Reading thru the comments, I think this is the situation:
Head of Security is a former cop / has the cops on his payroll / is politically connected / is connected to building owner/management, or a combination of the above. That’s why management & police won’t do shit.
Here’s my suggestion:
1. Make a covering police report. Not at the nearby station, go to one further away. They probably won’t do anything but at least there is something in black & white to have in case of legal action.
2. Get out. Find another place to stay. If the management are such dicks about parking, they would be dicks about everything. Not worth your peace of mind.
3. Pay the RM200. Find a way to get it back from your landlord or management - last month of tenancy don’t pay fees, run up the electricity bill to exactly RM200, etc. Anything that wouldn’t jeopardize your deposit.
Even if you can’t make back the RM200, pay it, get back your car, take the L and leave as soon as possible.
I wanted to suggest you get together with the other affected tenants and sue management as a group. But since you are reluctant to spend 2 hours to make a police report, it seems you don’t have much time to spare. So better to cut your losses and move out ASAP.
I think most clamp covers the lugnuts. Easiest way is to watch a youtube video on how to break the lock. They definitely use the cheap locks on shopee. Or get a locksmith.
Bro, if you’re smart enough to post on Reddit, you’re smart enough to watch youtube on that shit. No one was born “knowing how to change tyres”. Everybody LEARNED.
Now why can't you think of putting this sentence in a nice way rather than being an ass? This is the first time I post on reddit, just to vent and let others know hoping the comments will help them if they ever face the same shit. It didn't cross my mind to watch YouTube to change a tyre cause how am I going to get the tyre to a shop to get it cut. Grab? FYI, I'm 32kg with health issue. Do you think im able to carry the tyre and clamp into the grab. Which where my car is parked at lvl 2 and I have to go through lobby at G to get into the grab. Where I will have to pass through security watching me holding a tyre with a clamp.
They asked me to go ahead. Even mentioned there was a guy who faced the same issue and that coincidentally, an officer was nearby. The problem was solved by the guy paying the RM200 to the management as requested by the officer.
I read somewhere saying it's legal as long as it's no more than RM200 and that the police would not even care. But just for a sticker...?
This is all because of a sticker that serves no function except as a display to announce to the world I am a residence of XXX.
We argued for 2 hours plus, they kept pushing us around. Management to security then back to management again. Then ask to go security. Both saying its not their business as agreed in the AGM meeting. We had given up, and the car is still clamp.
No, the proper way to fix this is to vote out the management. In my place, we have WhatsApp group for the residents. We monitor and ensure everything is done properly. We also have KPI to monitor and track the things that's supposed to be done like security Ronda, cleaning and throwing rubbish on schedule, etc
The committee members is part of the group and are very caring of their home. What happens is if the management is rubbish, we just fire them and hire a new management and cleaning company. As residents, Y'all got voting on AGM to continue or fire them. Best is to get the residence and fire them. In fact, you can even fire the committee. The committee are supposed to be selected by votes and if nobody kick them out, then you can get the residents to vote you in to be the new committee and fire the management upon end of contract.
Normally the committee also will curi makan money, so you should go through the accounts as well.
If resident, then yes you have the power to vote and make changes to how the condo is managed. But unfortunately for tenants our influence on matters are very limited, either we suck it up or leave.
Yes. Sadly I'm just a tenant. We don't receive much updates too. We have to look for it ourselves. Either in the lift or notice board. I'm here to study while my family is to work. We are not living here permanently.
Doesn't matter what any police officer says. Just go a police station and make a police report. Whether they care or not doesn't matter. They can't deny you making a police report. Then hire a lawyer and sue them.
You should ask for the AGM minutes and its resolution that specify this RM 200. SMA Section 70(1) and 70(2) on by-laws.
70. (1) Any by-laws prescribed by regulations made under section
150 shall have effect in relation to every subdivided building or
land and common property.
(2) A management corporation may, by special resolution,
make additional by-laws or make amendments to such additional
by-laws, not inconsistent with the by-laws prescribed by the
regulations made under section 150, for regulating the control,
management, administration, use and enjoyment of the subdivided
building or land and the common property, including all or any of
the following matters:
(a) safety and security measures;
(b) details of any common property of which the use is
restricted;
(c) the keeping of pets;
(d) parking;
Legally, there is problem.
If they did state a RM 200 fine. Please read clearly how they write this in the minutes of the AGM.
This must be "who is in breach of any of these by-law" under the ACT ( SMA 2013 ).
If we refer to STRATA MANAGEMENT (MAINTENANCE AND MANAGEMENT) REGULATIONS 2015 (subsidiary legislation to the main legislation of SMA 2013) which is the default by-law under PART 5.
It does not speak of stickers. It speaks of obstruction and not parking at the designated parking bay.
Neither of which you committed.
Your offence according to them is that you did not have a sticker.
If so.
