Strata Management Tribunal invalidates Ampang Jaya COB’s acts
Saturday, 04 August 2018

The Star 

KUALA LUMPUR: The Ampang Jaya Municipal Council’s Commissioner for Building (COB) has no power to declare that the office of Riviera III Apartment Joint Management Committee (JMC) has been vacated.

Strata Management Tribunal president Datuk Roger Tan said there is no express provision empowering the COB to declare the office of the JMC vacated with the effect of removing JMC members from office.

“I find it extremely disturbing that the respondent had decided to sack the entire JMC by vacating their office, and some two months after the managing agent had been appointed,” Tan said in his judgment seen by The Star yesterday.

Tan also ruled that a termination notice issued against JMC chairman Malcolm Anandraj Edward James, who is the claimant, as invalid as it is ultra vires to Strata Management Act 2013 (Act 757).

“This Tribunal will not lend its jurisdiction to cure, legalise, legitimise or validate an ultra vires act,” he added.

Tan said the invalidity of Malcolm’s termination notice also meant that termination notices issued against four other JMC members – Ng Cheek What, Lee Chee Keen, Lee Am Ping and Chew Hai Yin – was null and void.

The president ordered that the four JMC members be reinstated to their position.

The issue started with the apartment’s Joint Management Body (JMB) extraordinary general meeting on May 21, 2017.

At the meeting, the JMB decided to impose an additional payment for strata applications and that residents who fail to pay the additional sum be fined RM500.

The COB set aside the decision and ordered the JMB to stop collecting payments in a letter dated Sept 14, 2017. Malcolm, however, did not comply to the respondent’s suspension and cessation notices on the collection for the additional payments.

The COB then issued a termination notice to Malcolm and four other JMC members.

Malcolm filed two claims and a third claim was filed by Riviera III Apartment’s JMB.

Muhammad Noor Isman Ismail, who was the Deputy Commissioner for Building II, was named as the respondent in all the claims.