Problems in Blue Boy Mansion, A Malaysia Community problem

Problems in Blue BoyMansion, A Malaysia Community problem

1. Law and Ethics not followed.
2. Building structure ignored.
3. Management and leadership weak.
4. Citizens ignored by public service.
5. Health and Safety compromised.
6. Lack of education and knowledge by aging owners.
7. Greed of Man conspiring for their own selfish needs leading to improper practices and corruption.

Struggles and delays to hold the 1^st AGM Annual General Meeting of the Management Corporation of Blue Boy Mansion

1. The developer ESB  Embassy sdn bhd ignored the needs of the owners to delay implementation of the Strata Titles ACT 1985 (ACT 318) and the Strata Management  ACT 2013 (ACT 757) & Regulations.

2. It is known that ESB used an unprofessional law firm for over 30 years, Manjit Singh Sachdev, Mohammad Radzi & Partners (MJT), to represent them in legal matters.

3. ESB using MJT conspired to delay the giving of Strata Titles to the owners of Blue Boy Mansion. MJT acting for the ESB approached all owners to sign a new lease instead of giving strata titles that were already ready to the owners. TAT Tai Aik Tong sdn bhd a registered owner of a ground floor lot 6010 and 6114 above, sued ESB defended by MJT to win the fight up to the court of Appeals level.  Then only were the strata titles given to the owners.

4. COB issued a letter to ESB dated 6 Aug 2018, copied to TAT, saying TAT has complained that ESB has yet to organize the first AGM Annual General Meeting of the MC Management Corporation

5. In the same letter above dated 6 Aug 2018 included a warning to ESB that under Section 57(1) of ACT 757 it states that “It shall be the duty of the developer to convene the first annual general meeting of the management corporation within one month after the expiration of the initial period.” The penalty under Section 57(2) of a fine not exceeding RM250k or/and imprisonment for a term not exceeding 3 years was stated also.

6. ESB, MJT and TAT were given an official letter by the “Commissioner” meaning the Commissioner of Buildings(COB) appointed under section 4 of the Strata Management Act 2013, on 15 July 2019 signed by Sr MARZIANA BINTI MAT JELAS in charge of Zones 5 & 8 that covers Blue Boy Mansion in Bukit Bintang to hold the AGM either by the end of Sep 2019 or early Sep 2019. If the developer ESB fails to do so, it was specifically mentioned that under Section 57(5) Act 757 that the COB may, on application by an owner, appoint a person to convene the first annual general meeting of the management corporation within such time as may be specified by the Commissioner, and the developer (ESB) shall pay all the expenses incurred for that purpose. ESB the developer failed to hold an AGM in September month.

7. Chong Sun Fu representing TAT visits the COB office to apply for TAT to organize the First AGM of the Management Corporation of Blue Boy Mansion property in Bukit Bintang, following the laws of the land.

8. Sr MARZIANNA BINTI MAT JELAS told staff that she is busy and will call me later. I waited till just before 5pm when I did not receive any call to pop to see her in her office. I asked her why I was told by her office when I visited close to the end of Sep as there was no notice of any meeting for Sep that I should wait till end of Sep before proceeding to the next step which was for her office to call a director from both ESB and TAT to meet in her office? This never happened but she allowed MJT to proceed to send out notice on a letter dated 1 Oct 2019 to owners that an AGM will be held on 15 Oct 2019! I told her this was not in line with what I was told to do. I further mentioned that in her letter to ESB cc.ed to TAT dated 6 Aug 2018, that Sec 57(1) and 5(2) of Act 757 was quoted as follows:

57. Duty of developer to convene first annual general meeting.

1) It shall be the duty of the developer to convene the first annual general meeting of the management corporation within one month after the expiration of the initial period.

2) Any developer who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

I pointed out to her that ESB had already violated 57(1) as the initial period is defined in Sec 46(2) as follows:  “initial period, in relation to a management corporation, means the period commencing on the day on which the management corporation comes into existence and ending on the day on which there are proprietors, excluding the original proprietor of the lot of land or the developer who is registered as the proprietor or a parcel or parcels or a provisional block or blocks, the sum of whose share units is a least one-quarter of the aggregate share units.

I pointed out to Sr MARZIANNA BINTI MAT JELAS that ESB had already violated Sec 57(1) as the COB’s letter dated 6 Aug 2018 signed by her had informed ESB that the initial period has ended as the sum of share units of the proprietors has already exceeded one-quarter of the aggregate share units and the developer ESB has the duty to convene the 1^st AGM of the Management Corporation or face the penalty of Sec 57(2)

I told her the lawyer MJT who acts for ESB used AR registered mail, when ordinary mail was suffice, to give notice to proprietors, a majority of whom were not home when the postal staff delivering the registered mail came by due to work commitments. Furthermore, I highlighted that the 1^st important AGM was planned on 15 Oct 2019 which is a Tuesday working day too and I questioned the intentions of MJT.  I pointed out clear law to her but she says I should get advice from the legal department of Putra Jaya office as she too is taught the law from them!

I didn’t want to argue with her and merely walked out of her office as she was of no help at all. I was earlier informed to wait till the month of September was over to follow up with the next step to have directors from ESB and TAT to meet at the COB office where if ESB director fails to show up, under 57(5) can be invoked that states, “If the developer fails to convene the first annual general meeting within the period specified in subsection (1), the commissioner may, on application by a proprietor, appoint a person to convene the first annual general meeting of the management corporation within such time as may be specified by the Commissioner, and the developer shall pay all the expenses incurred for that purpose.” The COB Office under her direction did not follow up with what I was told to keep me waiting and neither did Marzianna follow the instructions of her signed letter mentioned above, dated 15 July 2019, to hold the AGM either by the end of Sep 2019 or early Sep 2019.

How can the country progress if laws are set in place but officers of the government department do not follow the law or what they have clearly typed and signed in an official letter sent out by themselves to all parties concerned in a serious case like Blue Boy Mansion? This discretion by officers of the government to make decision that confuses the public about following the law I believe has led to the widespread corruption of Malaysia before the GE-14.

By Chong Sun Fu

Chartered Accountant
Authorized Representative
Tai Aik Tong sdn bhd