Open Letter to Berjaya Times Square Management and Developer: Michael Zsolt Moricz - Part 1

From: Michael Zsolt Moricz, Berjaya Times Square Service Suite
To:
a) Berjaya Times Square Joint Management Body, Lot 08-20, P.O.Box 08-33, Level 8, Berjaya Times Square, No. 1, Jalan Imbi, 55100 Kuala Lumpur
Attention: Mr. Tan Mun Choy (Chairman)
b) Berjaya Times Square Sdn Bhd, Corporate Office Lot 08-16, P.O.Box 08-23, Level 8, Berjaya Times Square
Attention: Mr Rayvin Tan Yeong Sheik , Mr. Chan Kok Wah, Ms Kathleen Leong

Subject:
1) Increase of Service Charge and Sinking Fund effective 1st January 2009
2) Five (5) Years Audited Accounts From the Year 203 to Year 2008

I refer to your letter dated 18 December 2008. I am the property Owner of two (2) Berjaya Times...... and I object to the following points raised by you:

1. Para 1 "JMB had perused the accounts forwarded by the developer and we found that the service charges collected is insufficient to meet its obligations in the operation and maintenance of Berjaya Times Square (BTS)". Please advise me whether the accounts presented to you by BTS have been audited and certified by an independent auditor in compliance with all the statutory provisions of the Building and Common Property (Maintenance and Management) Act 2007. ("Act 2007"). Whether or not the accounts provided by BTS have fully taken into consideration the following collections over the past 5 years from 2003 to 2008.
a) Office Rents collected from BTS for occupying and using the 2nd plot of land as BTS's office over the five (5) years.
b) Car Park Charges for the 4,500 car parks.
c) Advertising Charges on common walls and spaces paid by the Advertisers
d) Rents from the Main Entrances, Lobbies, Concourse Areas and Common Spaces rented to Events Organiser and Promoters.
e) Rents collected from the rental of Common Properties especially from the JoJoBa Spa operators for occupying our 15th Floor (Facilities Floor) Gymnasium area, common properties and our business centre offices.
f) Fees collected from the Public for selling membership to the general public and allowing other third parties using our swimming pool, squash courts, steam, sauna and other amenities as per BTS's printed brochures.
g) For more details on the accounts and accountability, please refer to the various complains officially loged with BTS and the JMB in their Briefs submited to BTS and JMB during the 1st JMB Meeting on the 15th August, 2008.