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 Lawyers Corner, A one-stop centre on lawyers and queries

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blossom_123
post Aug 19 2011, 10:45 AM

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would like to have an advice

owning an apartment, have a court case with the developer about 10years ago for not completing the facility such as swimming pool upon hand-over where it was stated in SPA. Anyway we lose the case because the developer said they will complete it. We talk to the management to reduce the monthly maintenance fees till they complete the swimming pool but they not agreed. As such we didnt pay the maintenance fees at all. Anyway the swimming pool completed in year 2009.

Now, our strata title is ready. The developer asking us to get the title but we need a concern from them and they wants us to pay all the outstanding of the maintenance fees.

Please advice

1) If I didnt get the strata title, what they can do?
2) Can I re-claim them for late handling the swimming pool?

Thanks


blossom_123
post Aug 19 2011, 03:04 PM

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QUOTE(dariofoo @ Aug 19 2011, 11:20 AM)
1) If you have taken a loan, the bank will compel you to do so as you have agreed to execute the MOT when title is out. If you bought cash, you still have to execute the MOT, faiiling which there would be a penalty which you have to pay.

2) With such basic facts provided, it's hard for me to advise you. You might as well go back to the lawyer who did the previous legal suit to advise all the owners on this.

I'm sure the apartment would have a JMB. So, what is the JMB's position on this?

However, what I can tell you is that you would still have to pay the outstanding maintenance fees. The delay in completion of the swimming pool does not detract from the fact that you still have to pay maintenance.
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Thanks for your reply. Anyway the our aparment didnt form the JMB yet coz too many problem between buyer and developer. I will refer back to the lawyer.

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