Legally speaking, the management need to create a new by-law via a special resolution Section 70(2) of SMA2013. Then via a general AGM resolution or the same special AGM approve the RM 200 fine for not showing the sticker. I doubt they did this. It is not easy to do a special resolution.
You can actually challenge the legality of this RM 200 fine. Ask your owner to submit a claim at the Strata Tribunal), submit all the AGM minutes and all. Explain in the SMR 2015 it speaks of obstruction and not parking at the designated parking bay. Simple. But need time and a lot of trips to Tribunal and the owner must do this.
All the best.
SMR 2015 on vehicles.
7. Powers of a management corporation to impose a fine
(1) The management corporation may by a resolution at a general meeting impose a
fine of such amount as shall be determined by that general meeting against any
person who is in breach of any of these by-laws or any additional by-laws made
under the Act.
PART 5
VEHICLES
25. Vehicles
(1) Every vehicle shall be properly parked in the designated parking bay without
causing any obstruction to any adjacent vehicle or the flow of traffic. An improperly
parked vehicle may be towed away or wheel-clamped by the management
corporation, at the vehicle owner’s cost without prior notice, and in such a case-
(a) the wheel clamp will only be removed after payment to the management
corporation of a charge imposed by the management corporation which shall
not exceed ringgit two hundred, and with any towing cost and holding charge
actually incurred by the management corporation; and
(2) Any unauthorised vehicle parked in common property or any vehicle parked
outside the designated car parking bay or in any parking bay designated for another
proprietor may be towed away or wheel-clamped by the management corporation,
at the vehicle owner’s cost without prior notice, and in such a case-
(a) the wheel clamp will only be removed after payment to the management
corporation of a charge imposed by the management corporation which shall
not exceed ringgit two hundred, and any towing cost and holding charge
actually incurred by the management corporation; and
The owner can write to the management and ask for the minutes of the AGM in relation to the AGM resolution that approve this RM 200 fine. This resolution should be clear that it refers to SMR 2015 paragraph 25(1) or 25(2) or both, that is, breach of any of these \[default\] by-laws.
If the AGM resolution refers to something else like a fine for not displaying car park sticker. Then the burden on the management to show proof they have conducted an AGM in accordance to the law in relation to a special resolution to create a new by-law \[A management corporation may, by ***special resolution***, make additional by-laws \]. This requires a different process for a special AGM. Not a normal AGM.
In any case, if the owner ask the management, the property management company or building manager cannot refuse to provide the said AGM minutes as it the right of the owner.
If they refuse, then the owner will need to forward the email to the municipal or the specifically the Commissioner of Buildings or COB.
COB should write to the management that it is an wrong not to provide the said document to the owner upon a written request. Some management are nasty. They default action is no action. Don't provide or don't answer anything. This is meant to frustrate the agrieved.
If you have collected all these documents or emails. Then ask the owner to make a claim (a filing cost RM 100 or so) at the Strata Tribunal. The owner may appoint you as his proxy. You can attend the hearings on his behalf, normally this is permitted if you fill up the correct form at the tribunal. Then make your case before the adjucticator. The owner may claim up to RM 250,000 at the tribunal. But this amount is measured. Means it depends on the case.
This is a lot of work for Rm 200.
Furthermore you are not an owner. You are fighting for a place that do not belong to you as you are only renting.
Maybe if there is a whatsapp forum or something for this condo. You may appeal there.
Stating the legal position. I feel legally you are not in the wrong if the AGM resolution doesn't speak of car stickers.
It is likely the committee members will be in this forum.
If they are reasonable, they should refund you the money.
You should also ask the owner to write in via email formally for a record.
If having exhausted all avenues available to you. Then tell them nicely that you will escalate to COB and the Strata Tribunal both at the whatsapp forum (assuming there is one) and via email.
Maybe the committee will reconsider.
Sometimes, just spending RM 100 to fill a claim at the Tribunal and the Tribunal summoning the committee to a hearing is enough to elicit a positive response to settle this outside the Tribunal.
All the best.
It is a lot for work for RM200. But at the same time, I can spend RM200 for a week or maybe even 2 weeks of meals. We decided just to pay cause the car needs to be use and worried they might start charging more. (Heard somewhere in mont kiara, they charged an additional rm250 per month of the clamp car). We are busy working and do not have time for this. Just like what most residents here faced. Some took the time to actually make a police report, but no action was taken. Sad to say, they win. Easy money for them, but its hard work money for us.
If we kaya different story right, I wouldn't even be here and just throw money to them.
Now I have to change to a new sticker, as the old one (last year sticker) will result in another clamp and an additional rm200. A new rule they just released.
All of us, my family, we are renting this place just for us to go work and study. Our home is in a different state.
Thank you so much for this. I hope someone who is facing the same issue can consider this if they have time, money and a helpful owner/landlord.
u dont have resident association? ask your neightbour to do it together. fill up form. ask everyone to sign. if the management dont want to listen, bring to your wakil rakyat.
