JOHOR BAHRU: An attempt by a new management corporation (MC) to remove the existing joint management body (JMB) of a high-end condominium here was stopped after police intervention today.
A JMB spokesman said the MC, formed at a legally disputed annual general meeting (AGM) and led by a director of Country Garden Danga Bay Sdn Bhd, Li Jun, walked in with a letter saying they were going to take over the management.
This is despite the JMB being in possession of a court injunction specifically barring the MC from implementing all decisions from the AGM in July.
The spokesman said they called in the police and produced the court order which had directed the developer to suspend all decisions taken at the inaugural AGM of the Royal Strand & Lovell management corporation called by the developer, pending the disposal of the injunction.
The court has yet to set a date for the inter partes hearing.
“The police told Li Jun and his team that they should get a court order to take over (the management) as the JMB has a valid injunction to stop all decisions at the AGM from being implemented pending the disposal of the injunction,” he told FMT.
He said the developer argued that the injunction was against Country Garden and not the newly constituted MC.
“We argued that the court order explicitly states that the formation of the MC cannot be implemented until the court hears all arguments and makes a decision,” he added.
According to JMB’s lawyer NG Vinod, the order also prohibits the developer and its agents from entering the JMB’s office with the intention of taking over management of the complex until the disposal of the case.
Following the tussle today, Country Garden lodged a police report at the Danga Bay police station against the JMB for not handing over the office and documents to the newly formed MC.
“Li Jun and our manager then met the police officer attending to our case. After looking at our documents and listening to our arguments, he told both the parties that only the court can decide on which party is the legitimate management body,” the spokesman said.
When contacted, an officer at the Danga Bay police station confirmed the report, adding that they have directed the contending parties to let the court decide on their claims.
Meanwhile, Country Garden said according to the Strata Title Act, the developer or the original land owner shall hold the first general meeting within one month.
“As a project developer, Country Garden held a meeting and established a management committee in accordance with relevant laws and regulations.
“So far, Country Garden has fulfilled its obligations as a developer, and the MC should carry out the subsequent implementation,” it said. - FMT
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