Saturday, October 17, 2009

Be Aware of your rights

Owners of Greenpark:-

Be aware of your rights.

IF YOU DO NOT ATTEND THE EGM OR AGM, YOUR VOTE WILL NOT BE COUNTED - THUS YOUR VOICE WILL NOT BE HEARD ! ! !

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As owners, you form the Joint Management Body - JMB under the Building and Common Property (Maintenance and Management) Act 2007 - Act 663.

Greenpark AB Joint Management Body is NOT a Residents Association. (Never INTENDED TO BE, NEVER have been and NEVER will be)

It is legally registered body of OWNERS under Act 663 to manage and maintain the common property at Greenpark.

Act 663 is a transition act to the Strata Titles Act 1985 - Act 318 until after the Strata Titles are issued by the land offfice.

Members of the Joint Management Committee - JMC (to be re-elected every year in an AGM or EGM for a maximum of 3 consecutive years) are there to represent your interests.

They are not there to represent just themselves and their own interests.

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That is why JMC is NOT JMB.
(Please be very clear on this difference. Do not be fooled or be confused by other people who tell you that they are the same)

JMB is made up of ALL Owners.

JMC members are those JMB members currently elected to the JMC.

The sitting JMC are only limited and mandated (allowed) to perform specific roles and authority to make certain decisions provided those decisions are not detrimental to the interest of the JMB (all owners).

They do not have unlimited authority to do as they wish.

If they exceed the set limits, they can be sued either in their personal capacity or as corporately as a JMC.

That is why it is prudent as owners to elect a JMC made up of as many owners as possible that is representative of the interests of the owners.

Limiting the number is not only unwise, it also tantamounts to limiting the legitimate collective voices of ALL the owners.

The developer is also obligated to be one of the members of the JMC.

The Act 663 allows for not less than 5 and not more than 12 members at any one time. (excluding the developer's representative)

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Tenants CANNOT be members of the JMC or JMB.

In addition, tenants definitely have NO voting rights, irrespective of
1. how popular they are or
2. how much they have contributed, or
3. how intelligent they may seem to be or
4. how many years they have stayed at Grenpark.

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JMC members who invite Tenants to the JMC can be sued for dereliction (neglect) of duty.

The Act 663 clearly states that JMC members shall (MUST) devote such time to the business of the Committee as is necessary to discharge their duties effectively.

It can then be argued that if the JMC invites tenants to the JMC, then it means that they are not competent enough to handle the affairs of the JMC.

They should then resign. (either en-bloc or individually)

Other owners should then be invited to the JMC (maybe through an EGM or AGM).

There is no neccessity to involve any Tenants.

Tenants do not always have the BEST interests of owners at heart (no matter how noble their intentions may be)

Owners do not need tenants to be involved -
That's why we have Management Agent to handle the affairs of Greenpark and ourselves (through the JMC) to make needed decisions.

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As owners, you have the right to attend the AGM or EGM.

The JMC can only delay holding the AGM for a maximum of 3 months (12 +3).

The AGM must be held after a lapse of not more than 15 months from the previous AGM (not EGM).

Owners who cannot agree to the decisions of the JMC can institute and call for an EGM.

All owners has equal voting rights at the AGM or EGM - no one owner has more rights compared to the next.

If you own more than 1 unit, then the number of votes correspond to the number of your units.

Proxies can ONLY be appointed by owners of units owned by joint-owners. Proxy to be appointed MUST and can only be one of the joint owners.

You cannot appoint a Tenant or a Friend to be your proxy.

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Be aware of your rights.

IF YOU DO NOT ATTEND THE EGM OR AGM, YOUR VOTE WILL NOT BE COUNTED - THUS YOUR VOICE WILL NOT BE HEARD ! ! !

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