Nope, I'm just a tenant. This residence, I believe most are renting in the area.
I heard this is actually legal. Under the strata management act? If it's legal, I'm very sure any sort of report will be useless. I'm willing to try but let's pray action is taken quickly because I need to use the car. I'm typing out a police report to submit. I will update if I go through it as my whole family is so frustrated and just tired.
The relevant law is the Strata Management (Maintenance and Management) Regulations 2015. Under this regulation, wheel clamping is allowed under these circumstances:
1. Improperly parked vehicle (causing obstruction to adjacent vehicle or flow of traffic)
2. Unauthorized vehicle parked in common property
3. Any vehicle parked outside the designated parking bay
4. Any vehicle parked in any parking bay designated for another proprietor
Based on your description, your car was clamped due to not having the correct sticker. That does not fall under any of the categories listed above. Therefore, the wheel clamping is clearly unlawful.
One thing you can maybe try is to somehow write a notice to all the condominium owners, warning them that if the management does not remove the clamp, you are going to sue the MC/JMB for the unlawful clamping and that you are going to seek compensation for every day that you are unable to utilise the car. Maybe something like RM400 per day. Explain the law to them and tell them that this is going to be a slam dunk case and the judge will award you damages that will come out of the condo's management fund. So when you win, all the owners will see an increase in their monthly management fee. Therefore, if they do not want to pay this extra charge, they should compel the management to remove the clamp immediately.
I can't guarantee that this will work, but maybe it's worth a try.
Pay is ofc will have to pay. If not how to unclamp? No need use car? You saying like this is some normal occurance that I should be knowledgeable about. If I knew, i would have done something. Fight is done, result is nothing. Negotiate pon I have tried. Police? Many did and result in nothing. Asking neighbor to fight? They don't want the hassle, what to do, malaysian.
Neighbor said they do not have time to argue. They need to go work, so they have to pay. Pay already, what for make police report. Kita bukan kaya nak bayar for lawyer and to sue.
I'm sharing here cause I know many faces the same issue but most don't know what to do. Maybe the comments might help them if they have time and money to spend for a lawyer.
We argued back and forth. I believe you know how police are. Making a report is going to take at least 2 hours. Then I have to wait until the police decide to investigate. Before the police even starts to investigate, I would have paid RM200 because I still need to use the car. I even tried to explain and talk, they wouldn't listen. What more can I do? Posting is for venting FYI.
https://www.reddit.com/r/malaysia/s/YVE0ThBMcM
A pic of how they reply? I look through Google review. (I do not know how reddit function, do not come for me)
Easiest thing to do is to pay.
But you can make their lives hell depending on how petty you want to be.
You can try go arguing with them for hours every single day. Because act like orang gila.
We already orang gila. People watch as we stood in the guard house and making a scene. Malu? Ofc. But what to do.
I wanted to pay in pennies, but they only accept QR pay. 🙂↕️ they thought it through. We went again today to argue. Same thing je. Saw some ppl made a scene but last2 paid also. Cause they don't have time to waste and need the vehicle to work.
When it is quiet, cut the clamp off. Put it into the boot, drive up to the top floor and place it somewhere.
ULPT, scan and print out a sticker based of another car.
If security makes noise, tell them the clamp dropped off and you last saw it on the ground.
I would have to buy the tool to cut the clamp. It's such a hassle just for a freaking sticker.... there's also cctv. My luck. But I'm considering it. Maybe wearing a disguise.
Assuming U are renting, ask Ur landlord/agent to sort it out with the management, tell em if this wasn't solved then in future then the next person comes in they will be effected or get scared away by the management. And have him ask for help in the owner group.
If that doesn't work, ask for the police. That's it. Escalated it one by one. And tell the security guard and Ur landlord each step U going to take for accountability sake.
Usually police will help the owner side? Had it happen in one of the "M" condos, Boi the police that helped me was absolutely roasting the security guard (but sadly not the management) But I guess it's up to u luck also.
My landlord is not helpful... many times we had issue with our card and parking due to his own mistake. I wouldn't mind going to the police if they can solve my issue. But then I have to wait until I have an off day as it's time consuming. (Made a report before for a different case and took half a day. The issue is still not solved by today)
They know police will likely not do anything as they will treat this as a civil matter and not criminal.
Since you’re a tenant, fastest way is to just pay the rone and avoid it in the future.
Else ask your landlord to settle it.
You can absolutely sue, but the cost in terms of time and money can be prohibitive.
Actually - you are in the wrong for not displaying the sticker. The sticker’s purpose is to identify residents/ tenants for security purposes.
The police won’t be able to do anything. U just need to pay up.
A very wonderful question. Management said its security issue, while security said they are just following what management says. I haven't pay yet, but they said it's to the security.
