Open Letter to Berjaya Times Square Management and Developer: Michael Zsolt Moricz - Part 3

5. Para 8 - "JMB will utilize the sinking fund for next year to meet any shortfall in the operational costs". Although section 24 (d) states "any other expenditure as the Committee deems necessary, all the owners still maintain that prior approval is necessary from all owners/purchasers as section 24(d) does not provide JMB the sole and absolute power or rights to the JMB to abuse this provision to exempt, mitigate or cover the shortfall in the operational costs that had been incurred by the Developer over the past 5 years and done at the expense of all the other owners and purchasers. The developer and JMB are statutorily duty bound to present the year to date audited accounts and seek proper consultation and prior approvals from all the owners/purchasers of this Strata Title Building. The JMB cannot allow or approve a non independent Auditor to audit and certified the accounts especially so when there were already so many real and serious complaints officially lodged against the Developer.

6. Any increase in Service Charges has to be deliberated and tabled at the JMB meeting and to be approved by all purchasers and members. Until to date, the Owners have yet to receive any audited accounts for the Building Maintenance Account for the past five (5) years from 2003 to 2008 from either the Developer or JMB for the Owners verification, certification and adoption. (Although the Berjaya TS Management Sdn Bhd corporate accounts were shafted down by to all the Property Owners on 27th May, 2009). Please be reminded that abetment in any criminal conflict of interest breaches is a serious offence. Hence, your arbitrary implementation and pre-approved increase in the monthly service charge and sinking fund effective 1st January 2009 without any prior official approval by all the Owners is not only unacceptable by me and all owners but unlawfully implemented.

7. Last Para - "Income and expenditure will be posted at the notice board of our office for inspection" - (please note that there must be a detailed breakdown for each revenue and cost components for the past five (5) years and not aggregate numbers only). To date, these accounts have not been duly audited and certified by an independent and approved auditor although promised by Mr. Chan Kien Seng (The Chairman of Matrix International Berhad) and who was also the chairperson of the 1st Joint Management Body meeting on the 15th August 2008. I request for an independent Auditor to conducted and in depth audit into all the years of accounts.

8. In addition to the above, please therefore provide me with the following year-to-date information on the Building Maintenance Account of this Strata Title Building soonest as your increased in the serviced charges has afected me and my property in Berjaya Times Square tremendously.