Dear Legal Experts and Proerty Experts,

I have a major dilemma here that I hope you can help me. I bought a high end condominium in Feb 2011, and moved in Dec 2011. A week after that, my bathroom was flooded with sewage water that flown out from the shower drain in my bathroom. I am staying on the first floor. Because it was weekends, the developer didn't send in their plumbers to rectify it immediately. I had to than a few days of this shit and urine in my bathroom for 2days before they came in and cleared the waste. And upon investigation, they blamed it on the contractors above my units who might have thrown rubbish into the drain and caused the blockage. During that time when the plumber was checking the piping in my house, he kept mumbling that the developer used cheap labour and cheap materials that's why so any problems. I couldn't sleep well the few nights, i stayed in the unit regardless, cos i feared that the Waste would flow out of the bathroom and damag my bedroom.

I thought after they cleared the rubbish that had clogged the drain, everything will be fine. But after a few days, it happened again! Same shit problem! I wrote to the director of the developer, she replied it is normal fr the first floor unit to kena this problem. After they cleared the debris and changed the pipes, they said they won't promise it won't happen again.

I got phobia after that incidents. I did not dare to use the bathroom, cos I feel that it's so unhygienic and unhealthy to use a bathroom that was flooded with human waste. I did not even dare to sleep in the master bedroom because every time I hear water noise, I will freak out and worried that same shit problem happen again. So, I moved to a second bedroom and leave the master bedroom unused. Imagine how sad I was paying 790k, but I didn't use the master bedroom or the bathtub that I have been longing to use.

A few nights ago, which means 9months after, same shit happened again. But this time is worst. I came home and even before I reached my door, I smelled urine and shit, and I could see sewage water flowing out non stop from my house!

It flooded my house! It contaminated my whole house including the bed, wardrobe, electrical items, kitchen, timber floorings, and etc.

I called the person in charge on his cell, he said its 10:30pm, he can't do much, the plumber won't come, he asked me to wait until next day, but he couldn't promise what time of the day.

Damn it, my neighbors came and helped me, we alerted the security guards, and they informed the management. The maintenance team from the management team came and took a few hours, before they managed to help me to unclog the pipe below. Me and my neighbors had to sweep out the human waste out if my unit.

I called the bloody developer rep the next morning, she said nobody informed her of anything. I sent an email to them and the director two hours before I called. She said we can't check the mail because the secretary only has the access to the email, and that the director is not in the office.

After I scolded them, she finally sent the plumber in and took a look, but he didn't give me an definite answer or solution. The developer didn't reply me either since then. Not even regarding the denying fees that I had to fork out.

I am devastated. None of my friends can help me in the legal advice. The lawyer friends said they are not expert in this.

Please help me guys.

Not to mention, it's has been 3weeks that they ignored my complain about the water leaking in my second bedroom wall, even after I threatened to bring this issue to public. I wrote almost 10emails but none was replied.
Please help me.

Write to free Malaysia today.

Include apartment name all.
Do pm me when it gets published.

Dear Gurvin,

Thank you for your advice, I wrote in Free Malaysia Today Fb after I read your advice.

But I did not dare to put in the condominium name. fear that its against the law or something. I really do not know much about my legal rights:(. I do not want to get into trouble.

Is there anything else that I can do?

I was actually a law student.

BTW you can sue them because it happen again.
Ask them promise it won't happen again.

You should ask ur lawyer advice, return property, take back ur money.

1. is your property still under warranty?
2. normally after taking delivery of vacant possession one is given 24 months to discover and complain of any defect.
3. the protection gives the purchaser the right to report to developer to rectify the damange according to term which are set out in SPA. So please check out your SPA.
4. upon receiving of any complain from the purchaser, developer has 30 days to rectify the defect.
5. if developer fails to rectify the defect within 30 days, purchaser has the right to rectify the defect at his own cost and claim the cost not from developer but directly from developer's solicitor who is holding the stakeholder money on the developer's behalf.
6. before the purchaser can do this, he must have given a notice of 14 days telling the developer of his intention to carry out the remedy himself.
7. bare in mind the developer's lawyer can only release the amount to you if all the condition above are complied.

