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 Condo - Maintenance fee not being paid

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TSawh85
post Feb 26 2012, 01:05 PM, updated 14y ago

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Hi boys and girls of /pt/,

I would like to know, legally what the management of condos (in general) can do to those who do not pay (at all) the maintenance fees for the upkeeping of facilities. If particular tenants die die dont want to pay, what is usually done in these cases? Concern here is purchasing of a property with the facilities being the main selling point but with non-paying tenants (in large numbers), it could affect the overall budget in maintaining the facilities leading to facilities being not properly maintained.

Would like to understand how managements of condos actually work on avoiding the above situation. Appreciate your input.

Thanks.

babybaby1988
post Feb 26 2012, 01:18 PM

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landlord usually pay, failure to pay, management can cut water supply and electricity
Hunakadoo
post Feb 26 2012, 02:28 PM

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If there's more than a certain amount like RM5000++
they will file you a lawyer letter =D
TSawh85
post Feb 26 2012, 02:42 PM

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QUOTE(Hunakadoo @ Feb 26 2012, 02:28 PM)
If there's more than a certain amount like RM5000++
they will file you a lawyer letter =D
*
what then with the lawyer letter?
kok_pun
post Feb 26 2012, 03:05 PM

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depends whether it is still under developer management or JMB ...

normally u factor in the $$ in the rental to cover it up... otherwise u will be in trouble.

very rare u will get a legal letter, but normally it is used to scare u only...
Seremban_2
post Feb 26 2012, 03:57 PM

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The owner have to take responsible with the management fees, normally owner bear all the management fees. If the management fees accumulated with interest or owing, when the owner want to sell he/she must settle of the management fees inorder to transfer.

Developer Management or JMB also the same.

Actually this topic was discuss before and check with few thread behind. Alot of great sifu gave good commend on this and it help you get your answer.

This post has been edited by Seremban_2: Feb 26 2012, 03:58 PM
TSawh85
post Feb 26 2012, 04:33 PM

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QUOTE(Seremban_2 @ Feb 26 2012, 03:57 PM)
The owner have to take responsible with the management fees, normally owner bear all the management fees. If the management fees accumulated with interest or owing, when the owner want to sell he/she must settle of the management fees inorder to transfer.

Developer Management or JMB also the same.

Actually this topic was discuss before and check with few thread behind. Alot of great sifu gave good commend on this and it help you get your answer.
*
i did a search but couldnt find it, so i opened it.. would appreciate if anyone could repost the topic here. thanks.
Hunakadoo
post Feb 26 2012, 05:15 PM

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Management will file u a lawyer letter , just maybe wan to scared u ,
but if u wanna resell your house to somebody , yeah u need to clear the amount before management approve to change the owner's name ,otherwise you cant sell your condo .

*ofcourse you can discuss the installment / discount from management =D
Seremban_2
post Feb 26 2012, 05:23 PM

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QUOTE(Hunakadoo @ Feb 26 2012, 05:15 PM)
Management will file u a lawyer letter , just maybe wan to scared u ,
but if u wanna resell your house to somebody , yeah u need to clear the amount before management approve to change the owner's name ,otherwise you cant sell your condo .

*ofcourse you can discuss the installment / discount from management =D
*
This is the answer and discount on the interest side but not management fees. Not fair to other owner.

Best pay it to settle. Avoid the hassle.
1282009
post Feb 26 2012, 05:55 PM

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Normally I pay every 3 months after receiving warning letter to cut the water/electric supply. Very leceh to pay monthly.


