Open Letter – The Rights of Residents

25th June 2011

Bella Vista

Jalan Cahaya 13

68000 Ampang

Selangor Darul Ehsan

To all Residents of Bella Vista,

8th ANNUAL GENERAL MEETING

With reference to the 8th Annual General Meeting (“AGM”) of Bella Vista, I would like to take this opportunity to thank the current members of the management committee for their outstanding and excellent performance in service of the common community. I would also like to thank the current committee for their noble efforts in rectifying some of the old issues of the past that have been brought down upon us by mismanagement, and if I may add, misuse of power of some of the old management committee members and our old building supervisor.

Some of the events of the past are bitter and I am sure that all of us would like to move on to a brighter future and ensure that Bella Vista will become a better place for us to live in. “Home is where the heart is,” as a saying goes and Bella Vista has been where many of our hearts lie, including mine. However, as George Santayana once said, “those who do not remember the past are condemned to repeat it.” Therefore, although it is my personal philosophy to ‘forgive and forget,’ and ‘to live and let live,’ I would like to take this AGM as an avenue to create awareness among residents concerning the events that have transpired not too long ago.

I have with care and consideration recorded events of mismanagement and misuse of power, as I mentioned above, in the brief chronology of events below:

30June 2008, mobile phone message from Mr Chin to F5-1 Ms. Chua stating that he only prefers to deal with registered unit owners on maintenance services instead of all residents of Bella Vista.

19 April 2010, Mr Y.G. Chin (“Mr Chin”), our old building supervisor, reemploys Mr Jakry bin Sabry (please refer to appendix) as his own assistant to oversee the performance of security guards and cleaners after the security company that employed him had dismissed him. Mr Jakry was authorized by Mr Chin to have unrestricted access to enter Bella Vista and to take up residents in the storeroom next to the maintenance office. Mr Chin acted without the knowledge or consent of all management committee members in this matter.

June 2010, security guards stopped taxis from entering into Bella Vista under the pretext of ‘unauthorized entry’ without access cards. I had a personal experience of this when I was unwell with a fever and was forced to walk under the rain back to my own house after security guards under the direction of Mr Chin refused me entry.

17 August 2010, after repeated incidences of Mr Jakry misusing his authority to prevent residents from entering Bella Vista, I filed a police report and a sergeant from the Ampang Police Station came to Bella Vista to notify the guards that they cannot, under any circumstances, prevent residents from accessing their homes with or without their access cards.

21 August 2010, a video recorded meeting was held between the management committee, Mr Chin, and myself. Mr Chin did not give an intelligible response when asked whether he had the authority to prevent owners and residents from returning to their homes. I outspokenly questioned his credibility of managing Bella Vista and if he was oblivious to Malaysian law governing private property and the rights of owners and residents.

3 September 2010, President and Council Member of Bella Vista, Kenneth Chen, addresses an open letter to all residents. In his letter, he raised with disappointment that Mr Chin, have reported to the Commissioner of Buildings that both Mr Salwinder Singh and himself were not eligible to hold office as council members as they are not owners of their units in Bella Vista.

4 September 2010, Treasurer and Council Member of Bella Vista, Tan Joo Ban (“Mr Tan”), addresses an open letter to all residents. Mr Tan openly accuses Kenneth Chen of favouritism (which he misspells as favourism), praises Mr Chin as a ‘saviour’ of Bella Vista, and condemned the sacking of Mr Chin and Mr Jakry.

5 September 2010, ordinary and normal resident of Bella Vista, Mr James Ee, addresses a letter to the Treasurer and Council Member of Bella Vista, Mr Tan. I reminded Mr Tan that the security guards should not forsake the law of Malaysia and rights of ordinary residents for the sake of security or any other similar reason. I requested that Mr Tan respond within 7 days concerning the widespread misuse of power of Mr Chin and asked for an open dialogue to resolve the matter. I never receive a response.

I sincerely believe that a person employed by us, like Mr Chin, should not become from a guest to a host. That Mr Chin would discriminate the good residents of Bella Vista should never have been something conceivable or permitted. I am not alone in feeling compelled by both duty and reason as a resident to voice my discontent upon which residents are treated unequally by our building supervisor. Mr Chin was employed to serve all the residents of Bella Vista and not just a handful that he chooses as he please.

On another note, I would like to stress that our house rules that are established and endorsed by the management committee can never overrule the law and no one may be forced to do anything not provided by the law. All house rules can only prohibit such actions that are hurtful to the community and not become a tool to oppress the community by taking away the liberties and rights upon which those rules were established.

“Man is born free, yet everywhere he is in chains,” said Rousseau. How true his statement is when we use rules established to protect the community to oppress the community. Does not one feel the stupidity of tying one’s legs with cords of rope before attempting to walk? More so when a person employed to serve the community acts as if he is the owner of our homes and dictates his will and policy as though he is above all of us residents that employed him. I can only see justice and appropriate punishment for the disgraceful sacking of Mr Chin and Mr Jakry. Anyone who abuses their authority in any office would deserve the same. In another age, the punishment might have been even more severe!

I come to you today not to accuse another or to justify myself although it has come to my knowledge that there are people that have deliberately sought to deceive the good residents by false statements and expressions. My intentions are simple and that is to reiterate the events that have occurred as there are. To let the good residents see the truth as it is, full of clarity and absence of ambiguity. I have always believed that to be respected, one must respect others.

It is with renewed hope and great confidence that I come to this AGM, knowing that the new management committee, unlike the old one, have pledged to be transparent and accountable. Together, I hope that the new management committee of Bella Vista would work for stability, cultivate fellowship and friendship, move forward in serving all residents equality and contribute to the betterment of our general welfare.

May the ill memories of the past serve to be only glittering fragments of glass that remind us of what may happen again should there be further mismanagement and misuse of power by those who claim to be of service to all residents of Bella Vista. As an endnote to our new management committee members, Abraham Lincoln once said, “that government of the people, by the people, for the people, shall not perish from the Earth.”

Thank you.

Yours truly,

James Ee

F5-1

Resident of Bella Vista


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