I hope it helps. Good luck.

Is normal for first floor???????? Weird, I agree that is higher chance, but then is "Normal" is something new to me! By the way, it just happened to you only? How about other unit in first floor?

Dear Ioriyagamii,

Yes, the condo is still under warranty.

I understand the clauses. But, it's not fair for me to wait for another month, because the same shit might happen again anytime. . I moved all my things to higher level to prevent damages if that happened again. But there are things that I can't move, such as my leather bed.

Thank you so much for your input. I really appreciate it. But I need compensation from the developer of the damages done due to the flooding of sewage water in my house. I hate it when the bloody developer does not respond.

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Added on September 9, 2012, 1:24 amDear tatagal,

I heard it happened to other units too. But the owners sold off the units. And some even were advised no need to take legal actions, because the one of the developer directors is a lawyer, and she knows all the loopholes to avoid legal lawsuits.

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Added on September 9, 2012, 1:26 amThey do not respond to any of my emails. And they verbally said they can't promise because it might be due to the contractors in units above who are doing renovations.

My SPA lawyer is their lawyer too. I have asked other lawyers but they said they are not expert in this, so they can't give me answers.

This post has been edited by DrTay: Sep 9 2012, 01:26 AM

Try to post in this thread as well if u have not done so ..

http://forum.lowyat.net/topic/2138486

Dear 1282009,

I have done that just now. Thank you for reminding me.

Lol , I'm pretty much sure its Papillon....

I can't reveal


This post has been edited by DrTay: Sep 9 2012, 03:04 PM

DrTay, you should update your complaints in Papillon thread. If you are telling facts, i dont think they can sue you. If possible, please post some pics here of the flooding in your unit.

I own a house there as well.

why not just hire lawyer to sue them, no need to talk anymore

You should proceed to hire an expericence plumber and advise you on the problem. Ask him how much to fix the problem. I would rather pay with my pocket money now to solve the problem once and for all to have a peace of mind. At the same time, send a notification to the developer on your intention to carry out the repairing on your own, reason that they failed to solve the problem till today and prevent further damages to your property. Dont think it will cost much compare to the nightmare you have to face everyday. Worse come to worse, you will only lost a bit of money if the developer refuse to compensate you. But you still have time to further pursue this matter with the developer. The main thing is get the problem solved now, once and for all.

Doing some search on internet, Zeus properties is under Peter company that build 1120 park avenue. Need to becareful of this developer in future.

I hope you don't mind me asking this: is your unit affected by leakages as well? Thanks.

Thanks for the info.

if u planning to sue them, u need to hav all the pictures taken with dates available and get a 'expert' plumber to giv opinion on these.

anyway, if u r bought the unit as a sub sales unit, pls go through the terms and conds on the warranty of the building by the developer... u know our country full of con man ard.

it's jux my 2cents.

Drtay
am just thinking aloud here - would it be possible the developer did a short cut and instead of providing one pipe for water and the other for waste, they
only installed one instead - so the units on the ground floor will get a backflow because the pipe cant handle the outflow of water and waste ? so the ground floor
units will be affected the most as compared to the higher units?

Also if its still underwarranty - suggest you write officially to the lawyer who is holding the remaining 5% (or whatever the amount is) outlining the problem and unless and until the defect is addressed satisfactority the lawyer is obligated under the law to hold back this money - this should be enough to force the developer to deal with the problem. after you have done it then only inform the developer and i reckon that they will be more cooperative after that..get a lawyer to draft the proper notice to the developer so that it will hold up in court in case you need to litigate. most importantly you must do this before the warranty period lapses and asap..
however please double check what i have just mentioned to ensure that this is indeed provided under the law as am no lawyer nor expert..

Group together with other owners together can do better.

Im wonder, did this issue happened during heavy rain? i might afraid the soil pipes are connected with waste pipe and rain water piping too.

Must engage your own licensed plumber to verify this

you need 2nd opinion instead only listening from developer / maintenance site

pls post some pictures

I'm very angry now! No replies no nothing from them about this problem! I called in to look for the director just now to set up a meeting, her staff Miss Chai the rude annoying woman said she was not in, and I made her promise to contact me once the director in.

