Legal Rights To Our Property (Car Park)

This is a Petition by all the condominium owners at TWINS AT DAMANSARA
HEIGHTS whose name, unit number and signature appear herein below in opposing
the resolution passed during the 5th AGM to prohibit owners from renting our car park bays
to outsiders (“the said Resolution”).

The purpose of this petition is to move the Joint Management Body to call for an EGM to
set aside the said Resolution.

The grounds for this Petition are as follows:-

1. It has come to our attention that a resolution was allegedly passed during the 5th AGM
to prohibit owners from renting our car park bays to outsiders.

2. The said Resolution was passed by ….. votes out of ………. Units of condominium at
the Twins. As such, this is clearly the voice of a very small group of people and does
not truly represent the will of the majority of the condominium owners.

3. While we question the legality of the said Resolution which infringes the right of the
owners of the private properties in regards to their freedom to deal with their private
properties in such manner as they shall deem fit, in the meantime, the said Resolution
will nevertheless affect the proprietary rights of all 318 Units of condominium
owners.

4. This call for an EGM shall not in any way be construed as the petitioners recognising
the legality of the said Resolution and is without prejudice to the petitioners’ right to
challenge the legality of the Resolution. This petition is aimed to have the said
Resolution set aside so as to avoid any party having to challenge the legality of the
said Resolution.

5. The said Resolution is clearly an interference with the property owner’s freedom to
use his/her private property as he/she deems fit. Such infringement of private right
and freedom is unfair on the property owners who wish to rent out their car park bays
in order generate some extra return on their investments.

6. The car park bay can be an invaluable asset which will appreciate in value if properly
managed. There have been news articles written about such opportunities. (News
articles link: www ).

7. Based on the Strata Title Act 1985, the car park is an accessory to the parcel and we
as owners have the full legal right to the usage of our car park bays. This includes
giving up our right to use the car park bays in favour of other persons as we deem fit.
This decision lies solely with us as the owners to our properties.

8. According to this article which cited the Malaysian Homebuyers’ Claim
Tribunal president Datuk Pretam Singh Darshan Singh, we as owners can
give the right to use our car park bay to another person while we continue to
be the owners. Source: http://www.focusmalaysia.my/Property/the-lucrative-
car-park- business

9. It also maximises property value and increases yield on investment. This is
good for the property in the long term.

Security Concerns
10. We note the security concerns and we do not take it lightly. We are, after all, owners
as well. The definition of outsider is vague and the definition of resident can also
include a person who stays at the property once a week/month/year. Considering the
difficulty of enforcement and vague-ness of the definitions, it is in our best interest to
focus on the issue at hand, security. To ensure security is not compromised, all car
park activities should be made transparent and controls are put in place to ensure that
safety is not compromised.

11. We believe that the security concerns can be managed if the Management carry out
their job properly. We believe that the security concern should not be the reason to
deprive the property owners from receiving better return for their investment. They
are not mutually exclusive. The security concern can be managed SO THAT the
property owners can receive higher return on their investments.

Measures to address Security and Safety

12. As the arrangement is usually a long term parking arrangement, vehicle registration
details, as well as driver details, are to be registered with the management by the
legitimate property owners and these car plate numbers are to be displayed above car
park bays.

13. This effectively verifies the long term driver to the parking and all parties are aware
of the individual that is parking at that space.

14. Only car park access devices is to be given for car park usage and not door access
devices. This separation ensures the driver has no access to any other levels apart
from car park levels.

15. In effect, the drivers will be our guests and we grant them permission to use our
unutilised parking spaces which would otherwise sit idle with no income. The
management will be given the names and NRIC of the drivers/users and the car
registration number of the vehicles using the carpark bays in order for them to carry
out the duty to ensure the security and safety of Condominium. This is no different
from the owners renting out their units to their tenants.

16. Cooperation with a third party car park management company to standardise
agreements, and perform the necessary due diligence on the drivers’ identity and
vehicles, prior to allowing them to use the car park will provide further check and
verification and screening before our approval as owners. Only then will registration
of details with management be performed.

17. With these controls in place, we have no doubt that the condominium’s security will
not be compromised, and at the same time, property prices will boost creating a win-
win situation for all.