for a meeting to elect the same JMB committees? What if the person I want to vote is on the 1st day but my voting is on the 3rd day? And how can they put in note 6 & 7 that you must ask permission from your bank to allow you to vote? Banks have no interest in the maintenance charges or any form of maintenance of the apartments, it’s jut not their domain!
So to summarise the above, here are the points to shout.
1. To Mr/Mrs/Ms/Mdm/Dr. Chairman & all other managers there, are you the managers appointed to take over during the receivership? They can’t appoint any tom, dick and harry to be there.
2. Even if they say you are not entitled to vote, they have no rights to bar you from going for the meeting.
3. If they bar you from voting, quote them Section 21 (1) & (3). No matter how much you have paid, or haven’t paid, the accounts are not legal without it being audited!
4. [Technical, not provided in the Law] How can they divide meetings into 6 groups when they are for the same JMB ??? Lame excuses such as “hall not big enough” must be refuted. They can always rent an indoor stadium!
5. [Technical, not provided in the Law] How can they ask the banks to give permission to you, the purchaser of the apartments, before you have the rights to vote ???
Make sure you go there, even if you are not a lawyer, act like one.
If you have not read the notes (page 2) in the letter that DM sent you, please read it. The proxy form is important. Due to the method of voting is by a show of hands, co-owners must appoint one (1) proxy to vote (but all can attend & voice your dissatisfaction, if any) and those who have bought more than 1 unit, must ask your family & friends to tag along & make them your proxies so that they can vote on your behalf (1 person show 1 hand only). See you all at Sri Palma Villa.