I couldn't wait. So I came in here after lunch, and she told me the director just went out. I asked her why she didn't call me, she said cos I'm supposed to see another director. Ahhhhh. I told her off immediately after she gave me that kind of "I don't care" face. She said she doesn't know what is going on. And maybe they are fixing the things. I asked if there is somebody that can explain to me. She said all went out d. What kind of developer is this?!

She asked if I'm still staying there? I thought to myself, yes, why am I still staying here, with the fear that the shit might flood my house again?!

I'm here in the developer office and insisted to see their directors.

This post has been edited by DrTay: Sep 13 2012, 07:35 PM

Collect some sai water and send it to her. Is it only Papilon or all condos have this type of piping?

Does that happen to other condos too?

This post has been edited by CharmaineLeong: Sep 13 2012, 03:58 PM

Really a shit contractor, confront to them accompany with gangsters.

I didn't get to see the directors. I'm tired to fight for the compensation. Because there are new defects found again yesterday. Water leaking on the 2nd shower room floor. It's said the water came from outside, probably the drainage pipe from upstairs got blocked and the water seeps in through the slabs.

I have stayed in a low cost flat before. I have never encountered all these different plumbings issues. Obviously it's the poor workmanship of the developer. I STRONGLY ADVISE YOU GUYS NOT TO BUY ANY PROPERTIES FROM ZEUS PROPERTIES SDN BHD. BEWARE.

This post has been edited by DrTay: Sep 14 2012, 09:31 AM

Zeus Property = Peter Company, currently they build 1120 Aveue Park at PJ South.

If your property is under warranty, just write in to them officially that you are going to employ a plumber of your own and backcharge is all to them.

Also, take all the photos you have on the incident day and make a claim to all your damaged goods (due to their poor workmanship).

Consult a lawyer and see if you are able to sue them in any grounds.

If all else fail, gather all the pictures, statement and politicians and hold a BIG press conference nearby their office or at their show units or anywhere you may gather a strong interest (property fair/hotels/mega shopping centres) and disclose it all (warn the developer you are willing to go to this extend if they fail to address you appropriately).

Write in to all major newspapers/social networking sites/internet newspaper and make a big fuss. Create a anti-(insert developer's name) site on facebook and make it viral.

Lastly, file a claim under the consumer tribunal, write in to consumer assicoations, and government ministry in charge of this (is your property under commercial or residential title?).

Sorry to hear about your problems. Hope they solve it for you soon.

Probably it's time to complain in the newspapers? Or call TV3?

Aduan Rakyat on TV3..ask karam Singh Walia to come..

If it's still under warranty, you can asks your own contractor to do it first and claim it back later (more than x days of notice without response, the x I think it's 14 days if I remember correctly, correct me if I'm wrong) .. but you know la this kind of thing, "how smooth and how fast" you're able to get your $$ back .. perhaps you've to bring it to court after all. Next time when you buy new project, consider thoroughly the devr background, even worst if project go abandon.

Better still, group together with other owners that facing the same problem.

what the LYN resident loyar, mr dariofoo has to say about this case?

I dont see how a plumber can solve the problem as it is not inside his apartment.

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Added on September 14, 2012, 3:38 pmSo, it is papilon!

Why not make it big? If you continue to face this issue, your unit will have no value anyway. Who wants to buy a shit hole?



This post has been edited by twins9: Sep 14 2012, 03:38 PM

Ok, now they told me that the 2nd bathroom, the water leaking is due to the burst piping, so they need to hack the wall. And for the master bathroom, they need to hack from outside. So, meaning I can't use these two bathrooms for at least one week looking at how SLOW they respond to defect. Arghhhhhhhhhhhhhhhhhhhhhh

I strongly support this! Boycott their product!

The best option is to annul the SPA between the owner and the developer by declaring the unit is no longer fit for occupation as suggested by Dario. However, this opt is also the most troublesome and time consuming.

If u make the issue big, then u also can't sell the unit to any potential buyers.

The easiest method is to repair and reimburse by the developer.

I agree with you.

What is the status now? Repaired or still waiting?