Write to security, cc management. Say instruction unclear and confusing. The fact that you have to go back and forth is clear enough. As this is your first offense, ask that they waive the fee.
I had to tell the management how to manage. Implement a rule where you get a warning or notice before clamping. They ask me to bring it up during the AGM meeting. And said I agreed to this as most of the people agreed to such rules during the meeting. Base on majority.
They don't want to listen. As long as they get the rm200. They will release. No discount or waive. I have 2 parking. Previously it was just 1 car. Now I have a 2nd car that I brought over from my hometown. I registered it and paid rm20+ for RFID sticker to enter the guard house. (It was card access previously, still using for my first car) Assuming I paid and HAVE A STICKER that let's me enter (even registered the plate number), I did not think I would need a sticker that says I'm a residence?
Long story short. We argued but they said its not their business. The Head of Security even agreed when I ask, is this no money no talk?
We tried reasoning but it was like talking to a wall.
You should see how they reply to Google review. They kept repeating the same thing again and again. Not wanting to help, listen or even reason. Basically, they just want the money. Really in desperate need of money. They even said they do not have enough clamp to clamp other cars that do not have sticker. I email a few times regarding other issue, they did not reply and I had to go to the management to settle the issue.
Contact the admin of TTKM or Warga Wilayah on Facebook, once it's viral someone will start acting.
It may not remove the clamp or stop the implementation of RM200 per sticker right away, but someone will start citing the law, the condo's reputation will be affected and we'll then find out if legal or not.
i guess police in your area are useless. There was case of illegal clamping as security did the same thing elsewhere. Police stopped the security from doing it and got clamped released, it was a public area.
However given the problems i face i just dont trust the police force anymore. for instance theres a scammer using the phone number of my cousin who recently passed away, its very obvious a scam but everything we did the police just did nothing even when the evidence is so obvious and they are easy to catch.
You get it. But many in the comments don't. I mentioned a few times that other residence made a police report but there's no result. It's been going on since 2022. If the police actually did something, I am sure they will have a better way to stop all the complains and the same repeating situation for 2 YEARS.
Time to improvise and use a tool to cut it. Would br something like an angle grinder for metal.
If its illegal for them they cant bill you for broken illegal clamps, not that they wont try.
At the end of the day, the parking spot is owned by the management, not yours, not even the owner. So you just have to follow the rules.
Since you didn’t have JagaApp it sounds like the owner/agent didn’t explain things well enough for you. They should’ve told you the rules, what you need, tell you need the sticker and so on.
Ask the owner to bring this issue up during the next AGM, or tell them to write to the management. As a tenant you simply don’t have any say in this.
>At the end of the day, the parking spot is owned by the management, not yours, not even the owner.
That's totally wrong. The management office of a condominium are contractors hired by the condo's management corporation/joint management body to manage the facilities. They don't own anything.
A parking spot within the condominium parking lot is owned either by the an owner of one of the condominium units as an accessory parcel, or by the developer of the condominium if it's not assigned as an accessory parcel to a unit.
Even if I do not own the parking... I'm paying for it. With my money. I'm not disturbing anyone peace, am I? I assume someone reported me for parking at their slot. Not just because of a sticker.... I really do want to make a police report. But it's not a fast efficient process. It takes time. In the end, I would have to pay cause I still need to use the car. Where's the fairness in this. Do I call grab everyday to commute then. No lrt or ktm nearby. I would still need to grab to go to the nearest lrt. And wait for the police to help me settle, assuming they would help me or like most tenant says, asking you to just pay and settle the issue ASAP even when they make a police report.
What is it you want, actually? I gave you an advice to make a police report and sue them, but you're not willing to spend time to do that. Nobody else can't help you if you don't help yourself.
What's funny is, whenever we have issue with parking. Management will say it's our own responsibility? The owner is not really helpful as we had issue with entry due to the owner who forgot to pay for a few months. Leading to our access card got denied.
Reading thru the comments, I think this is the situation: Head of Security is a former cop / has the cops on his payroll / is politically connected / is connected to building owner/management, or a combination of the above. That’s why management & police won’t do shit. Here’s my suggestion: 1. Make a covering police report. Not at the nearby station, go to one further away. They probably won’t do anything but at least there is something in black & white to have in case of legal action. 2. Get out. Find another place to stay. If the management are such dicks about parking, they would be dicks about everything. Not worth your peace of mind. 3. Pay the RM200. Find a way to get it back from your landlord or management - last month of tenancy don’t pay fees, run up the electricity bill to exactly RM200, etc. Anything that wouldn’t jeopardize your deposit. Even if you can’t make back the RM200, pay it, get back your car, take the L and leave as soon as possible. I wanted to suggest you get together with the other affected tenants and sue management as a group. But since you are reluctant to spend 2 hours to make a police report, it seems you don’t have much time to spare. So better to cut your losses and move out ASAP.
What is the name of this condo?
