Strata Management Tribunal sets aside Ampang Jaya Municipal Council decision
Thursday, 12 April 2018

Datuk Roger TanThe Star

PUTRAJAYA: The Ampang Jaya Municipal Council's Commissioner for Building (COB) cannot unilaterally remove Riviera III Apartment Joint Management Committee chairman Malcolm Anandraj Edward James for failing to comply with notices.

In its ruling on Thursday (April 12), Strata Management Tribunal president Datuk Roger Tan (pic) said that the COB could not unilaterally remove Malcolm because he failed to comply with two notices from them dated July 31, 2017 and Sept 14, 2017.

In those notices, the COB ordered Malcolm to stop collecting additional payments for the application of strata titles from residents based on a decision made at a Joint Management Body (JMB) extraordinary general meeting on May 21, 2017.

At the meeting, the JMB decided to impose a RM500 fine on residents who refused to pay the additional sum but then the COB set aside the decision and ordered the JMB to stop collecting payments in a letter dated Sept 14, 2017.

The JMB then filed a claim with the tribunal to compel the COB to confirm the meeting had been carried out in accordance with the Strata Management Act 2013, which he said circumscribed the powers of the COB.

Tan said that the COB acted beyond its powers (ultra vires) because the Act does not expressly empower it to make a declaration on Malcolm's chairmanship as well as the validity of the EGM and the resolutions passed then.

Tan added that such power is only vested in the tribunal under Section 105, 117 and Fourth Schedule of the Act, saying that the COB is only entitled to direct a new EGM to be held or to apply for leave of the tribunal to set aside the decisions of the EGM.

In this case, Tan allowed the COB's counterclaim to declare the EGM of May 21, 2017 to be null and void as the JMB had no power to impose such a fine under the Act.

Tan also ordered that the next annual general meeting of the JMB to be held within 45 days thereof. 

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