after vp is it possible i dun pay maintenance for long period like 3-5 yrs? then pay one time after selling? they will charge the interest or not ah?
maintenance fees, how to get people to pay
maintenance fees, how to get people to pay
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Nov 26 2014, 12:39 PM
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Senior Member
2,040 posts Joined: Sep 2014 |
after vp is it possible i dun pay maintenance for long period like 3-5 yrs? then pay one time after selling? they will charge the interest or not ah?
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Nov 26 2014, 01:41 PM
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Senior Member
6,549 posts Joined: Jan 2003 |
QUOTE(Cabinda @ Nov 26 2014, 12:39 PM) after vp is it possible i dun pay maintenance for long period like 3-5 yrs? then pay one time after selling? they will charge the interest or not ah? depending on the management committee, usually they will fetch you warning letter, some resort to cutting your water/electricity. Deny your car park access and etc. Last resort is issue lawyer letter.This is governed in the 1985 strata titles act clauses 52-55recovery 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. |
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Nov 26 2014, 01:45 PM
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Senior Member
2,040 posts Joined: Sep 2014 |
QUOTE(xin @ Nov 26 2014, 01:41 PM) depending on the management committee, usually they will fetch you warning letter, some resort to cutting your water/electricity. Deny your car park access and etc. Last resort is issue lawyer letter. wow... meaning cannot skip maintenance fees lar.. what if strata release after 1-2 yrs? can skip or not? will still bind to strata agreement?This is governed in the 1985 strata titles act clauses 52-55recovery 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. |
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Nov 26 2014, 03:28 PM
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Senior Member
5,613 posts Joined: Jun 2006 From: Cyberjaya, Shah Alam, Ipoh |
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Nov 26 2014, 03:35 PM
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Senior Member
2,040 posts Joined: Sep 2014 |
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Feb 15 2015, 09:35 AM
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150 posts Joined: Jun 2009 |
I have a case here to ask for opinion: There is mismanagement of previous Management Corporation that doesn't do properly their job in Management Fee collection. My sis bought over a unit whereby she already check with the previous tenant that no outstanding management fee. (Now obviously previous tenant lie on this).After few years, change of new management company, suddenly ask for the outstanding amount incurred by the previous tenant to current owner. The first thing is how do the management at that time allow property transfer before they validate all previous owner outstanding management fee settle??Why we the new owner must bare the cost since it is the responsibility of management to validate outstanding fee together with the lawyer film whom in-charge of this property sales?Since my sis take over as owner, she never miss up even 1 month to pay management fee on time for the fee incurred all time along her ownership.Now the management block our access card into the condo. Could we the owner take legal action towards the management for the denied access to condo due the their fault of not settling the outstanding debt with previous owner? If we would like to take legal action, is this can make through Hal Ehwal Pengguna?Is management act of block access card is valid or legal in this condition?If it is not legal we would collect up the evidence of the management act and prepare for sue in court.
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Feb 15 2015, 09:46 AM
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Junior Member
150 posts Joined: Jun 2009 |
I have a case here to ask for opinion: There is mismanagement of previous Management Corporation that doesn't do properly their job in Management Fee collection. My sis bought over a unit whereby she already check with the previous tenant that no outstanding management fee. (Now obviously previous tenant lie on this).After few years, change of new management company, suddenly ask for the outstanding amount incurred by the previous tenant to current owner. The first thing is how do the management at that time allow property transfer before they validate all previous owner outstanding management fee settle??Why we the new owner must bare the cost since it is the responsibility of management to validate outstanding fee together with the lawyer film whom in-charge of this property sales?Now the management block our access card to the condo.All time from the moment my sister become the owner, she never fail to pay the management fee for every month. Any legal action of the owner can be taken against the management in this condition?Can we bring the access card block case to Hal Ehwal Pengguna? I want to ask the act of denied access by management due to their fault of fail to settle outstanding fee with previous owner is it valid or legal? If this is not valid, we would collect evidence of management denied our access into condo to get them sued.
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Feb 15 2015, 12:49 PM
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Senior Member
5,646 posts Joined: Mar 2012 |
bought over from previous owner i presume
for the sale to happen, the management office will need to issue a letter to declare that the previous owner has no outstanding management fees ask your lawyer about this letter and it should help you clear your name. |
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Feb 15 2015, 01:00 PM
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Senior Member
852 posts Joined: Jan 2003 |
You need consent from management otherwise no change of details allowed hence you gotto pay up before all things are cleared for transfer!
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Nov 14 2015, 12:49 PM
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All Stars
12,081 posts Joined: Jun 2014 From: Kuchai Lama |
QUOTE(cherroy @ May 23 2012, 10:38 AM) Cannot, it is separate issue. Hi.. Recently the management like install access card facility at the lift... Is tat really lawful? Or just abusing the word common facility. Management and maintenance fee issue is between management and owner, nothing to do with tenants. Management can disallow the tenant to use the common facilities like deactivate the access card for common facilities (which is given to owner then owner give to tenant), but cannot chase the maintenance fee after the tenant. |
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Nov 14 2015, 12:59 PM
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Senior Member
1,717 posts Joined: Apr 2010 From: Selangor |
One thing to ponder.
Who decides the maintenance rate and the justification of such rates? And how do we know they are actually using it for the condo upkeeping rather than swindling it for personal gain? |
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Nov 14 2015, 01:20 PM
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Staff
25,802 posts Joined: Jan 2003 From: Penang |
QUOTE(myway1985 @ Nov 14 2015, 12:49 PM) Hi.. Recently the management like install access card facility at the lift... Is tat really lawful? Or just abusing the word common facility. I don't see how it is an unlawful move. Life is a common facility that under under JMB/MC management. It is for security reason, I don't see how it hurts the owner benefit. |
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Nov 14 2015, 01:24 PM
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Staff
25,802 posts Joined: Jan 2003 From: Penang |
QUOTE(heavenly91 @ Nov 14 2015, 12:59 PM) One thing to ponder. No standard rate, it depends on JMB/MC to balance the book in term of financial. Who decides the maintenance rate and the justification of such rates? And how do we know they are actually using it for the condo upkeeping rather than swindling it for personal gain? JMB/MC is voted in by the owner of property, so in other word owners themselves decide. Any maintenance fee payment is paid to MC account, not to any personal. While the account needs to be audited every year. MC is the body to ensure the money is well managed, so owner must vote in the committee carefully to ensure the committee talk well care on the money collected. |
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Nov 14 2015, 02:36 PM
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Senior Member
5,646 posts Joined: Mar 2012 |
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Nov 15 2015, 02:45 PM
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Senior Member
1,946 posts Joined: Aug 2009 |
QUOTE(dariofoo @ May 23 2012, 06:08 PM) Here is a famous reported case on a proprietor who successfully obtained an injunction against a MC who blocked his access card and refuse him entry into the parking lot of the condo. I presume the above also applicable to tenant and their visitors?If you take the time to read it, it would be very knowledgeable and I think it can answer the questions posed by TS in this topic. This case also states that even if the House Rules/Deed of Mutual Covenant provides that the MC can block the access card of owners who do not pay maintenance, it is illegal and void as it goes against the Strata Title Act. So the posts by some forummers above that if it is provided for in the House Rules, then it can be done - with respect, that argument is not sustainable in light of the decision in this case. To date, there is no judgment by a superior Court to overrule this case, so the law still stands despite it being a High Court decision. John Denis De Silva v. Crescent Court Management Corporation [2006] 2 CLJ 605 [attachmentid=2855658] |
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