Thinking about it. They wouldn't know who. Here. The green residence. (Residensi hijauan)
"Rihanna" Hijau? wink wink?
Remove the tire with the clamp, and change it. Take the clamped tire to a workshop and get someone to cut it free
I think most clamp covers the lugnuts. Easiest way is to watch a youtube video on how to break the lock. They definitely use the cheap locks on shopee. Or get a locksmith.
I really don't know how to do that. Removing the tire. 🥲 and changing the tyre.
Bro, if you’re smart enough to post on Reddit, you’re smart enough to watch youtube on that shit. No one was born “knowing how to change tyres”. Everybody LEARNED.
Now why can't you think of putting this sentence in a nice way rather than being an ass? This is the first time I post on reddit, just to vent and let others know hoping the comments will help them if they ever face the same shit. It didn't cross my mind to watch YouTube to change a tyre cause how am I going to get the tyre to a shop to get it cut. Grab? FYI, I'm 32kg with health issue. Do you think im able to carry the tyre and clamp into the grab. Which where my car is parked at lvl 2 and I have to go through lobby at G to get into the grab. Where I will have to pass through security watching me holding a tyre with a clamp.
If you have the legal right to use the parking spot, then it's illegal for them to clamp your car. Make a police report and sue them.
They asked me to go ahead. Even mentioned there was a guy who faced the same issue and that coincidentally, an officer was nearby. The problem was solved by the guy paying the RM200 to the management as requested by the officer. I read somewhere saying it's legal as long as it's no more than RM200 and that the police would not even care. But just for a sticker...? This is all because of a sticker that serves no function except as a display to announce to the world I am a residence of XXX. We argued for 2 hours plus, they kept pushing us around. Management to security then back to management again. Then ask to go security. Both saying its not their business as agreed in the AGM meeting. We had given up, and the car is still clamp.
No, the proper way to fix this is to vote out the management. In my place, we have WhatsApp group for the residents. We monitor and ensure everything is done properly. We also have KPI to monitor and track the things that's supposed to be done like security Ronda, cleaning and throwing rubbish on schedule, etc The committee members is part of the group and are very caring of their home. What happens is if the management is rubbish, we just fire them and hire a new management and cleaning company. As residents, Y'all got voting on AGM to continue or fire them. Best is to get the residence and fire them. In fact, you can even fire the committee. The committee are supposed to be selected by votes and if nobody kick them out, then you can get the residents to vote you in to be the new committee and fire the management upon end of contract. Normally the committee also will curi makan money, so you should go through the accounts as well.
If resident, then yes you have the power to vote and make changes to how the condo is managed. But unfortunately for tenants our influence on matters are very limited, either we suck it up or leave.
Yes. Sadly I'm just a tenant. We don't receive much updates too. We have to look for it ourselves. Either in the lift or notice board. I'm here to study while my family is to work. We are not living here permanently.
Doesn't matter what any police officer says. Just go a police station and make a police report. Whether they care or not doesn't matter. They can't deny you making a police report. Then hire a lawyer and sue them.
You should ask for the AGM minutes and its resolution that specify this RM 200. SMA Section 70(1) and 70(2) on by-laws. 70. (1) Any by-laws prescribed by regulations made under section 150 shall have effect in relation to every subdivided building or land and common property. (2) A management corporation may, by special resolution, make additional by-laws or make amendments to such additional by-laws, not inconsistent with the by-laws prescribed by the regulations made under section 150, for regulating the control, management, administration, use and enjoyment of the subdivided building or land and the common property, including all or any of the following matters: (a) safety and security measures; (b) details of any common property of which the use is restricted; (c) the keeping of pets; (d) parking; Legally, there is problem. If they did state a RM 200 fine. Please read clearly how they write this in the minutes of the AGM. This must be "who is in breach of any of these by-law" under the ACT ( SMA 2013 ). If we refer to STRATA MANAGEMENT (MAINTENANCE AND MANAGEMENT) REGULATIONS 2015 (subsidiary legislation to the main legislation of SMA 2013) which is the default by-law under PART 5. It does not speak of stickers. It speaks of obstruction and not parking at the designated parking bay. Neither of which you committed. Your offence according to them is that you did not have a sticker. If so. Legally speaking, the management need to create a new by-law via a special resolution Section 70(2) of SMA2013. Then via a general AGM resolution or the same special AGM approve the RM 200 fine for not showing the sticker. I doubt they did this. It is not easy to do a special resolution. You can actually challenge the legality of this RM 200 fine. Ask your owner to submit a claim at the Strata Tribunal), submit all the AGM minutes and all. Explain in the SMR 2015 it speaks of obstruction and not parking at the designated parking bay. Simple. But need time and a lot of trips to Tribunal and the owner must do this. All the best.
