REFERENCE is made to the Article entitled “Strata property owners demand accountability: The case of Jaya One” published by FocusM on Nov 11, 2022.
Subsequent to the publication of the said article, Tetap Tiara Sdn Bhd, the developer of Jaya One, has contacted FocusM over the said article. In response to that, FocusM has taken down the said article from its website and offered Tetap Tiara an opportunity to provide some clarification and another perspective of the case from Tetap Tiara.
The numerous issues raised in the said article have actually arisen as a result of the recent legal suit filed by several property owners in the Jaya One (“the Suit”).
Issues were raised pertaining to the alleged mismanagement of common property as well as the charges and sinking fund to manage common property and/or supplies of parts for the Jaya One Management Corporation (“MC”).
In the statement of defence filed by the respective defendants in the Suit, the defendants have raised, among other, the following grounds to resist the claim:
(a) While the issue raised in the Suit would affect ALL property owners of Jaya One Development, the Suit was initiated only by 21 property owners out of approximately 908 parcels in the entire Jaya One Development, amounting to approximately 2.3% of the total property owners of the Jaya One Development;
(b) Since 2009, all MC members were properly elected and major decisions were made through a process of Annual General Meeting (AGM) or Extraordinary General Meeting (EGM) whereby all property owners are welcome to attend and exercise their right to cast votes.
(c) Tetap Tiara and its subsidiaries company have never exerted any undue influence and control over the maintenance and management of Jaya One and the JMB and/or MC as the members of the governing body of the JMB/MC were all properly and independently elected through general meetings held over the years.
Tetap Tiara and its subsidiary’s involvement and participation in the maintenance and management of Jaya One are in accordance with the rights conferred under the law being one of the proprietors constituting the MC of Jaya One.
(d) During the JMB period between years 2009-2016, all voting was by way of show of hands whereby each proprietor present and eligible to vote during the general meetings could only cast one vote regardless of the total number of parcels the proprietors owned and the resolutions and/or decisions made were passed with clear majority during the general meeting of the MC and/or JMB.
In addition, since the MC period, the outcome of the many decisions via voting made at the AGM and/ or EGM, would not have differed even if Tetap Tiara’s votes would have been excluded.
The above merely highlighting what were the defences raised in the legal proceeding and not public comment/view on the merits of the issues since the matter is already before the Court where all parties involved shall respect the due legal process.
Tetap Tiara expressed its firm and genuine belief that many of the issues can be explained and resolved once the property owners understand the good intentions behind it. However, there are some issues which are more complex and will require real independent experts in order to make an accurate determination.
In the long run, we have and will continue to invest in Jaya One, thus Tetap Tiara will remain always committed to finding a solution and resolve any misunderstanding over any issues arising from the management of Jaya One.
However, Tetap Tiara does sincerely believe that it ought to be clarified and be deliberated upon in a general meeting in the present of all owners in Jaya one. This way, any suggestions as the way forward can be discussed and explored.
Therefore, Tetap Tiara also hopes that all parties concerned in the Suit is open to hold a dialogue to clarify any misunderstanding that may have arisen in this matter.
Previously in December 2021, the High Court has granted an injunction to prohibit the holding of AGM and EGM of Jaya One, pending the disposal of the Suit. Hence, no AGM and EGM were held since then.
However, on Jan 31 this year, the Court of Appeal has quashed the High Court’s Injunction and revoked the injunction against the holding of the AGM and EGM of the Jaya One. As such, until and unless a decision from a higher court to the contrary, there is no legal obstacle or restriction for the general meetings of Jaya One Development to be held.
With the said Court of Appeal’s decision, the annual general meeting (AGM) of the Jaya One may be called any time.
In this regard, Tetap Tiara expressed its view that the AGM ought to be called soonest possible in accordance with the provision of the law, in order to restore the rights of all parcel owners/proprietors to be involved in any decision-making process over issues concerning Jaya One Development. – March 22, 2023