DrTay, just curious to know if the defects have been rectified satisfactorily by the developer.

TS .. answered here .. http://forum.lowyat.net/topic/2525856/+20

im also asking there, but no reply

Yes, there was no mention about the defects being rectified at all.

hmm...it is a very nice condo everytime I passed by Old Klang road but with lousy developer!! Should blacklisted this developer!

There are a few facts which need to be clarified before proper advices can be dispense.

1) sewerage and water piping are two different pipings and they should not mix. If you are certain that it is sewerage that's coming out from your floor, then it is rather weird that they would get CFO in the first place.

2) there is always warranty on your unit. But to be certain, you need to make sure that the root cause is not a bad neighbour who is clogging up the water piping due to throwing rubbish into the water outlet. If it is really the cause, you cannot sue the developer.

3) No point for you to see the director. If you feel that you have been "scammed" then sue them. That is probably the best way to get some attention.

tis 1 same developer with 1120?

Hi All,

I apologize for not replying to you earlier, I did not know you guys have posted questions until just now.

Well, after I made a big hoo haa in the office, the director finally replied my email and said that this is again caused by debris that has accumulated and blocked the drain. According to her, this is not a defect from the developer, otherwise they wouldnt have got the CF. she said it is an unfortunate event caused by the debris dumped by somebody above my unit. The developer also mentioned earlier in Dec when the second incident happened, the sewage and the shower piping are separated BUT are connected at the bottom floor, so it is normal for the back flow of both sewage and shower water from the shower drain when the pipe is clogged. She added that, it has nothing to do with them, so they won't compensate any damages caused, and she also checked with the condo management, the condo insurance does not cover such flooding damage.

She arranged the plumber to divert the drain out to another pipe, and she emphasized they are only doing it out of good willingness. The plumber at first kept mumbling that the piping was not done nicely, that's what caused the problem, and he said even the diversion of the drainage piping CANNOT guarantee the shitty problem won't happen again, if the upstairs people throw rubbish into the drain again. But after he diverted the pipe (it's now visible outside the building), he said 100% that shitty problem won't happen again.

However, many other first floor units also experienced the similar problem, but not that severe, as in the water cannot flow down the drain, or the sewage water back flow but only small amount. And we had never heard of such incidents in other high rise buildings before. That's why many think that this shitty problem is also has something to do with their shoddy poor plumbing work. Anyway, the plumber from developer himself did said that the previous plumber didn't do a good job in the plumbing work. That's why many had advised me to sue the developer.

I will be writing a letter to the developer to ask for a letter of guarantee. But I think it will be quite hard to get that. Because they always ignore my emails anyway. Only the director replied my emails(but that is after I visited the office). I have recently sent in emails asking why their re-paint cannot cover the water marks(caused by water leaking in the ceiling, and the second shower room), it has been a week now, but no reply, as usual.

I have decided not to take legal actions, because it's going to be a long process, and I can't afford to go through that, it's just too stressful, and I might not be able to afford paying the legal fees. The shitty problems and the defects that I found every few months are just stressful enough.

Thank you all for your concerns. So, I can say its considered the shitty problem is fixed for now. And my advice is, avoid buying from this developer, after all the bad experience I had with the unit and the developer.

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Added on October 11, 2012, 5:26 amI will post the pictures when I get a laptop, my current laptop is spoilt, so im using ipad to online, and I don't know how to upload the pics to LYN on my iPad/iPhone.

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Added on October 11, 2012, 5:34 amYes.

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Added on October 11, 2012, 5:36 am

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Added on October 11, 2012, 5:37 am

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Added on October 11, 2012, 5:37 am

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Added on October 11, 2012, 5:38 amThis post has been edited by DrTay: Oct 12 2012, 12:39 AM

DrTay, thank you for the update.

I am one of the buyers of 1120 Park Avenue built by the same Peter's Group and I am of course concerned although deep inside me I knew this is the risk we all have to take when living in a condo/apartment with inconsiderate & wilful neighbours.

I hope all forummers who read this topic would appreciate the potential problems faced by their neighbours if they indiscriminately dumped solid construction debris or waste into the toilet or kitchen sink.