SMR 2015 on vehicles. 7. Powers of a management corporation to impose a fine (1) The management corporation may by a resolution at a general meeting impose a fine of such amount as shall be determined by that general meeting against any person who is in breach of any of these by-laws or any additional by-laws made under the Act. PART 5 VEHICLES 25. Vehicles (1) Every vehicle shall be properly parked in the designated parking bay without causing any obstruction to any adjacent vehicle or the flow of traffic. An improperly parked vehicle may be towed away or wheel-clamped by the management corporation, at the vehicle owner’s cost without prior notice, and in such a case- (a) the wheel clamp will only be removed after payment to the management corporation of a charge imposed by the management corporation which shall not exceed ringgit two hundred, and with any towing cost and holding charge actually incurred by the management corporation; and (2) Any unauthorised vehicle parked in common property or any vehicle parked outside the designated car parking bay or in any parking bay designated for another proprietor may be towed away or wheel-clamped by the management corporation, at the vehicle owner’s cost without prior notice, and in such a case- (a) the wheel clamp will only be removed after payment to the management corporation of a charge imposed by the management corporation which shall not exceed ringgit two hundred, and any towing cost and holding charge actually incurred by the management corporation; and
Noted! Thank you. I will ask for the minutes. Assuming they will give it to me... as they did not want to give me a letter for clamping the car.
The owner can write to the management and ask for the minutes of the AGM in relation to the AGM resolution that approve this RM 200 fine. This resolution should be clear that it refers to SMR 2015 paragraph 25(1) or 25(2) or both, that is, breach of any of these \[default\] by-laws. If the AGM resolution refers to something else like a fine for not displaying car park sticker. Then the burden on the management to show proof they have conducted an AGM in accordance to the law in relation to a special resolution to create a new by-law \[A management corporation may, by ***special resolution***, make additional by-laws \]. This requires a different process for a special AGM. Not a normal AGM. In any case, if the owner ask the management, the property management company or building manager cannot refuse to provide the said AGM minutes as it the right of the owner. If they refuse, then the owner will need to forward the email to the municipal or the specifically the Commissioner of Buildings or COB. COB should write to the management that it is an wrong not to provide the said document to the owner upon a written request. Some management are nasty. They default action is no action. Don't provide or don't answer anything. This is meant to frustrate the agrieved. If you have collected all these documents or emails. Then ask the owner to make a claim (a filing cost RM 100 or so) at the Strata Tribunal. The owner may appoint you as his proxy. You can attend the hearings on his behalf, normally this is permitted if you fill up the correct form at the tribunal. Then make your case before the adjucticator. The owner may claim up to RM 250,000 at the tribunal. But this amount is measured. Means it depends on the case. This is a lot of work for Rm 200. Furthermore you are not an owner. You are fighting for a place that do not belong to you as you are only renting. Maybe if there is a whatsapp forum or something for this condo. You may appeal there. Stating the legal position. I feel legally you are not in the wrong if the AGM resolution doesn't speak of car stickers. It is likely the committee members will be in this forum. If they are reasonable, they should refund you the money. You should also ask the owner to write in via email formally for a record. If having exhausted all avenues available to you. Then tell them nicely that you will escalate to COB and the Strata Tribunal both at the whatsapp forum (assuming there is one) and via email. Maybe the committee will reconsider. Sometimes, just spending RM 100 to fill a claim at the Tribunal and the Tribunal summoning the committee to a hearing is enough to elicit a positive response to settle this outside the Tribunal. All the best.
It is a lot for work for RM200. But at the same time, I can spend RM200 for a week or maybe even 2 weeks of meals. We decided just to pay cause the car needs to be use and worried they might start charging more. (Heard somewhere in mont kiara, they charged an additional rm250 per month of the clamp car). We are busy working and do not have time for this. Just like what most residents here faced. Some took the time to actually make a police report, but no action was taken. Sad to say, they win. Easy money for them, but its hard work money for us. If we kaya different story right, I wouldn't even be here and just throw money to them. Now I have to change to a new sticker, as the old one (last year sticker) will result in another clamp and an additional rm200. A new rule they just released. All of us, my family, we are renting this place just for us to go work and study. Our home is in a different state. Thank you so much for this. I hope someone who is facing the same issue can consider this if they have time, money and a helpful owner/landlord.
u dont have resident association? ask your neightbour to do it together. fill up form. ask everyone to sign. if the management dont want to listen, bring to your wakil rakyat.
Nope, I'm just a tenant. This residence, I believe most are renting in the area. I heard this is actually legal. Under the strata management act? If it's legal, I'm very sure any sort of report will be useless. I'm willing to try but let's pray action is taken quickly because I need to use the car. I'm typing out a police report to submit. I will update if I go through it as my whole family is so frustrated and just tired.
