Developer denies ‘illegal AGM’ claim, says due notice given

 

Country Garden Danga Bay accused the Royal Strand & Loveall condominium JMB of not holding an AGM for at least 15 months as required under the Strata Management Act. (Facebook pic)

PETALING JAYA: Country Garden Danga Bay Sdn Bhd has denied that today’s annual general meeting (AGM) involving the owners of units at a luxury condominium in Johor Bahru is unlawful.

In a statement, the developer said an allegation by the condominium’s joint management body (JMB) that due notice had not been given to owners on the AGM was not true.

“We have complied with the relevant provisions of the Strata Management Act and sent a written notice to the owners by registered mail not less than 14 days before the date of the annual general meeting.

“A copy of the written notice was also displayed at the announcement board located at the common area of the development,” the company said in a statement today.

The company added that as the developer, it had a duty to convene the first AGM of the management corporation when the share units of the proprietors was at least one-quarter of the aggregate share units.

“Such requirement has been met and confirmed by the land office.”

Country Garden was responding to an FMT report yesterday over allegations by the Royal Strand & Loveall condominium JMB against the company.

In a police report filed last Wednesday, the JMB claimed, among other things, that the minimum 14-day notice period was not adhered to when calling for the AGM.

“The list of owners who are eligible to vote is also not ready as the statement of accounts of the JMB is in the process of being finalised.

“As we fear that there might be an attempt by a team of newly-elected management committee to forcibly take over the JMB office after the illegal AGM, we request the police to provide us protection in such an event,” it said in the report.

The company said in turn that it was the JMB that failed in its duty, by not having an AGM for at least 15 months as required under the Strata Management Act.

“The Act states that the AGM shall be held once a year, provided that not more than 15 months shall lapse between the date of one AGM and the next.

“On Jan 31, 2023, the 15-month period had lapsed and to date the JMB has not called for the AGM for the year 2022,” Country Garden said.

It added that a complaint was filed earlier this year with the Strata Management Tribunal on the JMB’s failure to call for the AGM.

“On March 13, 2023, the Strata Management Tribunal made a consent award whereby the JMB has agreed to convene the AGM before April 29, 2023. However, the JMB did not comply with the consent award,” the company said, adding the JMB had clearly ignored the ruling by the tribunal.

According to Country Garden, some of the homeowners at Royal Strand & Loveall then reported the matter to the Johor Bahru City Council (MBJB) and Commissioner of Buildings (COB), with the intention of taking action against the JMB.

In February, FMT reported that the JMB has commenced a lawsuit against Country Garden alleging shoddy workmanship, the use of substandard materials and a range of unrectified defects in two luxury apartment buildings. The case is pending in court. - FMT