Hunakadoo
post Feb 26 2012, 06:06 PM

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QUOTE(1282009 @ Feb 26 2012, 05:55 PM)
Normally I pay every 3 months after receiving warning letter to cut the water/electric supply. Very leceh to pay monthly.
*
my condo there only water supply is managed by management . electric supply is by TnB . yeah , it's truly leceh , but then what can we do ?
earn more money get a landed property then you wont be manage by some people =D
twins9
post Feb 26 2012, 08:02 PM

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Why dont you pay half yearly? We have to pay half yearly before or else our scan card and club facilities will be barred.
TSawh85
post Feb 26 2012, 08:15 PM

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im not the one not paying lah adui.. just asking so that i know how non-paying tenants can affect the maintenance funds and the facilities altogether.

thanks.
michaellee
post Feb 27 2012, 10:04 AM

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QUOTE(awh85 @ Feb 26 2012, 01:05 PM)
Hi boys and girls of /pt/,

I would like to know, legally what the management of condos (in general) can do to those who do not pay (at all) the maintenance fees for the upkeeping of facilities. If particular tenants die die dont want to pay, what is usually done in these cases? Concern here is purchasing of a property with the facilities being the main selling point but with non-paying tenants (in large numbers), it could affect the overall budget in maintaining the facilities leading to facilities being not properly maintained.

Would like to understand how managements of condos actually work on avoiding the above situation. Appreciate your input.

Thanks.
*
The answer is stated very clearly in Strata Title Act. However, most management do not practise what is on the Act as it is a hassle.
kwackers
post Feb 27 2012, 10:27 AM

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They're not legally allowed to cut the water, but they can reduce the water pressure to a trickle. They might also be able to deny residents things like access cards, parking stickers, etc. Beyond that, if the outstanding amount gets high enough, they may resort to a law firm to send the owner a legal notice.
Kokwm
post Feb 27 2012, 11:20 AM

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This is governed in the 1985 strata titles act clauses 52-55

http://www.hba.org.my/laws/Strata/2007/ACT....htm#52.  The recovery of sum as debt due to management corporation.

Mgmt Corp (MC) will need to serve letters to the owner. If the owner continue to repeatedly ignore the letters, MC can apply to court to serve a warrant of attachment to the owner's belongings in the building. The attached belongings can be auctioned off if the owner still dont want to pay after a certain period. Finally the owner can be fined up to RM5000 and further fine of up to RM50/daily if contribution remains unpaid after conviction.

From what I read in the strate titles act, the MC must go through the legal route and at no times allowed to cut off water/electricity supply. In clause 55(1) if the MC breach the act by e.g. cutting off water/electricity, they themselves can kena fine.

This post has been edited by Kokwm: Feb 27 2012, 11:31 AM
scng
post Feb 27 2012, 05:26 PM

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In my area, the JMB published all the owner's name, unit number and amount owe and this is done quarterly.

With this method, once in a while, you'll see some name got strike off because they pay up after seeing the list (takut malu). But some tick face fella will ignore the list..pretending not owing anything....in a way it work but not enough to force those scumbag to pay up.
twins9
post Feb 27 2012, 08:13 PM

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Our mgmt stated the unit number, road, vacant/occupied and the amount owing. I think this is the first time I saw it on the notice board.


tZZ
post Feb 27 2012, 10:00 PM

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QUOTE(Kokwm @ Feb 27 2012, 11:20 AM)
This is governed in the 1985 strata titles act clauses 52-55

http://www.hba.org.my/laws/Strata/2007/ACT....htm#52.  The recovery of sum as debt due to management corporation.

Mgmt Corp (MC) will need to serve letters to the owner. If the owner continue to repeatedly ignore the letters, MC can apply to court to serve a warrant of attachment to the owner's belongings in the building. The attached belongings can be auctioned off if the owner still dont want to pay after a certain period. Finally the owner can be fined up to RM5000 and further fine of up to RM50/daily if contribution remains unpaid after conviction.

From what I read in the strate titles act, the MC must go through the legal route and at no times allowed to cut off water/electricity supply. In clause 55(1) if the MC breach the act by e.g. cutting off water/electricity, they themselves can kena fine.
*
Depends on who supplies the water/electricity. Most if not all condos get their water via a centralized meter and than it's distributed to individual units. So management can cut off the water supply. Have seen MPSJ and DBKL written approval on this, not sure about other municipals.

Alex_tan168
post Feb 27 2012, 10:10 PM

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my bro in law din pay for 1 year + they dun let my bro in law to add another parking lot(buy/rent also cant)...

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