Money Held On Trust For Lily Owners

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Prof.Dr.Ajit S.Gondara

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Feb 26, 2013, 9:00:19 AM2/26/13
to LILY, PUTRA HEIGHTS
Please note that the subscscription of RM25/=collected in 2011 was
collected from houseowners in Lily ONLY and it was collected to
improve the security of LILY and at that time there was no express or
implied intention to merge our security with the whole of Section 9.
There was an intention to set up the Lily Owners Association and the
intention THEN was to transfer the monies to the Lily Owners
Association upon approval by the Registrar of Societies.

Therefore to MERGE AND MIX THE Funds into the enlarged Section 9 RA
will not only be wrong in law and principle but it will also amount to
a breach of trust.The money was held on trust and therefore we will be
violating the trust of owners in Lily.

The money therefore should remain in Mr.Lee's account on trust and
used only for the benefit of LILY ONLY.Those who went round collecting
the money(including me and my wife)are therefore in a fiduciary
relationship and to use the money for OTHER PURPOSES THAN FOR WHICH IT
WAS INTENTENDED is a serious breach of our fiduciary relationship.

I apologise if this message offends anyone but pls understand that
there are SERIOUS LEGAL IMPLICATIONS to our actions and all i request
is lets do what is right in principle by giving it a serious thought.

Thank You

Prof.Dr.Ajit S.Gondara

Zurihan Mohamed

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Feb 26, 2013, 10:50:47 AM2/26/13
to lily-putr...@googlegroups.com
Dear Mr Ajit and fellow Lilly Residents

Thank you for the free legal advice. For information, the money I had received last weekend from Mr. Lee trusts for Lilly's residents amounts to RM2480. As you all would recall, the earlier Lilly residents drive was to set-up the Lilly RA. The Lilly RA drive was abandoned by the now defunct Lilly protem committee which had collected the money at RM 20/household (not RM 25/household with some donating higher) in early 2010 not 2011. As there wasn't enough support from Lilly residents then, Zulhizzan had not pursued the Lilly RA set-up to avoid the fund wastage & had left the funds in trust with treasurer Mr.Lee.

The intent from Mr.Lee & myself was to transfer the funds to PH 9 RA committee as partial payment of the RM 25/household PH 9 RA sign-up fee with an additional RM 5 top-up per household for those who had contributed. However, if the Lilly residents unanimously disagree to this proposal, the funds will be returned to Mr Lee for safekeeping as clearly there will be no Lilly RA set-up with the PH9 RA set-up already approved by the ROS. Therefore, those who had signed the PH 9 RA sign-up form please pay-up the RM25 membership fee directly to PH 9 RA committee during the AGM on 9th March 2013 1000am at the Multipurpose Hall. For those who wants to transfer the fund with additional RM 5 top-up, I will assist by being there with the contributors list for you to sign an agreement for the fund transfer. It's up to each individual Lilly resident/contributor to decide whether to transfer to PH 9 RA with the RM 5 top-up or to get refunded. 

Please note that PH 9 RA will not work to beef up security for Lily area only as the intent is to improve the whole PH 9 section. 

Trust the above message is clear to everyone & let's close this issue amicably during the AGM. Thank you

Best Regards
Zurihan Mohamed


From: Prof.Dr.Ajit S.Gondara <ajitsg...@gmail.com>
To: "LILY, PUTRA HEIGHTS" <lily-putr...@googlegroups.com>
Sent: Tuesday, February 26, 2013 10:00 PM
Subject: Money Held On Trust For Lily Owners
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aly_ecs

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Feb 27, 2013, 12:14:29 AM2/27/13
to lily-putr...@googlegroups.com
As a lily's owner myself, I agree with Ajit.


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Prof.Dr.Ajit S.Gondara

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Feb 28, 2013, 1:15:02 PM2/28/13
to LILY, PUTRA HEIGHTS
Thanks for your kind reply and as a Lily owner your opinions are
welcome .Lets deal with this matter in a proactive way by engaging or
communicating among ourselves to address safety issues and your
feedback is most welcome.

God Bless You
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