GO GRACIOUSLY WHILE YOU STILL CAN

AN OPEN LETTER TO THE COUNCIL MEMBERS OF PERBADANAN PENGURUSAN ANJUNG HIJAU (PPAH)

LIEW YEON KEONG

OWNER

B-07-10, ANJUNG HIJAU,

JALAN 1/155B, BUKIT JALIL

57000 KUALA LUMPUR

30 September 2011

Foo Yau Lim, Ho Yee Phing,

Nuraizah Binti Shamsul Baharin,

Ching Miew Yoke, Tee Lai Ping,

Chan Ah Ho and Thum Tuck Sow.

c/o  Perbadanan Pengurusan Anjung Hijau

A-0-6, Anjung Hijau

No. 8, Jalan 1/155B, Bukit Jalil

57000 Kuala Lumpur.

                                                                                                                                    For Circulation

Dear Sir/Madam,

AN OPEN LETTER

This is an open letter to you, as council members of Perbadanan Pengurusan Anjung Hijau (PPAH) urging you to retire or resign now before you are voted out. Since you have always lamented that this is such a thankless job that is voluntary without any benefit, I wonder why all of you are still clinging on to your positions in PPAH? Isn’t it time you resign or retire now after having served PPAH for so many years??!!

It’s not that you have done such a marvellous job in your capacity as members of PPAH as proven otherwise by the numerous complaints raised against you by discontented residents at Anjung Hijau Apts! There is no secret that there are so many residents distributing circulars exposing the wrong doings of the members of PPAH. Websites, Forum and Facebook have been set up for the residents to pen their thoughts and it appears that you have overstayed your tenure. Please refer to 

http://thegreenfieldshome.blogspot.com OR 
http://anjung-hijau.lefora.com OR 
http://facebook.com/anjunghijau. 

Why? ... The reasons:

1.      Incompetency. There are at least 3 legal disputes in court contesting the rash and belligerent manner in which members of PPAH has acted with clear ignorance of the law. There is clear proof of incompetency on your part in dealing with the legal disputes that has led to the High Court (upheld by the Court of Appeals) that delivered judgement that the House Rules enforced by PPAH is ultra vires the Strata Titles Act 1985 thereby rendering the implementation of the provisions therein not valid to deal with the said case.

Consequences: The action taken by PPAH in collecting fines and penalties is now placed in a disputable dilemma as it can be interpreted as ultra vires the Strata Titles Act and therefore not valid. Those who have paid fines and penalties under the ‘invalid’ House Rules should be entitled to get a refund from you. Is this not incompetency?  Clearly, there is now firm proof of incompetency in your wrongful implementation and actions without the proper legal tenet.

2.      Your belligerent and recalcitrant manner in forcefully trespassing into the apartment unit of Mr Lai King Lung, despite legal notice served on PPAH prohibiting to do so,  had resulted in a High Court judgement against PPAH in illegal trespass and PPAH have been ordered to pay costs amounting to RM391,268 and allocator’s fees of RM32,006 to Mr. Lai. It was blind egoism by council member Foo in supervising the illegal trespass and removal of an air-cond compressor from Mr. Lai’s apartment and this illegal act had caused a huge dent in the sinking fund account of PPAH for the compensation and also to pay PPAH’s 3 legal firms appointed by PPAH for their legal fees and costs in defending the action. What is the total damage to the residents? None of the residents (except the inner circle of the council members) knows how much has been spent and what further liabilities the residents have to bear?! Who should pay for this negligence of duty?? Of course, the negligent one and that is the council member(s) who directed the illegal action! Don’t you think so?

