Ampang Jaya COB acts invalidated by Strata Management Tribunal

KUALA LUMPUR (August 4): The Ampang Jaya Municipal Council Commissioner for Building (COB) does not have the power to declare that the office of Riviera III Apartment Joint Management Committee (JMC) has been vacated, reported the Star.

Strata Management Tribunal president Datuk Roger Tan was quoted by the Star as saying that there is no express provision empowering the COB to declare the office of the JMC vacated with the effect of removing JMC members from office.

“I find it extremely disturbing that the respondent had decided to sack the entire JMC by vacating their office, and some two months after the managing agent had been appointed,” Tan said in his judgment.

A termination notice issued against the claimant, JMC chairman Malcolm Anandraj Edward James, was also ruled invalid as it is ultra vires to Strata Management Act 2013 (Act 757).

“This Tribunal will not lend its jurisdiction to cure, legalise, legitimise or validate an ultra vires act,” he said, reported the daily.

This also meant that other termination notices were null and void, those issued against – Ng Cheek What, Lee Chee Keen, Lee Am Ping and Chew Hai Yin – who are four other JMC members, who are now to be reinstated.

At the Joint Management Body (JMB) extraordinary general meeting on May 21, 2017. an additional payment for strata applications and fine of RM500 for residents who fail to pay the additional costs was implemented.

The Star reports that the COB then ordered the JMB to stop collecting payments, via letter, dated Sept 14, 2017.

Malcolm, however, did not comply to the respondent’s suspension and cessation notices on the collection for the additional payments.

Following this, the termination notices were issued by COB.

Two claims were filed by Malcom, with a third being filed by Riviera III Apartment’s JMB.

Muhammad Noor Isman Ismail, Deputy Commissioner for Building II, was named respondent in the claims.