4th AGM will be held on 19th April 2009

NOTICE OF FORTH ANNUAL GENERAL MEETING

NOTICE IS HERBY GIVEN THAT the Forth Annual General Meeting of the Persatuan Pemilik D’aman Crimson Petaling Jaya, Selangor (the “ASSOCIATION”) WILL BE HELD AT THE Pool Side, 2nd Floor, D’aman Crimson Apartment, No.1, Jalan PJU 1A/41, Ara Jaya, 47301 Petaling Jaya, Selangor on Sunday, 19th April, 2009 at 8.00pm to transact the following matters:-


AGENDA

(i) To receive the Committee’s report on the working of the Association for the period ended 31st December 2008;
(ii) To receive the audited accounts of the Association for the period ended 31st December 2008;
(iii) To elect a Committee and to appoint auditors for the ensuing year; and
(iv) Any other matter.


BY THE ORDER OF THE COMMITTEE


TAN POOI JOO
President


Date: 5th April 2009



P/S: Door gifts will be given to members

Car Break in at Block Kayangan

25 December 2008, 2.30pm - it was indeed a day of the unexpected for a resident at Block Kayangan when her car was borken in at the rear seat window. Sadly, the burglar could not be identified and reports were made to both the D'Aman Crimson Security as well as to the Police. Our Resident Association President, Mr PJ Tan, managed to speak to the victim and he would like to take this opportunity to pre-alert all car owners not to leave any valuables, briefcases or "presumed" valuables to avoid any car break-ins. Preventive measures is better than cure.

Family Day Get Together on 20th Dec 2008

Dear owners and residants of Diaman Crimson

DCOA would like to thank all owners who participated in the above event. Your present indeed make the event a great success. This is the first ever Family Day get together held in our property thanks to our DCOA organising committee.


Owners gethered as early as 6pm


Welcome speech by DCOA Chairman, Mr Tan



Balloon game


Prize giving by Mr Liew, APAC President to balloon game winner.


Prize giving by Mr Aloysius to other winners.




Dinner time....


Lucky draw .....

1st AGM on the formation of Joint Management Body

1. Why the Developer have to hold the 1st AGM of JMB on the Weekday (30th Oct 2008, Thursday) ????
2. Why our dear Developer rejected the proxy voting right who are the co-owners during the meeting????
3. And Why .... our dear Developer gave such a short notice (on 29th Oct 2008, app 5.30pm, which is less than 24 hr prior to the AGM) to the Joint-Purchase to inform the above????

CAN ANYONE ANSWER THE ABOVE QUESTIONS???????

Interpretation of Sec 6(5) of Building & Common Property Act [Act 663] by Lembaga Perumahan Dan Hartanah Selangor

Dear Owners of D'aman Crimson

As we all know, jointly appointed proxy who are the co-owners has been rejected by the developer to cast their vote in the 1st AGM of JMB which held on 30th Oct 2008. The said meeting has been adjourned thanks to the strong objection from the joint purchasers. Sec6(5) of the Building and Common Property (Maintenance and Management) [Act 663] was "unfairly" interpreted by the Developer (in joint purchasers' point of view) that the jointly appointed proxy MUST be a 3rd party.

D'aman Crimson Owners Association ("DCOA or PPDC") has received an official complaint from few joint purchasers (in fact, a police report has been lodged on the above incident by the Joint purchasers). DCOA had taken prompt action and a letter from DCOA dated 10th November 2008 had been given to the Commission of Building and all relevant authorities.

According to DCOA representative, we have now received a letter from Selangor Housing and Property Board dated 25th November 2008 to COB stated their view of the above Section. The following letters which has been translated into English for your reading pleasures....

Translation of the letter from Lembaga Perumahan dan Hartanah Selangor (“Selangor Housing & Property Board”) to Pesuruhjaya Bangunan MBPJ (“COB”) dated 25 November 2008
____________________________________________________________________

ESTABLISHMENT OF JOINT MANAGEMENT BODY FOR D’AMAN CRIMSON APARTMENT
DEVELOPER : CRIMSON COMMERCIAL PARK SDN BHD

I refer to the above matter.

2. This administration following the letter from PPDC, Petaling Jaya dated 10.11.08, was made aware of the complaint regarding the 1st Joint Management Body meeting for D’aman Crimson Apartment as follows :-

i. The developer held the 1st Joint Management Body meeting on 30.10.08 (Thursday, even though this administration deemed the said meeting as cancelled.
ii. On 29.10.08, one day before the 1st meeting to be carried out the development with the confirmation from the COB that the eligibility of joint owners is through a 3rd party proxy. (with reference to the letter dated 29.10.2008)

3. This administration refer to the provision of the Building and Common Property (Maintenance and Management) [Act 663] relating to the 1st Meeting of the Joint Management Body as follow:

i. Notwithstanding subsection (4), joint purchasers shall not be entitled to vote except by way of a jointly appointed proxy

4. Viewing Act 663 especially sub-section 6(5) Act 663 do not specify who is eligible to be appoint as proxy for joint purchaser, this administration is of the opinion that the proxy referred to in sub-section 6(5) Act 663 can be from the joint purchaser or a 3rd party ie a name not a party to the SPA.

