ANJUNG HIJAU MAY BE GREEN ON THE OUTSIDE BUT RED HOT INSIDE!
Hot News! 3 Court Suits and a Car Theft at Anjung Hijau … Read On!!!
1. WHAT IS GOING ON AT ANJUNG HIJAU? WHY SUCH CHAOTIC FIASCO AND STILL WANT T0 HOLD ON TO THEIR QUESTIONABLE POSITIONS IN THE MANAGEMENT CORPORATION (MC)?
What seems to be a peaceful and restful place for the residents at Anjung Hijau especially after work, has of late, become a den of power-welding, authoritarian, hard and harsh rule by the current so-called MC. The following incidences bear witness to the statement above.
(a) The unreasonable fines imposed by the current so-called MC on our own residents here at Anjung Hijau without negotiation are totally unacceptable. These fines are imposed on minor offences such as plants sticking out of the balconies, clothing accidentally sticking out because of strong wind and some get stuck in the balconies as a result of them being blown off from other apartments nearby. Surely there is room for negotiations as we are the owners and residents here and are all living as one big “family” at Anjung Hijau. The MC should instead be helping and facilitating the residents in all aspects of living at Anjung Hijau.
(b) Residents who park their cars in no parking zones near the management office just for a while for the small domestic purposes such as paying maintenance fees and buying essential items at the sundry shop below Block A, have been clamped and fined. Even those who have been “unreasonably and senselessly blacklisted” by them also suffered the same fate.
(c) New residents who came with their belongings and household items in lorries from faraway places such as Johor, Perak and Penang were barred from entering into their new residences at Anjung Hijau during weekends and public holidays without compromise or understanding by the MC or are otherwise fined RM300 for moving in/out on a weekend or holiday. This is cruel and heartless. Where is the flexibility, compassion and the care for the residents? “Cakap besar aje lah! Fikir dia pandai“ and can quote Albert Einstein somemore! They are not fit to run the affairs of Anjung Hijau. Let’s get them out!
(d) Residents, whom the guards know and recognize and have forgotten to bring their access cards or have left their access cards in another car, have been barred from entering Anjung Hijau which is their rightful place of residence. “Patut lah, depa mengamuk!”
(e) There are clear abuses of power by the current so-called MC especially in their process of allocating season parking at Anjung Hijau. For those whom have questioned or defied the so-called MC, they do not stand a chance of being allotted season parking at all and therefore risk their cars being stolen when they park outside the compound of Anjung Hijau. This unfortunate car theft incident has recently happened to a resident of Block B who has stood up against the so-called MC on some pertinent issues and as a result was “disqualified” from bidding for the season parking. The current MC is petty, arrogant and vindictive especially when confronted with dissents even though they are within the context of fair comment and the ambit of the law.
(f) There were instances when the so-called MC had instructed their operation and maintenance staff (as testified by their former operation and maintenance crew) to target those who have been “unreasonably and senselessly blacklisted” by them. This was particularly true for those who had criticized them for the slightest violation of “their amended House Rules”. Why “their amended House Rules” and NOT “The House Rules” … please refer to Paragraph 4(b) below … to know that “their amended House Rules” have been found to be ultra vires the Strata Titles Act 1985 by the court of law (Sin Chew Jit Poh and China Press dated 1st April 2011).
(g) Worst still, there have been incidences where residents who have been “unreasonably and senselessly blacklisted” by the current so-called MC have been barred from entering their rightful place of residence at Anjung Hijau. This is absurd and is definitely against the law as has been shown and proven by the court of law brought up by some owners in legal suits against them.
(h) The yearly Fire Insurance Policy for Anjung Hijau amounts to RM81,800.00. For the last three (3) years, this policy has been awarded to the same agent of the same company, The Great Eastern Company. Our investigations have shown, beyond a shadow a doubt, that this agent who is in the current so-called MC and has been enjoying a huge commission of about RM12,000.00 per year for the last three (3) years. This is a lucrative business indeed … and no wonder she is holding on to her questionable position in the so-called MC like life and death! What I do not understand is why do the other members of the questionable so-called MC still supporting such a person, following her dictates and so easily fooled and pulled round and round by her. We will definitely want to investigate this further. She has the power to award (no other quotations being called) and she uses it to award it to herself. So simple … no right-thinking person will accept that! This is unethical and morally wrong!
2. WHY SUCH AUTHORITARIAN RULE BY THE SO-CALLED MC?
There was no proper election conducted so far. By proper election, I mean, election in accordance to the official Strata Titles Act 1985. As a result, the same people or their cronies have been unconstitutionally “elected” or rather coerced into their team. This has been going on for at least three (3) years now. And that’s why they are so arrogant, bold and high and mighty in their attitude and belligerent in their actions. This is stinking so badly now that many “dah tak boleh tahan lagi lah.”
