Good Day, All,.. I really need some help from Lawyers and those who are more familiar with the Strata Acts, ...HOW can I get the MC to Give Answers ? The MC,MA has brought down the Value of Ujana by changing the Lift Lobby Colour into multiple different colours,..etc.,... How ? Quote,. "Good Day, Dear Owners, I would like to offer my sincerest apologies for my harsh words in the past. I had done so because I had discovered some information about the way Ujana is being managed which was extremely upsetting to me. If you found out, you too will be extremely upset. This involve safety issues as well your monthly maintenance fee. Based on my calculation: All owners will end with an increase in monthly maintenance fee by 30-40% by the end of this year if some issues are not addressed immediately. Each owner will also be required to top up Ujana's sinking fund by RM20K to RM30K by the end of this year or early next year if these issues are not addressed immediately. That’s the reason why I reacted the way I did. So I hope you all will find on your heart to forgive me. This is extremely stressful for me so intend to close this out with this one letter addressed to Ujana MC which I hope they will respond to honestly and in a timely fashion. Once I have the proof and I’m satisfied there is no wrongdoing I will drop this subject entirely. However, if there is wrongdoing, any illegality involved be it in terms of how Ujana funds are being managed I may pursue this further. Thank You Sincerely, --- ..attached below, is my Letter to COB, for COB's intervention (since the Ujana MA Chose NOT to respond directly to be, but instead reply via posting on notice Board,...) For the Record, I had complained of the faulty intercom numerous times, the latest being March 14th. The MA simply refuses to even visit me at my unit to have a look, but make up reasons instead. Why am I - as legitimate, paying Owner - denied such basic services ? Is the MA "punishing" me for bringing up legitimate issues ? _____________________________________________________ Date: 15 March 2018 Commissioner of Building (COB) Jalan Dato Onn Peti Surat 232 80720 Johor Bahru Johor Attn: En. Ahmad Humaizi bin Ismail RE:SEEKING CLARIFICATIONS REGARDING MATTERS CONCERNING UJANA EXECUTIVE CONDOMINIUM MANAGEMENT. FUNDAMENTAL ISSUES THAT ARE A SAFETY RISK TO UJANA RESIDENTS: The following is the responsibility of UEM. It is therefore MC’s responsibility to chase, put pressure and be persistent in pursuing UEM. As an example, due to my persistence, UEM has changed my main door from hollow to solid wood construction without me incurring any cost. I had requested this as it was stated in the S&P as solid door. All 3 lifts are unsafe due to the fact that they have yet to obtain a statutory license which is a mandatory requirement under Johor state laws. This presents a huge safety risk as the lift may breakdown or worst it may fall from upper floors and god forbid is there’s someone in the lift when that happens. Ujana’s Fire monitors do not work at all since the beginning. If there’s a fire, the insurance company will not pay on the basis that the fire monitors don’t work. Lighting arrestors do not work - that is the reason everytime there’s a lighting, the CCTV system, carpark barrier gets affected and there was even an occasion last week when the gym door could not open and someone was stuck in the gym. The ground floor pump room is operating only on one pump. If this ONE pump breaks down, Ujana water supply will be cut off completely. Therefore it is important to have a back-up pump which is the norm in all condos. IS ZOOM MANAGEMENT & SERVICES A CREDIBLE, VERIFIED AND EXPERIENCED MANAGING AGENT? Zoom Management and Services is the Managing Agent of Ujana Executive Condominium. They took over the management of Ujana on Feb 2017. The manager in charge is Eve Choong who is also residing in Ujana as a tenant on 01-07. Please provide the following information regarding Zoom: When was Zoom Management Services incorporated? Who are the current and former directors/shareholders of the company? Is Zoom registered registered with the board under Valuers, Appraisers, Estate Agents and Property Managers Act 1981 (Act 242). List of previous condos they have they managed in their capacity as Building Management? Is Eve Choong a declared bankrupt in Malaysia? What are Eve’s official working hours, number of leave days and Medical leave entitlement as well how many leave days has she taken todate and how many are remaining? Please provide documentary proof of MCs and leave application including approval provided. Could the MC please point out where