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.

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?

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

Dear 1282009,

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

I can't reveal


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

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

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

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 agree with you.

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