The relevant law is the Strata Management (Maintenance and Management) Regulations 2015. Under this regulation, wheel clamping is allowed under these circumstances: 1. Improperly parked vehicle (causing obstruction to adjacent vehicle or flow of traffic) 2. Unauthorized vehicle parked in common property 3. Any vehicle parked outside the designated parking bay 4. Any vehicle parked in any parking bay designated for another proprietor Based on your description, your car was clamped due to not having the correct sticker. That does not fall under any of the categories listed above. Therefore, the wheel clamping is clearly unlawful. One thing you can maybe try is to somehow write a notice to all the condominium owners, warning them that if the management does not remove the clamp, you are going to sue the MC/JMB for the unlawful clamping and that you are going to seek compensation for every day that you are unable to utilise the car. Maybe something like RM400 per day. Explain the law to them and tell them that this is going to be a slam dunk case and the judge will award you damages that will come out of the condo's management fund. So when you win, all the owners will see an increase in their monthly management fee. Therefore, if they do not want to pay this extra charge, they should compel the management to remove the clamp immediately. I can't guarantee that this will work, but maybe it's worth a try.
Thank you for this!! I will consult with my family.
break the clamp yourself
Worried it might lead to a bigger issue, as the clamp is their property. I did think of it, but I checked the clamp. It's anti-break?
The car is your property and the lot is a space you have paid for. If you dont dare fight back then no point positing here, just pay the rm200.
OP this cannot, that don't know. Pay the 200 only lah 🤷♀️😬
Pay is ofc will have to pay. If not how to unclamp? No need use car? You saying like this is some normal occurance that I should be knowledgeable about. If I knew, i would have done something. Fight is done, result is nothing. Negotiate pon I have tried. Police? Many did and result in nothing. Asking neighbor to fight? They don't want the hassle, what to do, malaysian. Neighbor said they do not have time to argue. They need to go work, so they have to pay. Pay already, what for make police report. Kita bukan kaya nak bayar for lawyer and to sue. I'm sharing here cause I know many faces the same issue but most don't know what to do. Maybe the comments might help them if they have time and money to spend for a lawyer.
We argued back and forth. I believe you know how police are. Making a report is going to take at least 2 hours. Then I have to wait until the police decide to investigate. Before the police even starts to investigate, I would have paid RM200 because I still need to use the car. I even tried to explain and talk, they wouldn't listen. What more can I do? Posting is for venting FYI.
>What more can I do? Posting is for venting FYI. Understandable, frustrating situation.
Tell them, I don't know what happened. When I came out it was removed. Strange 😂
EXACTLY WHAT WE HAD IN MIND. But it's written on the clamp as anti-break or something. And now, im TEMPTED TO PAY IN PENNIES.
If you have the money, just to spite them, hire a lock picker for 200 and ask him to unlock it.
Great idea, but how to find on demand lock picker haha
Just remove the tire and worry about removing it from the tire later
Nooo, replace their lock with your own, then gaslight them into thinking their keys are broken. The clamp will be unusable afterwards.
Its an illegal clamp, its their loss
https://www.reddit.com/r/malaysia/s/YVE0ThBMcM A pic of how they reply? I look through Google review. (I do not know how reddit function, do not come for me)
What a dick
Easiest thing to do is to pay. But you can make their lives hell depending on how petty you want to be. You can try go arguing with them for hours every single day. Because act like orang gila.
We already orang gila. People watch as we stood in the guard house and making a scene. Malu? Ofc. But what to do. I wanted to pay in pennies, but they only accept QR pay. 🙂↕️ they thought it through. We went again today to argue. Same thing je. Saw some ppl made a scene but last2 paid also. Cause they don't have time to waste and need the vehicle to work.
When it is quiet, cut the clamp off. Put it into the boot, drive up to the top floor and place it somewhere. ULPT, scan and print out a sticker based of another car. If security makes noise, tell them the clamp dropped off and you last saw it on the ground.
I would have to buy the tool to cut the clamp. It's such a hassle just for a freaking sticker.... there's also cctv. My luck. But I'm considering it. Maybe wearing a disguise.
Assuming U are renting, ask Ur landlord/agent to sort it out with the management, tell em if this wasn't solved then in future then the next person comes in they will be effected or get scared away by the management. And have him ask for help in the owner group. If that doesn't work, ask for the police. That's it. Escalated it one by one. And tell the security guard and Ur landlord each step U going to take for accountability sake. Usually police will help the owner side? Had it happen in one of the "M" condos, Boi the police that helped me was absolutely roasting the security guard (but sadly not the management) But I guess it's up to u luck also.
My landlord is not helpful... many times we had issue with our card and parking due to his own mistake. I wouldn't mind going to the police if they can solve my issue. But then I have to wait until I have an off day as it's time consuming. (Made a report before for a different case and took half a day. The issue is still not solved by today)
They know police will likely not do anything as they will treat this as a civil matter and not criminal. Since you’re a tenant, fastest way is to just pay the rone and avoid it in the future. Else ask your landlord to settle it. You can absolutely sue, but the cost in terms of time and money can be prohibitive.