does it state in the Housing Act 757 or strata act that it is allowed for the managing agent to also be resident of the property they are managing? Was there a proper bid and tender process initiated in awarding the contract of MA to Zoom. Please provide documentary proof of this process and who were the other companies that who had bid for the contract. On what grounds was Zoom awarded the contract the manage Ujana? When is Zoom’s contract due to expire? What are the terms of the contractual obligations. Please provide a copy of the contract and its terms. Has Zoom submitted a bond of RM$50,000 to comply with the Housing Act 757 in order to qualify as managing agent of Ujana? SECURITY AND SAFETY OF UJANA RESIDENTS It has come to my attention that Eve Choong who is the owner and/or employee of Ujana’s Managing Agent (MA) Zoom Management & Services is also operating as a loan shark. I’m concerned about my safety and the safety of other residents as loan shark activity is connected with gangsterism. Gangs are used to threaten and intimidate debt defaulters. Eve Choong is not only residing in Ujana, working in Ujana but she also has access all the security information as well keys to the important facilities. I’m concerned about my safety and well-being since loan shark activity is considered illegal in Malaysia Moneylender’s Act, 1951. This is a risk to the safety of other residents if gangs are deployed to collect money from debt-defaulters and if the debtors are residing in Ujana be it as owners or tenants. Please refer to this article regarding recent loan shark activity in Nusajaya. https://www.thestar.com.my/news/nation/2017/04/19/ah-long-can-no-longer-hide-among-high-society/ http://www.theborneopost.com/2017/0...ze-property-worth-rm2-million-in-johor-perak/ Could MC please respond to the following clarifications: Is Eve Choong also operating as an illegal Loan Shark in Ujana premises since she is residing in Ujana and working in Ujana. If yes please provide details of her registered company. If she is registered Loan Shark, Please indicate where in the Housing Act 757 does it state that Managing Agent is also allowed to proceed with a separate business that benefits her personally while working under Ujana Owners payroll. If she is an illegal loan shark, what precautions have been to protect the security and safety of Ujana residents in the event that any dangerous and violent crime that may be committed as result of non-debt payment that involve gangsters. According to the local police, wherever there’s gambling, there will be loan sharks and wherever there are loan sharks there will be gangsters. Is MC aware of that and did MC do any background checks to ensure that Managing Agent is not involved in criminal or illegal activity that have a direct or indirect impact on the safety and security of residents? Has Eve Choong offered to loan money as a loan shark to residents of Ujana in her capacity as MA or as an employee of MA? Does Lawrence Tan awards contracts to upgrading and renovation based on favouritism vs based on ability, cost and experience? Did Lawrence offer Eve Choong the job of MA based on friendship vs based on merit? Is Lawrence Tan fit to be Chairman of MC considering he operates as dictator without taking into account the feedback of owners and makes decisions without consulting owners? What action is being taken by MC to address Lawrence Tan’s unwillingness to listen to owners feedback and get consensus in decision-making as he seems to be more interested in doing things his way and tends to threaten, abuse, manipulate owners who may disagree with him even though he may have good reason to do. Is MC concerned that owners who filled out the survey conducted by Kareen Kaur had wished to remain anonymous of retaliation from Lawrence. This is itself is a red flag if owners are afraid to exercise their rights due to fear. Was Lawrence Tan who is Chairman of the MC aware of Eve’s involvement in loan shark activity be it legally or illegally and did he share the information with the members of MC as well the owners? FINANCIAL RECORDS Are receipts for monthly maintenance fees sent to owners? It was mentioned just before the previous AGM in Oct 2017 that Ujana funds amounting to approximately $600,000 had gone missing. However the police report made indicated the amount of $250,000. Could you please clarify why the amount reported was different from the amount missing? Please indicate the amount of money that has been collected to-date from rental of Poolside, fines for littering, parking fines and visitor parking fees? Please provide documentary evidence of the