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Condo residents fail to annul meeting over RM50 mil in developer’s outstanding fees

They allege Tropicana Indah Sdn Bhd has not been paying maintenance fees since March 2020

4:36 PM MYT

 

KUALA LUMPUR – Residents of Tropicana Gardens Condominium have failed in their bid to nullify the annual general meeting (AGM) their joint management board (JMB) held in January, along with the meeting’s resolutions and election of office bearers, at the Tribunal for Housing and Strata Management in Putrajaya, today.

The JMB, Badan Pengurusan Bersama Tropicana Gardens, is the respondent responsible for maintaining the mixed development consisting of a mall, offices and condominium units, located in Kota Damansara.

The residents’ request is due to the alleged non-payment of maintenance fees by the developers, Tropicana Indah Sdn Bhd, amounting to RM50 million. 

As such, the residents contend that anyone connected to the developer does not have a right to sit in the JMB.

In today’s judgement, the tribunal’s president Yu Ai Ting said it does not have any jurisdiction to annul the AGM and that only the High Court can make such a declaration. 

She, however, did order the JMB to invoice the developers for the outstanding maintenance fees from March 2020, within 30 days of her decision today.

One of the claimants, Ravinder Singh said the residents will gather to see how to move forward from today’s verdict.

“We heard that there have been cases where the tribunal president annulled a few AGMs.

“So we are a bit surprised that it wasn’t done in today’s case but we need to study further those previous cases.

“That would have been full justice for us,” he said after the tribunal hearing concluded. – October 30, 2023

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