JB condo JMB files police report over alleged illegal AGM

 

The joint management body of the Danga Bay’s Royal Strand and Lovell condominium towers says an annual general meeting (AGM) called for July 2 cannot be held due to insufficient notice to residents. (Facebook pic)

JOHOR BAHRU: The joint management body (JMB) of a luxury condominium here has lodged a police report against its developer alleging that an annual general meeting (AGM) called for July 2 is unlawful.

The report, lodged by S Premkumar on behalf of the Royal Strand & Loveall condominium JMB on Wednesday, claimed Country Garden Danga Bay Sdn Bhd had not adhered to the minimum 14-day notice period stipulated in the Strata Management Act 2013 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 (members) to forcibly take over the JMB office after the illegal AGM, we request the police to provide us protection in such an event,” he said in the report.

On Tuesday, the JMB sent a letter to the top-tier China-owned developer urging that the AGM notice be withdrawn for its failure to comply with the minimum notice period prescribed in Section 57(3) of the Act, and alleging that they had failed to display the notice at conspicuous parts of the development.

“Although the notice for the July 2 AGM was dated June 18, the residents only received it officially on June 26, which is only six days before the meeting.

“Further, one of the agenda (items) is to consider the audited accounts which the committee could not prepare on time as the property manager appointed by the developer has failed to hand over a copy of the debtor accounts,” the JMB said in its letter.

It said that without the debtor accounts, the JMB is unable to finalise the list of the eligible voters as the owners’ right to vote is subject to payment of all dues.

In addition, the committee said the High Court here has granted it leave to pursue a judicial review of a decision by the home buyers’ tribunal ordering that the AGM be held despite the audited accounts being unavailable.

The JMB said one of the questions the High Court here will have to answer is whether the meeting can be held without audited financial statements.

“We want the notice for the AGM to be retracted as it appears to be ill-intended. We will take all necessary steps to ensure that the rights of the owners are protected.”

In a response, Country Garden director Li Jun denied the JMB’s allegations, saying they were baseless as all stipulations in the Act have been complied with when calling for the AGM.

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