Defending Private Property

PRIVATE: RIGHT OF ACCESS TO PRIVATE PROPERTY OF BELLA VISTA RESIDENTS

Posted by jamesesz on September 4, 2010 ·


5th September 2010

PPBV Treasurer

Bella Vista

Jalan Cahaya 13

68000 Ampang

Selangor Darul Ehsan

Attn: Mr. Tan Joo Ban

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Dear Mr. Tan,

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RIGHT OF ACCESS TO PRIVATE PROPERTY OF BELLA VISTA RESIDENTS

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With reference to your letter dated 4th September 2010 to Mr. Kenneth, we would like to give a kind reminder to you that we cannot for the sake of security or any other similar reason go against the law of Malaysia that is passed by the parliament.

Earlier this year in the month of June, two security guards stopped my taxi from entering into Bella Vista under the pretext of ‘unauthorized entry’ without using my access card. The security guards (the night shift who were Mr. Jakry and a Nepalese) stood ‘bravely’ behind the gates of the guardhouse before forcing me to walk under the rain back to my own house. Being already sick from fever, I had an asthma attack later that day.

As residents, we have the right of access to our own homes. Under no circumstances can another person, whether our manager (or ‘servant’, as stated in the Strata Titles Act) or our ever excessively vigilant security guards, prevent us from returning home. In your letter, you questioned why a family in block F has the special privilege to enter Bella Vista without using their access cards. I find no such law stating that we, as residents, must under all circumstances use this access card to return home.

Conversely, I would like to question whether you have the right or ‘special privilege’ to force us to use an access card, for which if we do not comply to your self-made ‘law’, we would be unable to return to the comfort of our homes. I am sure that putting an extra lock on your neighbor’s door without his consent is against the law. I trust that you as a civilized individual would surely know of such simple matters.

I have attached with this letter the simple minutes of the meeting we had on the 21st of August 2010. In that meeting we posed three questions to the manager of this condominium who is supposed to ‘serve’ us. Mr. Chin has yet to reply me concerning this matter. For your easy reference, we have included these three questions below:

  1. Is there any law passed by the Parliament that prohibits a person, whether an owner or resident, from returning home?
  1. Is there any law passed by the Parliament that states that owners and residents must use any access card to return to their homes?
  1. Does the manager of this Condominium know that preventing a person, whether an owner or a resident from returning home is in violation of the law?

I expect that the manager who manages this condominium would at least have the knowledge to answer these three simple questions above. His silence during this video-recorded meeting was extremely disappointing. I now question his ability to manage this condominium and advise the council members on matters relating to the management of this condominium. Surely the manager of Bella Vista must know more than simple gardening and elementary bookkeeping. Ignorance of the law is no excuse.

In the event of the security guards breaking the law for the ‘sake of security’, who would be responsible to compensate for such losses? I am curious to know whether it is the security guards (who are employed to protect us), the security company (employed to manage the guards), the manager (who is a servant under the Strata Titles Act), the management council or the owners of Bella Vista that would be ultimately responsible for such a breach. Please note that the Strata Titles Act 1985 indicates that it is the owners that are ultimately responsible since the management corporation (which consists of all parcel owners) can be sued.

Please also note that there are at least two grammatical errors per paragraph in your letter. One has to do a bit of mind reading before being able to comprehend what you intend to say. For future correspondences, please ensure that you check your letters for such errors lest residents misunderstand or misinterpret your truly harmless intentions.

Please respond to this letter within 7 days as we view this matter with utmost urgency. I am more than willing to engage you in open dialogue concerning my right of access as a resident into Bella Vista. I consider it my duty as a civilized and socially-conscious individual to stand up and defend the rights of private property in our society.

I understand that you are a person who wishes for a good management of this condominium and I wish you ‘all the best’ in your future endeavors.

Thank you.

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Yours truly,-

James Ee

F5-1

Note: Please visit www.bellavistacondo.wordpress.com or if you have any comments or suggestions please email us at bellavistavoices@gmail.com

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