5. Hence, on the appointment as a committee member of the JMB only the proxy who is a joint purchaser is eligible to be a committee member. A 3rd party proxy can only vote at the 1st Joint Management Body meeting and is not eligible to be a committee member.

6. Further, the said joint purchaser must have settled the maintenance charges relating to their parcel. This is in line with the provision of sub-section 6(2) of Act 663 that stipulated that members eligible to vote are those who have paid their maintenance charges.

7. The main objective of Act 663 is to protect the rights and to give power to the purchaser to determine the maintenance mechanism and jointly manage the property within their development. For this reason, this administration is of the opinion the developer has to comply with sub-section 5(2) of Act 663 to have the 1st JMB meeting for D’aman Crimson Apartment on a non-working day to enable the purchasers attend the said meeting. Other than this, it is proposed the proxy form be sent together with the notice calling the 1st meeting.

8. The administration draws the attention of YBhg Dato the provision of sub-section 5(1) Act 663 “It shall be the duty of the developer to convene the first meeting of all purchasers.” The provision of sub-section 5(1) Act 663 do not interpret that the first meeting has to be carried out by the developer or the purchaser. Regretfully, no where in Act 663 that clearly explain the procedures of the 1st meeting. In view of this, to ensure the smooth running of the 1st meeting and the objective of the establishment of the Body is achieved, the purchasers and the developer to determine unanimously the chairman for the said first meeting.

9. This administration requests the cooperation of YBhg Dato as Commissioner of Building for this area to appropriately advise and instruct the developer on the proceeding of the said 1st meeting. This is to ensure the purchasers of D’Aman Crimson Apartment obtain their rights and power as provided in Act 663.

10. YBhg. Dato’s cooperation and early attention is appreciated.


DATIN PADUKA ALINAH AHMAD

C.C. D’Aman Crimson Owners Association

Should you have any question on the above, please feel free to post your comment on this blog or email us at dcownersass@gmail.com , DCOA will revert to you as soon as possible.

Soil Erosion from the slope at car park next to Damai Block

During the heavy downpour 2 weeks ago.., there was soil erosion and mud water flowing down the slope at the car park next to Damai block. It turns part of the car park into a muddy river. If this continues, we fear that the slope will collapse and this will damage cars in the car park. What action is to be carried out by our dear Developer?????

1st AGM on the formation of Joint Management Body news posted in Sin Chew on 1/11/08 (excluding Photos)

Proxies for Joint purchasers protesting (Stand at the back) as they have been disqualified by Developer for your voting rights.

Lawyer from the Developer explained to owners why they are not eligible to vote. Owners feel that their rights have been infringed.


聯名業主代表不能投票引不滿‧景順閣聯管機構會議流會
2008-10-31 22:26
（雪蘭莪‧八打靈再也）靈市景順閣聯合管理機構（JMB）首次會議，因許多聯名業主授權代表（proxy）不能投票一事，導致居民與發展商僵持不下，會議最終流會。
居民透露，發展商是遲至週三（10月29日）下午才發函告知，聯名業主必須一同委任第三者投票才算有效，如果是其中一方業主委任另一方，就不能在會議中投票。
單名業主不受影響
這使到聯名業主強烈不滿，造成定於週四（10月30日）下午2時30分開始舉行的會議，遲遲無法開始，不獲準進行投票的居民站在後面，發出連連的鼓噪聲。不過，單名產業的業主則不受影響。
另有居民透露，有些居民簽到時，才發現已經有不知名人士簽了名，成為他們的投票代表，發展商卻不愿透露到底所謂的代表是誰，業主也無從查詢。
會議延至4時30分仍選出大會主席，居民與發展商各自擁有一名屬意人選，雙方僵持不下，最后在大部分出席者的同意下，在下午4時50分正式宣布會議結束。
現場出席人數約有300人。
廖威鳴：發展商29日才通知沒時間委任新代理
八打靈再也居民協會聯合會主席廖威鳴表示，發展商早前致函建筑物專員（COB），查詢聯名業主是否必須共同委任第三者擔任投票代表，官員的答復后，發展商才在10月29日通知業主，造成業主沒有充足時間給予后者委任新的代理人選。
“另外，居民要委任我主持會議，可是還有一名自稱發展商委任的大會主席人選也堅持要主持會議，因而引起居民的強烈不滿。
“根據建筑及共同擁有財產（維修及管理）法令663的第6（6）條款，投票時如果出現擁有同樣票數的情況，大會主席擁有決定性的一票，我是居民委任的投票代表，擁有投票權，但是對方卻沒有。”
他表示，發展商將通知建筑物專員流會一事，以另擇日期舉行會議。
“我希望建筑物專員能選擇一個更好的日期，如周末，讓更多居民可以出席，同時也希望聯名業主的投票代理問題，能夠盡快獲得解決。”
楊家發：居民誤解授權投票
景順閣管理層產業經理楊家發（譯音）表示，聯合管理機構（JMB）首次會議是在適當的程序下進行，只是居民在授權投票代表的問題上出現誤解。
不過，記者之後欲向他再了解更多詳情，他匆匆離開，不愿多談。
阿羅修：雙方同意結束會議
梳邦國會議員西華拉沙政治秘書阿羅修在會議結束後也表示，會議的問題是針對投票代表的爭議，而會議在雙方同意的情況下結束，這是民主的表現。星洲日報／大都會‧2008.10.31