I have do a summary of the queries On Deed of Mutual Covenants (DMC)
thanks for your highlighting all these.. may i ask which lawyer is servicing you?
i'm about to make appointment to sign with the SnP.. wondering if all these qualms about the DMC clauses has been ironed out?
this is getting dodgier n dodgier
1. Clause 5: Service Charge & Sinking Fund
We were being told that the service charge is RM0.20psf & sinking fund is 10% of the service charge so means total of RM0.22/ sqf. However, this is NOT being stated at all & even not stated in the First Schedule. How to secure our rights? If you read clause 5.4, 5.5 and 5.9. The Management may increase service Charge.
2. Clause 6.3 In the event the service charge collected by management is insufficient to pay....., the management shall have the unequivocal right to stop maintaining and repairing the common property and facilities.
3. Clause 9.7 ...........the Management shall be entitled to formulate additional rules and guidelines in relation to the Renovation of the Parcels in Palace Court @ Kuchai Lama to complement or alther the present guidelines for the renovation.
* if we agree this clause, it means that the Management can add in any rules they like...i think at least need add in the sentences "with agreement of all the purchaser"
4. Clause 10.1 The Purchaser shall at all times duly observe and compy with the House Rules. The indicative House Rules are annexed hereto as the Third Schedule and the same shall be subject to changes and amendments by the Management from time to time and at any time hereafter at its discretion.
* So they can change any rules lo.....
5. Clause 16 security system .... The developer does not warrant the performance, operation or adequacy, quality, upgrading of the security system. So how abt the cctv that they provide?!! Is it not warrant in this clause?
6. 2 covered car parks are NOT stated in any clause or schedule in DMC or S & P
Actualy I am first time buyer.. I not really knw all this should be standard clause in DMC or not.. I just feel like unfair to purchaser like us if anything happen cause all the clause is protected developer only. Hopefully you all give some comment.