When victimized owners complain directly (face-to-face) against their unreasonable actions they will ask them to write-in and when they publicize their complaints in either black and white or verbally, they will turn around and ask them to come and talk directly (face-to-face) to them. Eh! … What sort of political game are they playing ah! Dirty, dirty game … worst than politics man! They cannot fool us anymore lah! We have to get rid of them now!
3. THERE ARE THREE (3) COURT SUITS AGAINST THE SO-CALLED MC?
Up to now, there are three (3) court suits being filed against the so-called MC and its seven (7) members.
(i) High Court Civil Suit No. S-22NCVC-242-2010 – For Tresspassing.
(ii) High Court Civil Suit No. S-23NCVC-35-2011 – For Defamation.
(iii) High Court Civil Suit No. R1-24-60-2011 (S-24NCVC-1339-2011) – For Being Unconstitutionally “Elected” on the 9th October 2010 and hence illegal.
4. WHAT HAPPENS TO ALL THESE 3 COURT SUITS AND WHAT HAVE THE COURTS DECIDED?
In the 1st case (i) mentioned above which was a trespassing suit, the so-called MC has lost the case after employing three (3) lawyers and paying them to defend them in court (Sin Chew Jit Poh and China Press dated 25th August 2011). The courts have decided on the following:
(a) The so-called MC had been found to have wrongfully and illegally trespassed into a resident’s unit in the earlier hearings, despite employing two (2) legal firms and paying them to defend their case in court. The court further directed the so-called MC to pay the plaintiff RM391,268.00 as cost and another sum of RM32,006.00 as allocator’s fee for having lost the case (Please refer to Sin Chew Jit Poh and China Press dated 1st April 2011).
(b) The court further judged that “their amended House Rules” (as amended on 17th March 2010 without approval of the owners via an AGM or EGM) is ultra vires the Strata Titles Act. BUT what appeared on our Notice Boards stated and implied that that the so-called MC has won the court suits with all their pleadings except one. Obviously, this is to camouflage and hoodwink the residents into believing that they were right and have won. If they are right and have won, then why do they have to pay the plaintiff cost, damages and the allocator’s fee as mentioned above! This is a simple deduction.
Therefore, by virtue of the court ruling, the so-called MC actually cannot impose fine or penalty on any violation of “their amended House Rules”. This therefore paves the way for residents/owners who had been fined, to demand for their fines to be paid back to them.
The so-called MC, headed and strongly influenced by the two (2) self-proclaimed leaders made an appeal through a third Lawyer (Arbain & Co) and the case was heard on the 24th August 2011 before three senior judges in the Court of Appeal who unanimously dismissed their appeal with additional cost of RM5000.00 to be paid to the plaintiff. The court will now calculate the exact cost as well as the damages to be paid to the plaintiff in October 2011. They are actually coming head-on against the wall, stubborn and belligerent as they are!
Let it be known that the so-called MC has no right to use either our Management or Sinking Fund or both to pay for the cost and damages incurred in the above case in which they lost. This is mainly because they have acted out of their own without consulting the residents via an EGM meeting and without even considering the laws as laid out in the Strata Titles Act 1985. In doing so, they have already automatically disqualified themselves from holding any future positions in the coming AGM of Anjung Hijau.
The 2nd case (ii) mentioned above is a defamation suit where and the plaintiff has only temporary withdrawn his case against the so-called MC. This means that the plaintiff still has the right and the liberty to file his suit at anytime in the near future. So, what is there to boast about? By doing so, they are just pulling wool over the residents’ eyes. It is just “a calm before the storm.” People like us cannot and will not be fooled by their antics.
The 3rd case (iii) mentioned above is a court suit to challenge its legality and hence to declare the current so-called MC unconstitutional, null and void. The next date for court mention has been fixed on the 15th September 2011. This is the mother of all the court suits. If the current so-called MC is declared unconstitutional, null and void than it has no right to spend any money for their lawyers to defend themselves and to pay for the cost and damages to the plaintiffs. Please watch out for the latest news in the coming next few weeks in our Blog, Forum and FaceBook as listed below!
5. WHAT DO ALL THESE MEAN TO THE RESIDENTS OF ANJUNG HIJAU?
They mean that all the owners will be able to vote for an entirely new MC to manage the affairs of Anjung Hijau professionally in a conducive, congenial and friendly way. However, we have to follow the court ruling in conducting the next AGM. We have had enough of the current so-called MC with two (2) dogmatic self-proclaimed “spin” leaders and their five (5) “boneka”.
The above have been properly recorded and documented from time to time for a period of three (3) years. They can be brought up legitimately by any owner during any AGM or even EGM if the CURRENT SO-CALLED MC DARED TO CONVENE. This is our democratic right as owners … yes, without fear or favour!
PLEASE READ THE SITES LISTED BELOW TO KNOW MORE ABOUT WHAT IS ACTUALLY GOING ON AT ANJUNG HIJAU. You can also give your comments and interact with us there. Thanks!