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7 years without an AGM: MBPP explains Green Garden management takeover

Property News/ 13 August 2026 Leave a comment

green-garden-takeover

The Penang Island City Council (MBPP) has clarified its decision to appoint a new management agent for Green Garden Flats (Blocks 1062 and 1066) in Jelutong, saying the move was made after it found that the development had not held an Annual General Meeting (AGM) since February 2019.

In a media statement dated Aug 12, MBPP said it had received various complaints from parcel owners at Green Garden since 2025 concerning the management of the scheme by the existing Management Corporation (MC).

MBPP said its review found that the last AGM was held on Feb 23, 2019, based on the AGM minutes submitted to the council. Under the Strata Management Act 2013 (Act 757), an AGM is required to be held once a year, with no more than 15 months between consecutive AGMs.

The council also pointed out that the existing management committee had exceeded the prescribed tenure. Under the Act, the chairman, secretary and treasurer cannot hold office for more than two consecutive years, while other committee members cannot serve for more than three consecutive terms.

As no AGM had been held for the Green Garden scheme, MBPP said the previous management committee no longer had the authority to continue managing and maintaining the scheme. It therefore exercised its powers under Section 86(1)(b) of Act 757 to appoint a new management agent.

MBPP said it had earlier issued a notice dated Nov 13, 2025, inviting parcel owners who were interested and eligible to call an Extraordinary General Meeting (EGM) to establish a new management committee. However, the council said it received no response from any parcel owner to convene the EGM.

Consequently, MBPP appointed EAD Property Management Sdn Bhd as the management agent for Green Garden, effective Aug 1, 2026. The appointment is for a period of no more than one year, specifically to facilitate the formation of a new management committee for the scheme.

The transition has, however, encountered resistance. According to MBPP, representatives from EAD visited the Green Garden management office on Aug 4 to arrange the handover of management documents. The previous management committee agreed to hand over the documents on Aug 10, but EAD was reportedly prevented from entering the management office on that date.

Both parties subsequently lodged police reports over the incident, and MBPP scheduled a discussion with the previous management committee on Aug 12 to resolve the matter.

MBPP stressed that the appointment of the management agent falls within the powers of the Commissioner of Buildings under Section 86(1)(b) of Act 757, particularly where there is no valid management committee in place.

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