MEDIA STATEMENT REGARDING THE ISSUE OF THE APPOINTMENT OF A MANAGING AGENT BY THE BUILDING COMMISSIONER OF THE HULU SELANGOR DISTRICT COUNCIL AT THE LOTUS APARTMENT, TAMAN BUNGA RAYA, HULU SELANGOR DISTRICT
On 15 February 2021, the Building Commissioner (COB) of the Hulu Selangor District Council (MDHS) received a letter of resignation addressed to the Joint Management Body (JMB) of Pangsapuri Teratai, Taman Bunga Raya from the Secretary due to health factors not allowing it. Based on Subparagraph 3(1), Second Schedule, Strata Management Act 2013 (Act 757), the said situation is deemed to have vacated the position if a person resigns.
MDHS held a discussion with members of the JMB management committee (AJK) on 19 February 2021 at the Building Commissioner's Office of the Hulu Selangor District Council regarding the Secretary's resignation letter.
The discussion was attended by members of the management committee including members who sent resignation letters. In the discussion, the Secretary has expressed his stance to continue with the decision to resign. At the same time, the MDHS has also explained the reasons and requirements for appointing a management agent for the area and has received approval from the AJK.
Following the discussion that was held, the MDHS issued a notification letter dated 23 February 2021 to explain the status of the Lotus Apartment JMB Committee Members to inform buyers/owners in this development area. The content of the letter explains the members of the management committee appointed in the last General Meeting consisting of five (5) people including the positions of Chairman, Treasurer and Secretary.
However, the review found that the remaining members could not form the minimum number of committees due to two of them having held the position of Chairman and Treasurer for a period of two (2) consecutive years - also in this JMB. Because of that, these two individuals cannot fill the vacancy of the Secretary. Based on Subparagraph 2(5), Second Schedule, Act 757, the positions of Chairman, Secretary and Treasurer cannot be held for two (2) consecutive years. Referring to Subparagraph 2(4), Second Schedule, Act 757, states that the appointment of management committee members must be elected in the general meeting only.
However, at that time it was still during the Movement Control Order (MCO) period, all general meetings should be temporarily postponed due to the COVID-19 Pandemic that is still raging in this country until notified in an official statement at a permitted period.
Apart from the letter regarding the committee members, the MDHS has also issued a notification letter of the appointment of a management agent dated 25 February 2021 to manage and maintain the Lotus Apartment, Taman Bunga Raya which is effective from 1 March 2021 until 31 December 2021. The appointment of this management agent is made based on Section 86 , Act 757, where the Building Commissioner may appoint a management agent by written notification to maintain and manage the building or land proposed to be divided into parcels or any building or land that is divided and the common property for a specified period by the Commissioner.
Therefore, the Building Commissioner of the Hulu Selangor District Council has taken appropriate action by appointing a management agent to launch management and maintenance at the Teratai Apartments, Taman Bunga Raya, Hulu Selangor District in accordance with the legal provisions contained in the Strata Management Act 2013 (Act 757 ).