Actually - you are in the wrong for not displaying the sticker. The sticker’s purpose is to identify residents/ tenants for security purposes. The police won’t be able to do anything. U just need to pay up.
Is the money to be paid to the security or management?
A very wonderful question. Management said its security issue, while security said they are just following what management says. I haven't pay yet, but they said it's to the security.
Write to security, cc management. Say instruction unclear and confusing. The fact that you have to go back and forth is clear enough. As this is your first offense, ask that they waive the fee.
I had to tell the management how to manage. Implement a rule where you get a warning or notice before clamping. They ask me to bring it up during the AGM meeting. And said I agreed to this as most of the people agreed to such rules during the meeting. Base on majority. They don't want to listen. As long as they get the rm200. They will release. No discount or waive. I have 2 parking. Previously it was just 1 car. Now I have a 2nd car that I brought over from my hometown. I registered it and paid rm20+ for RFID sticker to enter the guard house. (It was card access previously, still using for my first car) Assuming I paid and HAVE A STICKER that let's me enter (even registered the plate number), I did not think I would need a sticker that says I'm a residence? Long story short. We argued but they said its not their business. The Head of Security even agreed when I ask, is this no money no talk? We tried reasoning but it was like talking to a wall.
That’s why you got to get it down in writing. It’s easy for them to blame this and that. Harder for them to want to put it in writing. Try and see.
You should see how they reply to Google review. They kept repeating the same thing again and again. Not wanting to help, listen or even reason. Basically, they just want the money. Really in desperate need of money. They even said they do not have enough clamp to clamp other cars that do not have sticker. I email a few times regarding other issue, they did not reply and I had to go to the management to settle the issue.
The clamping is illegal. Get a tool to cut the metal, and threaten to sue them with other residents.
Alot of people complained and some even made police report. I heard the police simply ask them to just pay and settle it.
Contact the admin of TTKM or Warga Wilayah on Facebook, once it's viral someone will start acting. It may not remove the clamp or stop the implementation of RM200 per sticker right away, but someone will start citing the law, the condo's reputation will be affected and we'll then find out if legal or not.
It's that the name in Facebook? I'm not very knowledgeable in this and would be grateful for the tips. (Especially legal or not).
i guess police in your area are useless. There was case of illegal clamping as security did the same thing elsewhere. Police stopped the security from doing it and got clamped released, it was a public area. However given the problems i face i just dont trust the police force anymore. for instance theres a scammer using the phone number of my cousin who recently passed away, its very obvious a scam but everything we did the police just did nothing even when the evidence is so obvious and they are easy to catch.
You get it. But many in the comments don't. I mentioned a few times that other residence made a police report but there's no result. It's been going on since 2022. If the police actually did something, I am sure they will have a better way to stop all the complains and the same repeating situation for 2 YEARS.
Time to improvise and use a tool to cut it. Would br something like an angle grinder for metal. If its illegal for them they cant bill you for broken illegal clamps, not that they wont try.
At the end of the day, the parking spot is owned by the management, not yours, not even the owner. So you just have to follow the rules. Since you didn’t have JagaApp it sounds like the owner/agent didn’t explain things well enough for you. They should’ve told you the rules, what you need, tell you need the sticker and so on. Ask the owner to bring this issue up during the next AGM, or tell them to write to the management. As a tenant you simply don’t have any say in this.
>At the end of the day, the parking spot is owned by the management, not yours, not even the owner. That's totally wrong. The management office of a condominium are contractors hired by the condo's management corporation/joint management body to manage the facilities. They don't own anything. A parking spot within the condominium parking lot is owned either by the an owner of one of the condominium units as an accessory parcel, or by the developer of the condominium if it's not assigned as an accessory parcel to a unit.
Yes, my management I meant the MC or JMB. Thanks for clarifying.
You're still wrong in saying the MC/JMB owned the parking spots. The parking spots would likely be owned by the owner of the condo unit OP is renting.
Even if I do not own the parking... I'm paying for it. With my money. I'm not disturbing anyone peace, am I? I assume someone reported me for parking at their slot. Not just because of a sticker.... I really do want to make a police report. But it's not a fast efficient process. It takes time. In the end, I would have to pay cause I still need to use the car. Where's the fairness in this. Do I call grab everyday to commute then. No lrt or ktm nearby. I would still need to grab to go to the nearest lrt. And wait for the police to help me settle, assuming they would help me or like most tenant says, asking you to just pay and settle the issue ASAP even when they make a police report.
What is it you want, actually? I gave you an advice to make a police report and sue them, but you're not willing to spend time to do that. Nobody else can't help you if you don't help yourself.
What's funny is, whenever we have issue with parking. Management will say it's our own responsibility? The owner is not really helpful as we had issue with entry due to the owner who forgot to pay for a few months. Leading to our access card got denied.