Letter of petition to COB (Draft)

RESIDENTS OF MENARA DUTA CONDOMINIUM

c/o Messrs DESMOND CHAN & CO

Advocates & Solicitors
No 1-1, Jalan 4/62A,
Bandar Menjelara,
52200 Kuala Lumpur.

2^nd March 2012

Jabatan Penilaian & Pengurusan Harta,
Dewan Bandaraya Kuala Lumpur,
Tingkat 5, Banguanan TH Perdana,
1001 Jalan Sultan Ismail,
50250 Kuala Lumpur

ATTENTION : PUAN ELIZA BINTI ABDUL AZIZ

Dear Puan Eliza,

RE: PETITION BY RESIDENTS

We attach herewith :-

(i)                  a petition signed by the residents of Menara Duta Condominium appealing to the Commissioner of Buildings to assist the residents, to direct the management to competently carry out the instructions of the approved resolutions of the residents as set out in the minutes of the Annual General Meeting of 7^th January 2012.  

(ii)                copy email notification to all council members requesting to approve the extension of a month for the tender validity by the Consultants. It is noted that the new chairman Mr Toh Chuan Hock had been present during the full tender exercise including the interviews of the contractors together with members of the past council in 2011 and should have been in a position to advise new council members. As a nominated chairman/council member he had not expressed any urgency in forming a sub committee for M&E to spearhead the progress of the approved agenda item nor had he given instructions to update the residents of the progress of the outcome of any discussions he may have had with the Consultants, if any.  

(iii)               a copy email dated 30^th Jan 2012 to the Chairman from the then Secretary, thus fulfilling her duty as nominated council Secretary, that she would copy Ryadd Hassan & Associates attachments to be tabled for discussion at the next council meeting. No reply was received from the chairman, Mr Toh, and this was never addressed at the second council meeting of 7^th January 2012. The residents have yet to see the minutes.

We regret to note the vice chairman, En Amin Alli’s response of 31^st Jan 2012 “not confirming it” (email address aminalli10@yahoo.com) as given without sufficient knowledge or background and lacking depth.

(iv)               the treasurer’s comments asking if there was any cost involved in extending the tender validity as opposed to the total cost of the project being RM900,000.00. In not extending the tender validity, it would cost the residents more. Bearing in mind the lengthy discussions, sourcing, tender exercise, cost, time had been expended as early as the beginning of 2011 and the item had been duly approved at the AGM.

We regret to note that the present council had breached :-

(a)         the AGM mandate – by not carrying out or fulfilling the residents’ approved items of agenda, one of which, is the final selection of one of the two contractors recommended by Consultants, Ryadd Hassan & Associates.

(b)         the AGM mandate – by not fulfilling the appointment of the contractor of the Lightning Surge Protection System as recommended by the Consultants Mega Jati as per approved AGM agenda item .

(c)         local statutory laws viz provisions of the Employment Act subjecting Menara Duta Management Corporation to possible penalties imposed; and

(d)         the Strata Titles Act section 39 (4) and (5).

We, as residents/owners seek your guidance in respect of :-

(a)         the proper execution of the documents needed to enable the approved Cold Water Pipe Replacement to commence immediately;

(b)         the proper execution of the documents needed to appoint the recommended contractor by Mega Jati tabled and approved at the ANNUAL GENERAL MEETING of 7^th January 2012 agenda;

(c)         the removal of the current council members in view of the negligence, incompetence and no confidence to carry out the majority decisions mandated to them by the majority registered proprietors at the 7^th Jan 2012 ANNUAL GENERAL MEETING;

(d)         the reappointment of new council members to execute items (a) and (b); and

(e)         the Commissioner of Buildings issuing a directive to the current council to call for an Extraordinary General Meeting as per the majority residents’ petition, as a result and in view of all the above.

Thank you.

Yours truly,

For and On Behalf Of The Menara Duta Residents/Registered Parcel Proprietors