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jan tomaswaki
02-01-2012, 08:55 PM
Just now ,we visit a friend in Goodyear Court 10,apparently we heard a group of residents obtain a court order to confiscate all documents in their management office for investigation of maybe CBT . Looking at the notice board MPSJ has call for the EGM next week.My question is if they were found to commit the CBT what happen next.Anyone in the legal circle explain further?Just curious to know...;)

fRaNkY
03-01-2012, 12:31 AM
Probably get an auditor to check the accounts then file a police report if there is a case.

Not surprising....

SiangMalam
03-01-2012, 01:35 AM
Well, it meant a group of residents must have taken the initiative and file a suit against the management for CBT and their lawyers have obtained a court order to seal the office of the management and required the management team now not to enter the building and will seize the documents. BUT not so quick, the management team can now also hire lawyers to challenge and set aside this court order. It is going to ne a long drawn out affair if the management team seek the court to set aside the order... So its gonna be a battle royale unless one side do not fight and the court will then make a final judgement..

jan tomaswaki
03-01-2012, 08:00 AM
rumour has it that the management has purchase alot of thing that is above selling price,if what SM say it will be a long drawn out affair ,who is paying the legal fees for defending the committee.before that who is going to manage the building during this time and with the accounts frozen,who is going to pay the salaries ?

mykern
03-01-2012, 10:53 AM
CBT means Criminal Breach of Trust (in case you didn't already know).
It means that what ever fees that were collected from the residents were used for improper purposes or purposes outside the mandate of the management committee who runs Court 10.
The documents confiscated can show if the allegations were true.
The mangement committee's scope of work is guided by the Strata Titles Act and so, the documents could reveal if there were any abuse of power.
The word 'criminal' is used because, if found guilty, they would be jailed, a just punishment to some, as they will have been charged under the Penal Code.
If the civil route is taken, damages (or money) are awarded by the courts.
So it would be better to get a criminal verdict, just as stealing or embezzlement is a crime!~
Khap!~

Rhiga
03-01-2012, 11:50 AM
Just now ,we visit a friend in Goodyear Court 10,apparently we heard a group of residents obtain a court order to confiscate all documents in their management office for investigation of maybe CBT . Looking at the notice board MPSJ has call for the EGM next week.My question is if they were found to commit the CBT what happen next.Anyone in the legal circle explain further?Just curious to know...;)

Jan,

I was a member of a condo’s JMC before, and during my tenure as a commitee member the JMC was sued by a resident who was not happy with a penalty/action imposed on him based on House Rules.

A few things to note:

• COB (commissioner of building) will take over the running of the property when the management (JMC or MC) cannot perform or is not allowed to perform the job.

• If the management did not purchase insurance to indemnify the JMC/MC from law suit, then whatever legal fee and other fees will be paid by the resident's fund. This is a disaster to the operating fun of the management. The damage can be easily in the range of few hundred thousands.

• Unless the annual audited financial reports from accredited audit firm suggests fraudulent financial practices, the management committee is not obliged to answer or entertain any inquiry on how the money is utilized.

• Those who take legal action against the management committee (without substantiated evidence) is not doing any help to the overall welfare of the resident association. The beneficiary is the law firm.

jan tomaswaki
07-01-2012, 04:55 PM
Seems like there is a "war" going on between 2 parties.Saw some banners putting on the roadside this morning as i pass by,what's going on?Anybody have any idea?My friend staying in Court 10 is in overseas for some urgent matters,can't contact him.