PETALING JAYA: A developer of a luxury condominium in Johor Bahru will defend its position in a suit filed against it by the joint management body (JMB) of the property.
In February, the JMB commenced a lawsuit against Country Garden Danga Bay Sdn Bhd, alleging shoddy workmanship, the use of substandard materials and a range of unrectified defects in two luxury apartment buildings.
However, Country Garden said the JMB had been replaced by a management corporation. It said the management corporation was set up in accordance with the law.
It also said the first annual general meeting (AGM) the management corporation held on Sunday was convened in accordance with the Strata Management Act 2013.
“Furthermore, the developer did not participate in the voting. All resolutions passed during the meeting were done through the votes cast by the owners who have obtained their strata titles with no outstanding dues payable to the management,” it told FMT.
It added that the meeting was supervised by police representatives and all meeting materials as well as on-site audio and video had been provided to the relevant government departments for verification.
Yesterday, the JMB obtained an ex parte interim injunction from the High Court in Johor Bahru, stopping the developer from implementing decisions taken at the AGM of the management corporation.
Judicial commissioner Wong Mee Ling issued a temporary order suspending all decisions taken at the inaugural AGM of the Royal Strand & Lovell condominium’s management corporation, which was organised by the developer, pending the disposal of an application by the JMB for an interim injunction filed on Monday.
According to the lawyers representing the plaintiffs, the court 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 application is heard and disposed of.
The JMB is opposing the decision to appoint Li Jun as the chairman of the condominium’s newly established management corporation on the grounds of a conflict of interest. Li is a director of the developer, Country Garden Danga Bay.
The order was served on the developer yesterday.
The inter partes hearing of the injunction application is scheduled to take place on July 17.
The JMB has been embroiled in a tussle with the top-tier China-owned developer over the July 2 AGM which it claimed was illegal.
It lodged a police report last week claiming that the developer had not adhered to the minimum 14-day notice period stipulated in the Strata Management Act 2013 when calling for the AGM.
In response, Li denied the JMB’s allegations, saying they were baseless as all stipulations in the Act had been complied with when calling for the AGM. - FMT
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