3.   Your lack of knowledge and experience in handling and defending the court disputes were very glaring indeed! I remember and for those who attended the previous AGM (the last one being on 9 October 2010), I did raise the validity of the House Rules that were amended without following proper procedures in the passing of special resolutions as required under the Strata Titles Act but I was immediately told by the AGM Chairman Foo in his exact words to me, “Mr. Liew, Sit Down! Go back to do your homework!” Chairman Foo further reiterated that the DOMC (“Deed of Mutual Covenants”) signed between the developer, Berjaya and us was still valid and binding on us all despite the issuance if strata titles and formation of the Strata Titles Act. Of course, I beg to disagree with him but I was ‘hammered’ down and told to go home and do my homework. Is this not belligerence and blind ego (with lack of proper experience or relevant knowledge)? Precisely! The court has now judged that the House Rules is ultra vires the Strata Titles Act. You cannot deny this now as everything is in black and white from the court.

4.   High Handedness. There are numerous incidences which showed that you have failed to practise professional decorum in dealing with dissents and disputes. This is dangerous and in politics, it is suicidal as can be evinced from the fall of numerous governments in the Middle East and Africa, such as Egypt, Libya, Tunisia and Sudan. You have wilfully and purposely imposed restrictions, hindrances and obstacles against those who dissent against your misdemeanour and high handed dogma, even though such dissents may have valid reasons and grounds. For example, you deliberately refused to furnish me a copy of the financial accounts or to permit me to fix an appointment to view the financial accounts of PPAH at your office even though it is provided for under the law to do so. My request for a copy of the current Quit Rent receipt 2011 recently (of which payment has already been made to you early this year) was refused with the mockery that I have failed to pay your ‘illegitimate’ fines for having a mop sticking out of the railings last year. Although the fines are illegal and under dispute and nothing to do with the quit rent receipt, your staff, George was adamant that it is your policy to refuse giving a copy of the receipt even though under the law you cannot do so. Based on the illegitimate fine that I refused to pay, you have disqualified me from bidding for season car park in Anjung Hijau, resulting in my car being stolen while parked outside the Anjung Hijau compound on 1 September 2011.

5.    Your lack of transparency and consultation in the various expenditures used from our operating and sinking fund accounts is imminent. You have never posted the financial accounts of PPAH on the Notice Boards for the residents’ views, knowledge and perusal. Even Berjaya had, periodically, posted the half-yearly accounts for the residents’ views, knowledge and perusal but you have for reasons best known to you, refused, neglected and/or failed to do so. Your contention that you do not wish to publish the accounts in the public domain is dubious, misleading and mischievous. No resident can accept this! 

6.   All your expenditures from the sinking fund accounts did not have resolutions passed nor approval obtained from residents via an AGM or EGM. For example, the painting of 4 blocks of Anjung Hijau apartments from last year was camouflaged under the approval of painting one block of apartment i.e. Block A only. The replacements of water filters and linings of water tanks or the recently constructed shelters for the car parks behind Block B, was never tabled with the budgeted expenditure nor were residents consulted over the expenditure or budget. No one knows the manner in the calling and award of the tenders for the work. Nothing to that effect was put up on the Notice Boards but everything was done quietly! Who got the job and how much was the contract? Was it awarded to a council member?  No one knows!

7.    There are many jobs done at Anjung Hijau and money spent but does any resident know the actual procedures of awarding the jobs, the values of the contracts awarded and who is authorised to award the jobs and what are their limits of authority? Beats me! I am completely in the dark!

So, isn’t it time that all of you resign or retire from office to allow for a more competent, experienced, knowledgeable, consultative, transparent and friendly council to lead and manage PPAH in the forthcoming tenure? I therefore urge you to stand down and do not seek re-election as you should know that you have overstayed your tenure.

I rest my case!

Yours sincerely,

Liew Yeon Keong

Copy to:-          Pesuruhjaya Bangunan Kuala Lumpur

(U.P. Cik Marini Binti Suhaimi)

Jabatan Penilaian dan Pengurusan Harta

Dewan Bandaraya Kuala Lumpur

Tingkat 5, Bangunan TH Perdana

1001, Jalan Sultan Ismail

50250 Kuala Lumpur

                        Fax Tel: 2693 7119