amount collected and the amount deposited and/or spent to-date? Are the receipts issued to owners on the official Ujana Receipts and are the receipts in sequential numbers? Please provide a photo/image of the unused receipts issued for fines, parking as well provide the sequencing of numbers so far of receipts issued? Has Lawrence Tan and Eve Choong in their capacity as Chairman and Managing Agent at any time harassed, intimidated, coerced, manipulated, threatened or lied to owners about any matters concerning Ujana be it directly or indirectly either verbally, through text message, email or phone call ? a. Was Aisyah, ex-employee of CBM, paid her bonus as per Cheque I had signed ? WHATSAPP GROUP The whatsapp group is a information sharing platform with all owners (other than the Ujana Notice Boards). 29) Are there individuals on the Ujana whatsapp group who are non-owners such as tenants, friends of Eve and Lawrence etc (other than staff of Zoom Management & Services) who may be privy to documents and photographs related to security and safety matters such as installation of security cameras, the duty roster of security guards making their rounds etc.?If there are then it is a risk to the safety and security of Ujana residents. Please ensure that there are no non-owners in the whatsapp group. 30) Were there owners who were kicked out of the whatsapp group and therefore denied access to critical and pertinent information related to their property and Ujana matters that may concern them and which is not posted on Ujana Notice board? If yes, please indicate where in the Housing Act 757 does that the MC has the authority to deny information to selected owners? (This question does not relate to owners who left on their own free will) BREAK-IN AT UJANA There was two break-ins in Ujana on September, 2017. Police report was made by the owners. In the whatsapp group it was posted that the police have concluded their investigation and have determined that the breakin was caused by Air BnB renters. I would like further clarification on the following: 31) The fact the police have established that it’s an airbnb break-in and have yet to identify who these criminals are feels very suspicious. The police need only email airbnb to ask who booked ujana on a certain date and airbnb as per their T&Cs have to provide those details to the law enforcement of any country that requests it. If the police have not followed up, has MC followed up to check with PDRM on this action? UJANA OWNERS SURVEY On 5th Feb 2018, a survey was sent out by Kareen Kaur who is an owner of unit 14-06 asking owners to respond to a few questions regarding certain rules that were implemented that she is unhappy with. She had then shared the survey results here on this link: https://ujana.org/survey-results/ 32) May I know what is the outcome of the feedback given via the survey by 31 owners? 33) Kareen had also volunteered her services to help improve 2-way communication and get feedback/consensus from owners regarding new rules by using free online tools such google drive, google survey, docs and sites. Was her offer taken up considering there are about 31 owners who are unhappy with the decisions made by MC to date and MC and MA are always extremely busy? UJANA RENTAL WEBSITE. 34) Please indicate where does it state in the Housing Act 757 that the managing agent is allowed to operate as a property agent to selected owners under Ujana’s payroll and on Ujana’s time? 35) Please also indicate where in the housing act 757 does it state that the MC and MA are allowed to create a rental website paid for via Ujana’s collective funds that only benefit selected owners (investor owners)? 36) Please also indicate if in the contract signed between Ujana and Zoom, it was agreed that Eve Choong is allowed to earn a commision (on top of her salary) on renting out Ujana properties? Won’t that be a conflict of interest if her salary is being paid via the collective fund for owners but her time is being spent serving only selected investor owners and commision being earned by her services? OTHER MATTERS: 37) How frequently does the MC meet and what matters are discussed, agreed and implemented? 38) Are minutes of meetings between MC members shared with owners for their awareness via an online platform or whatsapp group since most owners about 70% do not reside in Ujana and may not have access to the notice board? Please answer these questions, clarifications truthfully and honestly. I hope to get a reply from MC within the 7 days from the date of this letter so that we put all issues to rest and move on peacefully and amicably." Unquote.